By Benson Daniel
A Federal High Court in Lagos has issued an interim injunction restraining the Nigerian Midstream and Downstream Petroleum Regulatory Authority from shutting down or interfering with the operations of Dangote Petroleum Refinery in the Lekki Free Zone.
Justice Akintayo Aluko issued the order while ruling on an ex parte application filed by Dangote Petroleum Refinery Nigeria Limited following a directive issued by the regulator concerning the loading and truck out of petroleum products from the facility.
The refinery approached the court after receiving a letter dated August 24, 2026, which allegedly directed the suspension of the loading and truck out of petroleum products from the refinery.
Dangote subsequently asked the court to restrain the NMDPRA, its officers, agents and representatives from enforcing the directive or taking any action capable of disrupting the refinery’s operations.
The company also sought protection against any attempt to seal the facility, restrict access, suspend operations or interfere with its refinery, petrochemical, terminal, storage, blending, loading and truck out activities within the Lekki Free Zone.
In his ruling, Justice Aluko said the application raised serious issues requiring judicial determination, particularly the question of whether the NMDPRA has regulatory and oversight powers over operations within free zones.
The judge referred to a March 2, 2026 letter from the Attorney General of the Federation which, according to the court, stated that the NMDPRA was not entitled to exercise regulatory powers or oversight functions over operations within free zones.
Justice Aluko said the court had a duty to preserve the subject matter of the case and prevent circumstances that could undermine the substantive proceedings before they are determined.
The court consequently granted the interim injunction sought by the refinery and directed the company to file a formal undertaking to indemnify the NMDPRA in damages if it is subsequently established that the order should not have been granted.
The ruling effectively prevents the regulator from shutting down or interfering with the refinery’s operations pending further proceedings in the case.
The court has adjourned the matter until September 9, 2026, when the motion on notice is expected to be heard.
The development comes amid wider disagreements involving the Dangote Refinery and petroleum sector regulators over regulatory authority, product loading and the operation of petroleum facilities within free zones.
The latest court order is expected to provide temporary protection for the refinery’s operations while the substantive legal issues surrounding the regulatory powers of the NMDPRA are considered.
The outcome of the case could have wider implications for the regulation of petroleum facilities operating within Nigeria’s free zones and the relationship between regulators and private-sector energy investors.
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