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Court restrains NMDPRA from interfering with Dangote Refinery operations

The 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 on Monday while ruling on a motion ex parte marked FHC/L/CS/1174/26, filed and argued by counsel to Dangote Petroleum Refinery Nigeria Limited, Olawale Akoni and Abimbola Akeredolu, both Senior Advocates of Nigeria.

The refinery had approached the court following a letter dated August 24, 2026, in which the NMDPRA allegedly directed it to suspend the loading and truck-out of petroleum products.

In the application, the refinery urged the court to restrain the regulatory agency, its officers, agents, representatives, privies and any person acting under its authority from enforcing or implementing the directive pending the hearing and determination of its motion on notice.

The company also sought an interim injunction restraining the NMDPRA and its agents from entering, sealing or shutting down the refinery, as well as from restricting access to, obstructing, suspending, disrupting, inspecting, supervising, sanctioning or otherwise interfering with its refinery, petrochemical, terminal, storage, blending, loading, truck-out and related facilities and operations within the Lekki Free Zone.

Moving the application, Akeredolu told the court that it was supported by a 42-paragraph affidavit deposed to by Wale Aroge, a written address and documentary exhibits marked A1 to A6.

She urged the court to grant the reliefs sought.

Justice Aluko said he had carefully considered the application, the affidavit evidence, documentary exhibits and submissions of counsel, including the NMDPRA’s August 24, 2026 letter.

The judge noted that the refinery’s case was that the NMDPRA lacked regulatory or oversight powers over operations within free zones, including the Dangote Industrial Free Zone.

Justice Aluko also referred to a March 2, 2026 letter issued by the Attorney-General of the Federation, which, according to the judge, stated that the NMDPRA was not entitled to exercise regulatory or oversight powers over operations within free zones.

He said the court had also considered the NMDPRA’s August 24 letter, through which the agency purportedly sought to exercise such powers. Justice Aluko said