A Federal High Court in Lagos has restrained the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) from shutting down, restricting access to or interfering with the operations of Dangote Petroleum Refinery in the Lekki Free Zone.
Justice Akintayo Aluko granted the interim injunction on Monday following an application by Dangote Petroleum Refinery Nigeria Limited, after the company challenged an August 24, 2026 directive by the NMDPRA concerning the loading and truck-out of petroleum products from its facilities.
The refinery had asked the court to prevent the regulator, its officers, agents and representatives from enforcing the directive pending the hearing and determination of its substantive motion. It also sought protection against any attempt to enter, seal, shut down, restrict access to or disrupt its refinery, storage, terminal, blending, loading and truck-out operations.
The legal dispute centres on the extent of the NMDPRA’s regulatory authority within free zones. Dangote’s case, as noted by the court, is that the regulator does not possess regulatory or oversight powers over operations within free zones, including the Dangote Industrial Free Zone.
In reaching his decision, Justice Aluko referred to a March 2, 2026 letter from the Attorney-General of the Federation, which, according to the judge, stated that the NMDPRA was not entitled to exercise regulatory or oversight functions over operations within free zones. The judge contrasted that position with the August 24 directive through which the regulator sought to exercise such powers.
Justice Aluko held that the refinery had presented serious issues requiring determination by the court and that the circumstances warranted preserving the subject matter of the suit pending the substantive hearing. He said the court had a duty to prevent the subject matter of litigation from being altered or affected before the case was determined.
The court consequently granted the refinery’s application in the terms sought and ordered Dangote Petroleum Refinery to file a formal undertaking as to damages. The order is to be served on the NMDPRA, while the substantive motion has been adjourned to September 9, 2026.
The ruling provides temporary protection for the operations of Nigeria’s largest refinery at a critical point in the downstream market, but it does not finally determine the underlying dispute over the regulator’s jurisdiction within the free zone. The substantive hearing on September 9 is therefore expected to provide the next major test of the competing positions of Dangote Refinery and the NMDPRA.