Court Bars NMDPRA from Shutting Down Dangote Refinery
Justice Akintayo Aluko issued the order on Monday while ruling on a motion ex parte marked FHC/L/CS/1174/26, filed by Dangote Petroleum Refinery Nigeria Limited through its counsel, Olawale Akoni and Abimbola Akeredolu, both Senior Advocates of Nigeria.
The refinery approached the court after the NMDPRA allegedly directed, in a letter dated August 24, 2026, the suspension of the loading and truck-out of petroleum products from its facility.
Dangote Refinery asked the court to restrain the regulatory agency, its officers, agents, representatives, privies or anyone 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 preventing the NMDPRA and its agents from entering, sealing, shutting down, 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, Lagos.
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.
In his ruling, Justice Aluko said he had considered the application, affidavit evidence, exhibits and submissions of counsel, including the NMDPRA’s August 24 letter.
The judge noted that Dangote Refinery’s case was that the NMDPRA lacked regulatory and oversight powers over operations within free zones, including the Dangote Industrial Free Zone.
Justice Aluko also 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 powers or oversight functions over operations within free zones.
He said the court had also considered the NMDPRA’s August 24 letter through which the agency allegedly sought to exercise such powers.
Justice Aluko held that the affidavit evidence disclosed serious issues requiring determination by the court and that the urgency of the matter warranted judicial intervention.
He said the refinery was seeking to preserve the subject matter of the suit pending the determination of its motion on notice, adding that the court had an inherent duty to prevent the subject matter of litigation from being destroyed or altered before the substantive application was determined.
The judge further held that Dangote Refinery had satisfied the conditions for the grant of an interim injunction and had undertaken to indemnify the NMDPRA in damages if it was later established that the order ought not to have been granted.
Justice Aluko consequently granted the application and directed the refinery to file a formal undertaking as to damages.
He also ordered that the court’s order and notice be served on the NMDPRA and adjourned the case until September 9, 2026, for hearing of the motion on notice.
