The Attorney-General of the Federation has told the Federal High Court in Lagos that the Nigerian Midstream and Downstream Petroleum Regulatory Authority cannot exercise regulatory or oversight powers over companies operating within a free trade zone, including the Dangote Petroleum Refinery.
Justice Akintayo Aluko disclosed this on Monday while granting an interim order restraining the NMDPRA from shutting down or interfering with operations at the Dangote Refinery.
The judge said he had seen a letter issued by the Attorney-General of the Federation on March 2, 2026, which clearly stated that the petroleum regulator was not entitled to exercise regulatory or oversight functions over operations within free trade zones.
The ruling followed an ex parte application filed by Dangote Petroleum Refinery in suit No. FHC/L/CS/1174/26. The refinery’s legal team was led by Senior Advocate of Nigeria, Olawale Akoni.
The 700,000-barrel-per-day refinery had approached the court after the NMDPRA, in a letter dated August 24, 2026, directed the suspension of loading and truck-out of petroleum products from the facility.
The company asked the court to restrain the regulator from enforcing the directive pending the determination of its motion on notice.
It also sought an interim injunction preventing the NMDPRA, its officers, agents or representatives from entering, sealing, shutting down, restricting access to, inspecting, supervising, sanctioning or otherwise interfering with the refinery, petrochemical, terminal, storage, blending, loading and related facilities located within the Lekki Free Zone.
In his ruling, Justice Aluko said the court had a duty to preserve the subject matter of a case and prevent it from being altered or destroyed before the substantive issues were determined.
The judge said the conditions required for the grant of an interim injunction had been satisfied by the refinery.
He also noted that Dangote Refinery had undertaken to indemnify the NMDPRA in damages if the court later found that the interim order should not have been granted.
Justice Aluko consequently granted the application in the terms sought by the refinery and ordered the company to file a formal undertaking as to damages.
He directed that the order and the court’s notice be served on the NMDPRA.
The court adjourned the case until September 9, 2026, for hearing of the motion on notice.