A Federal High Court in Lagos has issued an interim injunction restraining the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) from shutting down or interfering with the operations of the Dangote Petroleum Refinery.
Justice Akintayo Aluko issued the order on Monday while ruling on a motion ex parte filed by Dangote Petroleum Refinery Nigeria Limited.
The refinery approached the court after NMDPRA allegedly directed, in a letter dated August 24, the suspension of loading and truck-out of petroleum products from the facility.
Dangote asked the court to restrain NMDPRA, its officers and agents from enforcing the directive and from entering, sealing, shutting down, restricting access to or otherwise interfering with its facilities and operations within the Lekki Free Zone.
The application was argued by a legal team led by Senior Advocates of Nigeria Olawale Akoni and Abimbola Akeredolu.
Court Grants Interim Injunction
In his ruling, Justice Aluko said he considered the application, affidavit evidence, exhibits and submissions from both parties, including NMDPRA’s August 24 letter.
The judge noted that Dangote’s case was that NMDPRA lacked regulatory and oversight powers over operations within free zones, including the Dangote Industrial Free Zone.
He also referred to a March 2 letter from the Attorney-General of the Federation, which, according to the judge, stated that NMDPRA was not entitled to exercise regulatory powers or oversight functions over operations within free zones.
The judge said the application raised serious issues that required determination by the court and that the refinery had demonstrated the need for urgent judicial intervention.
“Every court has the inherent power and duty to preserve the res and prevent a situation where the subject matter of litigation would be destroyed or altered before the substantive application is determined.”
Justice Aluko held that Dangote had satisfied the conditions for the grant of an interim injunction and ordered the refinery to provide a formal undertaking as to damages.
“Accordingly, I find merit in the application, and the same is hereby granted in terms of the reliefs sought.”
The court directed that the order and notice be served on NMDPRA and adjourned the case until September 9 for hearing of the motion on notice.
NMDPRA Declines Comment
When contacted for clarification, NMDPRA spokesperson George Ene-Ita declined to comment on the matter, saying it was sub judice.
“The matter is sub judice and in respect to the Hon. Justice’s decision, we cannot comment on the matter for now.”
