The Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) has urged a Federal High Court, Lagos, to discharge the interim order restraining it from enforcing its directive suspending propane loading and truck-out from the Dangote Petroleum Refinery over safety concerns.
NMDPRA argued, through its lawyer, Matthew Burkaa (SAN), that the August 31 interim order granted in favour of Dangote Petroleum Refinery and Petrochemicals FZE was allegedly obtained through misrepresentation and suppression of material facts.
The regulator also contended that Justice Akintayo Aluko granted the interim order without jurisdiction because Dangote Petroleum Refinery had not filed the required motion on notice when its ex-parte application was heard.
NMDPRA further submitted that the order was granted after its regulatory monitoring allegedly uncovered the diversion of propane-laden trucks to unknown and unlicensed customers and the illegal blending of propane at some LPG plants.
Justice Aluko had restrained NMDPRA from interfering with the operations of the Dangote Petroleum Refinery until a substantive application challenging the regulator’s directive to suspend the loading and truck-out of petroleum products from the facility is decided.
The court order followed NMDPRA’s letter dated August 24, 2026, directing the suspension of loading and truck-out of petroleum products from the refinery.
Dangote, through its lawyers, urged the court to restrain NMDPRA, its officers, agents, representatives, or anyone acting under its authority from enforcing or acting on the directive until the hearing and final decision on its motion on notice.
The company also sought an interim injunction preventing the regulator and its agents from entering, sealing, shutting down, restricting access, obstructing, suspending, disrupting, inspecting, supervising, sanctioning, or otherwise interfering with its refinery, petrochemical, terminal, storage, blending, loading, truck-out, and related facilities within the Lekki Free Zone.
However, NMDPRA informed the judge in its counter affidavit that the August 24 directive followed its discovery of alleged diversion of trucks loaded with propane from production facilities to unknown and unlicensed customers, as well as the alleged illegal blending of propane at some LPG plants.
It also maintained that its directive was not aimed at shutting down Dangote Refinery but was intended to prevent further diversion and unsafe handling of propane while additional safety measures were being implemented.
In the affidavit filed in support of the application, the regulator stated that it commenced investigations after laboratory tests conducted on LPG samples from three plants—Selai, Tewa and Ameego Pago—allegedly showed propane content of more than 50 per cent.
NMDPRA stated that industry requirements specify that propane should constitute no more than 20 per cent of an LPG blend, with butane making up about 80 per cent.
The regulator alleged that representatives of the three plants, after being invited to discuss the findings, identified Sublime Oil and Gas Limited, an off-taker from Dangote Refinery, as their propane source.
It said the development prompted a wider reconciliation and material-balance exercise involving propane-producing facilities and LPG-blending plants.
NMDPRA further alleged that when its officials attempted to inspect propane loading operations and records at Dangote Refinery on August 24, they were denied access.
It subsequently issued a notice of potential non-compliance and directed the refinery to suspend propane loading and truck-out pending the outcome of its investigation and the implementation of additional safety measures.
The regulator said an examination of the refinery’s truck-out manifests also revealed significant discrepancies.
It alleged that Sublime Oil and Gas lifted 25 trucks of propane on August 20 and 22 for delivery to Navgas/Agasco, but Navgas reportedly confirmed receipt of only six of the trucks, leaving 19 apparently unaccounted for.
It further alleged that records from Delta State showed that another off-taker loaded 52 trucks between May and August 2026 for delivery to Navgas, but Navgas confirmed it received none of these consignments.
NMDPRA said the alleged diversion of propane to unauthorised and unlicensed customers raised serious public health and safety concerns, particularly because propane was allegedly being used for LPG blending outside approved standards.
The regulator also claimed that propane produced by Dangote and other gas processing facilities had a vapour pressure of about 13 bar, compared with the maximum seven-bar pressure required for the standard propane-butane LPG mixture.
It further argued that the high-pressure propane could pose an explosion risk at LPG refilling plants not designed to handle such pressure.
However, at the resumed hearing on Wednesday, counsel for Dangote Refinery, Wale Akoni (SAN), drew the judge’s attention to the counter affidavit filed by the defendant in response to his client’s motion on notice.
He, however, requested a brief adjournment to respond, as he was served with a copy in court on Wednesday.
Burka did not object to the adjournment motion but emphasised the urgency of the matter because of safety concerns.
However, in response, Justice Aluko reminded the lawyers that he was a vacation judge and that the court’s annual vacation would end on Friday.
He stated, “My jurisdiction ends on Friday as far as the vacation matter is concerned. Therefore, the Admin Judge will, in his wisdom, decide where the case file should go. So, it’s not even proper for me to give you a date now. The case file should be sent back to the court registry for the Admin Judge to, in his wisdom, set a date.”
He then reinstated the earlier order restraining NMDPRA from interfering with the operations of the Dangote Petroleum Refinery until a substantive application is heard and determined.
“I find it proper to extend the interim order made on the 31st day of August 2026 to preserve the res. It shall continue to subsist and shall be in force till the hearing and determination of the motion on notice, or until the court gives further directive.”
“The case file is hereby remitted to the registry for assignment to the regular court by the Honourable Administrative Judge,” Justice Aluko held.
