BREAKING: Dangote Refinery heads to Appeal Court over ‘continual fuel import licences’ judgement

Dangote Petroleum Refinery Petrochemicals FZE has urged the Court of Appeal in Abuja to grant it permission to challenge a recent Federal High Court judgment ordering the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) to continue to grant petroleum product import licences to three major oil marketers — Matrix Energy, AA Rano, and AYM Shafa.

This was disclosed in a motion on notice filed by the refinery on October 6, 2026, and exclusively seen by Nairametrics.

The legal development marks the latest escalation in the dispute over fuel availability, refining, and imports in Nigeria involving major industry stakeholders.

The motion was brought pursuant to Sections 233(3) and 233(5) of the Constitution of the Federal Republic of Nigeria, 1999 (as altered); Section 24 of the Court of Appeal Act (as amended); Order 6, Rules 1 and 2 of the Court of Appeal Rules, 2021; and the inherent jurisdiction of the court.

According to Section 24 of the Court of Appeal Act (as amended), during the hearing of an appeal, the Court of Appeal may exercise any power that could have been exercised by the court below or order the case to be retried by a court of competent jurisdiction.

The refinery’s legal team is seeking an order “granting the applicant leave to appeal as an interested party against the judgment delivered on September 28, 2026, by Justice Inyang E. Ekwo of the Federal High Court, Abuja Judicial Division, in Suit No. FHC/ABJ/CS/1363/2026, between Matrix Energy Ltd and two others and the NMDPRA.”

The refinery is seeking to overturn the Federal High Court judgment.

Nairametrics previously reported that Justice Inyang Ekwo had ordered the NMDPRA to continue granting petroleum product import licences to the three major oil marketers in line with relevant laws.

Justice Ekwo made the order in his judgment on Monday, holding that the NMDPRA’s refusal to issue licences to the three oil marketers was in “direct non-compliance” with the Petroleum Industry Act (PIA).

Among other reliefs, the plaintiffs had sought a declaration that the Petroleum Industry Act, 2021, does not outlaw or ban the importation of petroleum products into Nigeria, nor does it preclude or prohibit the NMDPRA from granting licences to eligible importers or renewing such licences for the importation of petroleum products into the country.

In delivering his judgment, the judge held that the actions of the NMDPRA “are in direct non-compliance with the PIA”, adding that the authority was acting beyond the provisions of the law by failing to issue import licences.

He further held that the “consequence of non-compliance” with the PIA and relevant laws rendered any exercise of authority in respect of import licences “null and void”.

The judge subsequently ruled that the plaintiffs had successfully established their claim against the NMDPRA, adding that the case succeeded on its merits.

The latest legal move comes after reports from the NMDPRA showed that Nigeria’s petrol imports dropped sharply in the first quarter of 2026, as supply from local refineries climbed to about 3.18 billion litres.

This is not the first time Dangote Refinery has challenged fuel import licences issued by the NMDPRA.

In 2025, the refinery filed a similar suit seeking to nullify fuel import licences granted to NNPC Ltd, AYM Shafa Ltd, AA Rano Ltd, T. Time Petroleum Ltd, 2015 Petroleum Ltd, and Matrix Petroleum Services Ltd.

However, in July 2025, Dangote Refinery unexpectedly withdrew the lawsuit, informing the court: “Take notice that the plaintiff herein discontinues this suit against the defendants forthwith.”

Nigeria has historically depended heavily on imported petrol because of the poor performance of state-owned refineries over several decades.

However, the emergence of Dangote Refinery, widely regarded as Africa’s largest single-train refinery, has significantly altered the country’s fuel supply dynamics.

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