Dangote Petroleum Refinery and Petrochemicals FZE has approached the Court of Appeal in Abuja, seeking permission to challenge a Federal High Court judgment directing the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) to continue granting petroleum product import licences to Matrix Energy, AA Rano and AYM Shafa.
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The refinery is seeking to overturn the judgment delivered on September 28, 2026, by Justice Inyang Ekwo of the Federal High Court in Abuja in Suit No. FHC/ABJ/CS/1363/2026.
In a motion on notice filed on October 6, 2026, Dangote Refinery asked the Court of Appeal to grant it leave to appeal as an interested party, having not been a party to the suit in which the judgment was delivered.
The application was brought pursuant to Sections 233(3) and 233(5) of the 1999 Constitution, as amended, Section 24 of the Court of Appeal Act, Order 6 Rules 1 and 2 of the Court of Appeal Rules 2021, and the inherent jurisdiction of the appellate court.
The Federal High Court had ruled in favour of Matrix Energy Limited, AA Rano and AYM Shafa in their action against the NMDPRA over the regulator’s refusal to issue or renew petroleum product import licences.
Justice Ekwo held that the Petroleum Industry Act, 2021, does not prohibit the importation of petroleum products into Nigeria or prevent the NMDPRA from granting licences to qualified importers.
The judge held that the regulator’s refusal to issue the licences amounted to “direct non-compliance” with the Petroleum Industry Act and that any exercise of authority inconsistent with the Act was null and void.
The court consequently ordered the NMDPRA to continue granting petroleum product import licences to the three marketers in accordance with applicable laws.
Dangote Refinery is now challenging that decision, maintaining in its separate litigation over petroleum imports that import licences should not continue to be issued where domestic refining capacity is sufficient to meet local demand.
The refinery has argued that under its interpretation of the Petroleum Industry Act, petroleum imports should only be permitted where local supply is insufficient to satisfy domestic requirements.
The appeal move comes amid another pending suit filed by Dangote Refinery at the Federal High Court in Lagos over petroleum import licences, in which Matrix Energy, AA Rano and AYM Shafa have sought to be joined.
In that action, Dangote Refinery is seeking, among other reliefs, to challenge what it describes as the continued issuance of import licences despite increasing domestic refining capacity.
The latest legal battle comes as Nigeria’s petrol supply structure continues to change following increased production from local refineries. Figures attributed to the NMDPRA showed that domestic refinery supply rose to about 3.18 billion litres in the first quarter of 2026, while imports declined.
Dangote Refinery had previously challenged petroleum import licences in a 2025 suit involving NNPC Limited and several marketers, including AYM Shafa, AA Rano and Matrix Petroleum Services, but later discontinued that action.
The Court of Appeal has yet to determine Dangote Refinery’s application for leave to appeal, meaning the September 28 Federal High Court judgment remains the subsisting decision unless set aside or otherwise varied by a higher court.
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