Dangote Refinery Seeks Appeal Court Leave to Challenge Fuel Import Licence Judgment

Dangote Petroleum Refinery Petrochemicals FZE has asked the Court of Appeal in Abuja for permission to challenge a Federal High Court judgment that ordered the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) to keep issuing petroleum product import licences to Matrix Energy, AA Rano, and AYM Shafa.

The motion on notice was filed on October 6, 2026. It is the latest escalation in the dispute over fuel availability, refining, and imports involving major industry stakeholders in Nigeria.

What the refinery wants

The motion was brought under 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.

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

Dangote 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 wants the judgment overturned.

Background to the import licence dispute

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. In his judgment, he held that the NMDPRA’s refusal to issue licences to the three oil marketers was in direct non-compliance with the Petroleum Industry Act (PIA).

The plaintiffs had sought a declaration that the Petroleum Industry Act, 2021, does not outlaw or ban the importation of petroleum products into Nigeria. They also asked the court to declare that the PIA does not preclude or prohibit the NMDPRA from granting licences to eligible importers or renewing such licences for fuel imports.

The judge held that the actions of the NMDPRA “are in direct non-compliance with the PIA.” He added 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.”

Justice Ekwo ruled that the plaintiffs had successfully established their claim against the NMDPRA and that the case succeeded on its merits.

Nigeria’s changing petrol import dynamics

The legal move comes after NMDPRA reports 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.

Matrix Energy, AA Rano, and AYM Shafa had also applied to join a fresh N100 billion import licence suit filed by Dangote Refinery against the Attorney General of the Federation (AGF) at the Federal High Court in Lagos. Dangote Refinery argued in that filing that continued issuance of import licences contravenes Nigerian law, which, according to the company, permits fuel imports only when local supply is insufficient to meet demand. That case is still pending.

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. In July 2025, Dangote Refinery unexpectedly withdrew the lawsuit, telling 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. The emergence of Dangote Refinery, widely regarded as Africa’s largest single-train refinery, has significantly altered the country’s fuel supply dynamics.