Dangote Petroleum Refinery Petrochemicals FZE has approached the Court of Appeal in Abuja seeking leave to appeal the Federal High Court judgment that directed the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) to continue granting petroleum product import licences to three major oil marketers — Matrix Energy, AA Rano, and AYM Shafa.
The company's motion on notice, filed on October 6, 2026 and obtained exclusively by Nairametrics, marks the latest escalation in the dispute over fuel availability, refining capacity, and import policy involving key industry players.
The application 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. Section 24 of the Court of Appeal Act allows the appellate court, while hearing an appeal, to exercise powers that the lower court could have exercised or to order a retrial before a court of competent jurisdiction.
The refinery's legal team is seeking an order granting it 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 asking the appellate court to overturn that judgment.
In the underlying case, Justice Ekwo had ordered the NMDPRA to continue granting import licences to the three marketers in line with relevant laws. The judge held that the NMDPRA's refusal to issue licences was in "direct non-compliance" with the Petroleum Industry Act (PIA). The plaintiffs had sought a declaration that the PIA, 2021, does not outlaw or ban the importation of petroleum products into Nigeria and does not preclude the regulator from granting or renewing licences to eligible importers.
The judge also ruled 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", and concluded that the plaintiffs had established their claim on the merits.
Broader market data from the NMDPRA showed that Nigeria's petrol imports dropped sharply in the first quarter of 2026, while supply from local refineries climbed to about 3.18 billion litres. Nairametrics previously reported that 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 at the Federal High Court in Lagos; that case remains pending. Dangote Refinery has argued that the continued issuance of import licences contravenes Nigerian law, which it says permits fuel imports only when local supply is insufficient to meet demand.
