By Ebiere Kekeboro
The National Industrial Court in Abuja has issued an interim injunction restraining the Nigeria Union of Petroleum and Natural Gas Workers (NUPENG) and the Direct Trucking Company Drivers Association from embarking on any industrial action or compelling other drivers to join.
Justice E.D. Subilim, who delivered the ruling on Wednesday, also barred the defendants from blocking roads, obstructing vehicular movement, or disrupting the operations of Dangote Refinery, MRS Oil Nigeria Plc, and MRS Oil and Gas Company Ltd.
The orders followed an ex parte motion filed by George Ibrahim, SAN, counsel to the Refinery. Ibrahim argued that shutting down operations would inflict irreparable damage on the Refinery and its partners, citing constitutional and statutory provisions that guarantee freedom of association and regulate union activities.
In support, Dangote Refinery’s Group General Manager, Government and Strategic Relations, Ahmed Hashem, swore to an affidavit pledging damages should the injunction later be found unnecessary.
Justice Subilim held that there was a serious issue to be tried and that the balance of convenience favoured the applicants. He consequently granted a seven-day interim injunction restraining NUPENG and the Drivers Association from carrying out or joining any strike pending the hearing of the substantive motion.
He further directed that the respondents be served within seven days and transferred the file to the President of the National Industrial Court for reassignment, noting that his vacation jurisdiction ends September 23, 2025.
Background
Dangote Refinery has insisted it is not opposed to unionism, but stressed that workers should be free to join or not join unions without coercion. It urged stakeholders to respect voluntarism for peaceful industrial relations.
The dispute followed NUPENG’s allegation that Dangote drivers were compelled to remove union stickers and forced to load products despite an earlier agreement, claims the Refinery has denied.
The union subsequently placed members on red alert, accusing the company of intimidation and calling for government intervention.
The standoff has drawn mixed legal opinions on whether employers can lawfully restrict workers’ union rights, with some lawyers citing freedom of association under the 1999 Constitution and others pointing to contractual obligations.