Kogiflame
The National Industrial Court 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 picketing against the Dangote Petroleum Refinery.
Justice Emmanuel Danjuma Subilim, ruling on an ex parte motion filed by Dangote Refinery’s counsel, George Ibrahim (SAN), also barred the unions from obstructing public roads or disrupting operations at Dangote Refinery, MRS Oil Nigeria Plc, and MRS Oil and Gas Company Ltd.
The court sitting in Abuja Wednesday, held that irreparable damage could occur if the injunction was not granted. The restraining order, valid for seven days, is to remain in effect pending the hearing of a motion on notice.
Justice Subilim directed that the unions be served within the week and ordered the case file transferred to the court president for reassignment, as the vacation jurisdiction ends on September 23.
Dangote Refinery had approached the court and sought orders restraining NUPENG and the drivers’ association, their members, agents, and representatives from engaging in industrial action aimed at crippling refinery operations.
The Refinery further asked the court to compel the drivers to continue petroleum trucking services to the refinery, MRS, and the Nigerian public pending the determination of the motion on notice.
Mr. Ibrahim argued that the unions’ actions contravened Section 40 of the 1999 Constitution, which guarantees freedom of association, and Section 12(4) of the Trade Union Act. He maintained that the court had jurisdiction to intervene in the dispute.
In the supporting affidavit, the refinery pledged to pay damages if the injunction is later deemed unjustified. The court found that the balance of convenience favoured the refinery and that a serious issue was at stake.
Meanwhile, Dangote Refinery reiterated its support for voluntary unionism, stating it respects workers’ rights to join or abstain from union membership. It also dismissed monopoly claims, noting that over 30 refinery licences have been issued to other private operators.
NUPENG, however, accused the refinery of violating a recent resolution on workers’ rights and intimidating union officials. The union has placed its members on red alert and called for government and civil society intervention.
