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 a strike or compelling other truck drivers to join.
Ruling on a motion ex parte filed by counsel to Dangote Refinery, George Ibrahim (SAN), Justice E.D. Subilim, on Wednesday, also barred the unions from blocking roads, frustrating, or shutting down the operations of Dangote Refinery, MRS Oil Nigeria Plc, and MRS Oil and Gas Company Ltd.
The judge held that irreparable damage could be caused to Dangote Refinery if the orders were not granted. The restraining orders, which will last seven days, are to remain in effect pending the hearing of a motion on notice.
He further directed that the respondents be served with the motion and all accompanying processes within seven days.
Since the court’s vacation jurisdiction lapses on September 23, Justice Subilim ordered that the case file be remitted to the President of the National Industrial Court for reassignment to another judge to hear the substantive matter.
Dangote’s lawyer asked the court to restrain NUPENG and the drivers’ association, their agents, and representatives from actions aimed at crippling refinery operations.
He also sought an order compelling the drivers to continue petroleum trucking services to the refinery, MRS, and the Nigerian public pending the hearing of the motion on notice.
Ibrahim argued that the planned strike contravened Section 40 of the 1999 Constitution and Section 12(4) of the Trade Union Act, insisting that the court had jurisdiction to intervene.
An affidavit in support of the application, deposed to by Ahmed Hashem, Group General Manager for Government and Strategic Relations at the refinery, contained an undertaking to pay damages if it is later determined that the injunction was wrongly granted.
After considering the submissions, Justice Subilim held that the case raised “a serious issue to be tried,” stressing that the balance of convenience favoured the refinery and that irreparable damage could occur if the orders were not made.
Accordingly, the judge ruled, “NUPENG must refrain from initiating or compelling the Drivers Association to participate in any strike designed to cripple or frustrate the refinery’s operations. The Drivers Association is restrained from joining or continuing with any planned industrial action against the refinery or its affiliates. Both unions must maintain petroleum trucking services to ensure a steady supply pending the hearing of the substantive case.”
Recall that Dangote Petroleum Refinery, in a statement on Saturday, insisted it is not opposed to unionism and recognises workers’ rights to join unions in line with the principle of voluntarism.
“While we are obliged to protect the rights of workers who choose to join or not join any union, we are also obliged to protect the rights of those workers who, for any reason, decide not to join,” the refinery said, urging unions to respect these principles to sustain peace in the oil and gas sector.
It also dismissed claims of monopoly, noting that over 30 refinery licences had been issued to other private players such as BUA, Aradel, and Waltersmith, who are actively developing their facilities.