The ongoing dispute between the Nigeria Union of Petroleum and Natural Gas Workers (NUPENG) and Dangote Petroleum Refinery has drawn diverse legal opinions from lawyers across Nigeria regarding the legality and limits of company workers joining a union.
Some argue that employee contract terms forbidding unionism should be respected by employees and third-party organizations.
Others believe that the 1999 Constitutional provision on freedom of association is binding on all persons and companies.
In this exclusive interview with Naijaonpoint, prominent lawyers and experts shared their views on the legality of unionism while offering recommendations.
In an interview with Naijaonpoint, Barrister Frank Tietie, an Abuja-based human rights activist and development advocate, stated that although there is freedom of association in the 1999 Constitution and Dangote Refinery cannot say its workers cannot form a union; if part of the conditions of employment is that the refinery would not recognize a union, anyone who accepts those conditions cannot later demand union recognition.
“The same freedom to associate gives the freedom not to associate. So, the bottom line is that unionism is not by force,” he said.
He highlighted that certain trade unions, such as NUPENG, cannot impose themselves on a private establishment like Dangote Refinery, which provides essential services to the public.
“Based on the provisions of the Trade Union Act as amended in 2005 and the Trade Dispute Act, together with all other acts that make provision for essential services, certain industries are excluded from the politics of trade unionism.
“By provisions of the Trade Union Act, particularly sections 6 and 31 (which deal with essential services), which outlaw certain illegalities under trade unionism; Dangote Refinery has every right not to recognize union activities that would hamper its provision of essential services to the Nigerian public,” he said.
On his part, Barrister Joseph Chinedu maintained that it would be “outrightly illegal” for NUPENG to block non-union workers like Dangote truckers from loading and distributing fuel.
“The law is clear. Workers have a right to unionize or to remain non-union members. Employers cannot coerce employees regarding union membership, and Trade Unions or NUPENG cannot stop non-union members from working,” he told Naijaonpoint.
Senior Advocate of Nigeria George Ibrahim told Naijaonpoint that freedom of association is guaranteed by Section 40 of the 1999 Constitution.
“Every Nigerian has the right to freely join any association of their choice. You don’t force it on anybody,” he said.
“The terms of employment the drivers entered with Dangote Refinery remain unchanged( as none has deviated) and they have not complained,” he stated.
“That in itself is illegal. You can’t force people to join you. NUPENG is not the owner of the Dangote trucks,” he said.
He added that if Dangote truck drivers do not want to be members of NUPENG, they have such constitutional rights.
He added that if Dangote truck drivers do not want to be members of NUPENG, they have such constitutional rights.
In an exclusive chat with Naijaonpoint, Chief Otunba Tunde Falola Esq, an Abuja-based legal practitioner, highlighted the applicable laws in the NUPENG and Dangote Refinery dispute:
“1999 Constitution of the Federal Republic of Nigeria (as amended). Section 40 guarantees the right to freedom of association, including trade union membership.
“ Section 17(3)(a) directs the State to ensure opportunities for all citizens to secure adequate livelihood, including fair labor practices.
“ Trade Unions Act, Cap T14, LFN 2004, recognizes registered trade unions such as NUPENG and protects their activities.
“By virtue of Section 9(6)(a) of the Labour Act, no contract shall make it a condition of employment that a worker shall or shall not join a trade union or relinquish membership of a trade union. Section 9(6)(b) protects employees from victimization for belonging to a union.
“Federal Competition and Consumer Protection Act (FCCPA) 2019 prohibits restrictive trade practices and monopolistic behaviour, empowering the FCCPC to investigate and sanction violations.”
The lawyer added that the National Industrial Court of Nigeria (NICN) has consistently upheld workers’ rights to unionize and participate in trade union activities.
He added, however, that the FCCPC may need to monitor compliance to prevent market dominance abuses.
He warned that if allegations of anti-unionism are true, Dangote Refinery risks liability for infringing workers’ constitutional and statutory rights to freedom of association, unionism, and fair labor practices.
He added that monopoly claims against Dangote Refinery are presently unsupported by law, as the FCCPC recognizes multiple licenses and players in the downstream oil sector.
“Workers should be allowed to exercise union rights without harassment or intimidation, in line with constitutional guarantees,” he said.
On his part, Chris Ekemezie, a Nigerian lawyer based in Canada, said labor law is practiced everywhere in Nigeria, adding that the federal civil service and the states are all unionized.
“The industrial courts were created based on union agitations. It is a pressure group where workers unite for a common goal — to advocate for their interests so that employers do not cheat them,” he added.
In a press statement on Saturday, Dangote Refinery emphasized that it is not opposed to unionism and recognizes workers’ rights to unionize.
The Group added that it respects the rights of all workers to either join or not join a union, in line with the principles 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 statement partly reads.
Naijaonpoint previously reported that NUPENG recently alleged that, days after agreeing to suspend its nationwide strike, Dangote Refinery drivers were instructed to remove union stickers from their trucks and were forced to load the facility, violating agreed protocols.
In response, NUPENG placed members on red alert and called on the Federal Government, civil society, and international labor groups to safeguard workers’ rights.
Dangote Petroleum Refinery rejected claims of being monopolistic, saying over 30 refinery licenses have been issued to other private players, with active developments by BUA, Aradel, and Walter Smith.