Human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has condemned the agreement reached between the Federal Government, the Nigeria Union of Petroleum and Natural Gas Workers (NUPENG) and the management of Dangote Refinery and Petrochemicals.

He insisted that the deal, which involves the unionisation of Dangote’s staff, contradicts existing labour laws.

Falana shared his reservations while presenting a paper titled ‘Automatic Membership of Trade Unions for Workers’ at a national webinar on ‘Abuse of Market Dominance and Unfair Labour Practices’ organised by the Federal Competition and Consumer Protection Commission (FCCPC) in collaboration with the Faculty of Law, University of Lagos.

Naijaonpoint reports that the webinar was convened in the wake of a strike action recently embarked upon by NUPENG, following allegations that Dangote Refinery compelled newly recruited drivers to sign undertakings not to join any existing oil and gas union.

The strike was later suspended after the State Security Service brokered a truce.

According to the resolution, unionisation would be allowed “for employees who are willing to unionise” within two weeks, and the company would not create a rival union.

But Falana, in his paper, argued that this arrangement was inconsistent with the Trade Union Act.

“As far as the law is concerned, employees of Dangote Refinery and Petrochemicals are deemed to be members of NUPENG. The question of allowing only those willing to unionise to do so within two weeks is completely at variance with the Trade Union Act,” he said.

Falana cited multiple judicial authorities, including Nestoil v NUPENG (2012) and Eyiaromi Oladele v Attorney General, Lagos State (2017), to establish that junior workers are presumed to be automatic members of trade unions unless they formally opt out in writing. Senior staff, however, must expressly opt in.

He further maintained that employers lack the legal authority to interfere in the internal affairs of trade unions or determine membership procedures.