The ongoing dispute between the Nigeria Union of Petroleum and Natural Gas Workers (NUPENG) and Dangote Petroleum Refinery has sparked a wide-ranging debate among legal experts on workers’ rights to unionize and the limits of employer authority. The controversy highlights the tension between constitutional protections for freedom of association and company-imposed employment conditions.
Some legal experts argue that employment contracts that restrict union membership should be upheld, while others emphasize that Section 40 of the 1999 Constitution guarantees freedom of association, which binds all individuals and companies in Nigeria.
Legal Perspectives
In an interview with Nairametrics, Abuja-based human rights lawyer Barrister Frank Tietie said the Constitution allows workers to form unions, but if employment terms explicitly prohibit union recognition, employees who accept those terms cannot later demand union rights.
“The same freedom to associate gives the freedom not to associate. So, the bottom line is that unionism is not by force,” Tietie said. He added that individuals who disagree with such employment conditions should resign rather than insist on forming a union contrary to their contract. Tietie also highlighted that certain industries in Nigeria restrict union activities in order to maintain essential public services.
“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,” he said. “Dangote Refinery has every right not to recognize union activities that would hamper its provision of essential services to the Nigerian public.”
Barrister Joseph Chinedu, however, emphasized that NUPENG cannot legally block non-union employees, such as truck drivers, from carrying out their duties.
“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 Nairametrics.
Senior Advocate of Nigeria George Ibrahim underscored that freedom of association is constitutionally guaranteed.
“Every Nigerian has the right to freely join any association of their choice. You don’t force it on anybody,” he said. Ibrahim cautioned that attempts to compel Dangote drivers to join a union or seize trucks for union use would be illegal. “NUPENG is not the owner of the Dangote trucks,” he added, while noting that international labor standards discourage clauses in employment contracts that bar union membership.
Chief Otunba Tunde Falola, an Abuja-based lawyer, highlighted the statutory framework governing the dispute, citing:
- Section 40 of the 1999 Constitution (freedom of association)
- Section 17(3)(a) (State’s duty to ensure fair labor practices)
- Trade Unions Act, Cap T14, LFN 2004
- Labour Act, Section 9(6)(a) and (b) (protection from coercion or victimization)
- Federal Competition and Consumer Protection Act (FCCPA) 2019
Falola emphasized that if Dangote directed drivers to remove NUPENG stickers or prevent union activity, such actions could constitute union-busting, violating both constitutional and statutory protections. He noted that while NUPENG’s “red alert” appears lawful, any escalation into strikes must comply with due notice requirements.
Chris Ekemezie, a Nigerian labor lawyer based in Canada, also weighed in, noting that unionism is globally recognized and legally entrenched in Nigeria. “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 said.
Employer Response
Dangote Petroleum Refinery stated in a press release that it respects workers’ rights to join or not join a union and supports voluntarism in union membership.
“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 said. The refinery emphasized that it ensures a safe, secure, and peaceful working environment and urged unions to respect these principles.
The dispute escalated after NUPENG claimed that Dangote drivers were instructed to remove union stickers and forced to load the refinery despite a prior resolution signed in the presence of federal ministers and the Deputy Director General of the Department of State Services (DSS). NUPENG also alleged intimidation tactics, including a flyover by a Dangote Group official and a Navy presence.
Dangote rejected claims of monopolistic practices, noting that over 30 refinery licenses have been issued to other private players, including BUA, Aradel, and Walter Smith.
