Court Bars NUPENG Strike Action at Dangote Refinery

In a significant development for Nigeria’s oil and gas sector, the National Industrial Court in Abuja has taken urgent action to halt a looming industrial crisis. On Wednesday, the court issued an interim injunction preventing the National Union of Petroleum and Natural Gas Workers (NUPENG) and the Direct Trucking Company Drivers Association from launching or enforcing any strike actions—including compelling other truck drivers to participate. This decision comes amid growing labour tensions within the energy sector, potentially impacting operations at some of the country’s largest refineries.

According to the court’s order, both NUPENG and associated parties are barred, for the time being, from blocking highways, disrupting petroleum transportation, or attempting to shut down the activities of Dangote Refinery, MRS Oil Nigeria Limited, and MRS Oil and Gas Company Limited. The move reflects the high stakes of continued fuel supply and distribution—key concerns not only for Nigerian consumers and businesses but for the broader West African subregion relying on Nigerian petroleum products.

Justice Emmanuel Subilim, presiding over the matter, delivered the ruling after considering an urgent submission by Dangote Refinery’s legal counsel, George Ibrahim (SAN). The judge underscored that the stakes were too high to risk inaction, noting the potential for “irreparable damage” to the refinery if necessary protections weren’t granted immediately. As reported by TheCable and confirmed by court documents, the refinery’s legal team submitted its case via an ex parte motion, emphasizing the need for swift intervention.

This legal dispute has roots in rising tensions that began earlier in September. According to court records and media reports, Mr. Ibrahim, representing Dangote Refinery, filed a motion supported by written statements and a formal notification on September 15, seeking interim relief while a broader hearing is prepared.

On the company’s behalf, Ahmed Hashem, the Group General Manager for Government and Strategic Relations at Dangote Refinery, filed a supporting affidavit, pledging that the refinery would cover any damages should the court later overturn the injunction. This good faith gesture is typical in injunction proceedings and signals willingness to comply with further court directions.

After thoroughly reviewing the submissions, Justice Subilim issued a temporary injunction effective for seven days, emphasizing that a “serious issue to be tried” exists and that the “balance of convenience” favours Dangote Refinery and the other claimants. He directed that NUPENG and its affiliates should continue delivering petroleum trucking services throughout the period, thus averting an immediate disruption in supply. According to the judgement, these orders are intended to maintain stability while the deeper legal questions are examined during the pending proceedings.

“This court, having satisfied itself that there is a serious issue to be tried, that the balance of convenience tilts in favour of the Applicants (Dangote Refinery), and that irreparable damage may be occasioned if the necessary orders are not granted, hereby grants this interim injunction,” the judgement read in part. The GGM’s pledge to pay damages, if so ordered, was noted as a factor in the court’s approval of interim relief.

Justice Subilim further ordered Dangote Refinery to serve NUPENG with all legal documents relating to this motion within seven days. Importantly, the case will be transferred to a different judge after September 23, following the conclusion of the court’s current vacation period, reinforcing the commitment to process transparency and judicial impartiality.

The interim injunction specifically restrains NUPENG and its members, whether acting directly or through agents, from undertaking or calling for industrial action, or any strike that could disrupt or hinder the businesses and operations of Dangote Refinery, MRS Oil Nigeria Limited, and MRS Oil and Gas Company Limited, until the next court hearing. This includes attempts to force non-member truck drivers to join any industrial action, according to court documents seen by reporters.

Tensions soared earlier in September after NUPENG threatened a nationwide strike beginning September 8, citing alleged anti-union practices. At the centre of the dispute was Dangote Refinery’s deployment of new Compressed Natural Gas (CNG) trucks for direct petroleum product distribution. Union leaders argued that these measures undermined established agreements and worker rights. The situation drew broad backing from major national bodies, including the Nigeria Labour Congress (NLC) and Nigerian Association of Road Transport Owners (NARTO), who accused business leaders such as Aliko Dangote and MRS founder Sayyu Dantata of attempting to dominate the downstream sector while suppressing organised labour.

However, the immediate threat of strike action was suspended on September 9, after management at Dangote Refinery agreed to recognize workers’ rights to union membership and organization. This truce was brokered through high-level negotiations involving the State Security Service (SSS), Minister of Finance Wale Edun, and a coalition of stakeholders—a move widely welcomed by consumers and industry leaders eager to see fuel supply chains stabilized.

Despite the temporary settlement, allegations of non-compliance resurfaced shortly thereafter. On September 11, NUPENG claimed that Sayyu Dantata violated the agreement, alleging he ordered unionized truck drivers to remove identifying stickers from their vehicles and later forced them to access the Dangote Refinery, reportedly breaching established union loading protocols. According to the union, Mr. Dantata even flew over the incident scene in a helicopter and summoned naval authorities—moves the union interpreted as aggressive attempts to intimidate official representatives and disrupt lawful union activities.

NUPENG officials released a public statement condemning these actions, describing them as hostile both to Nigerian institutions and the existing legal framework safeguarding workers’ rights. The union warned it had placed its nationwide membership on “red alert,” signalling readiness to resume the previously suspended strike unless its grievances were fully addressed. As of press time, these allegations by NUPENG have not been independently confirmed; efforts to reach Mr. Dantata and company representatives for comment were ongoing.

This high-profile legal conflict shines a spotlight on Nigeria’s ongoing labour relations challenges within the vital oil and gas sector. Whenever strikes or disruptions occur, the consequences ripple far beyond refinery gates, often leading to fuel queues at petrol stations, price hikes, and frustrations for citizens and businesses alike. For West Africa, where Nigeria is a leading petroleum supplier, such developments have regional implications, threatening cross-border trade and energy security.

Lagos-based energy analyst Tunde Ajayi noted, “Stable labour relations are essential for the Nigerian economy—any protracted dispute can impact not just the downstream supply but the broader business environment.” He emphasized the need for swift, fair resolution through established legal and industrial frameworks, highlighting lessons learned from previous disruptions that saw cascading effects throughout West African markets.

Looking at the regional picture, strikes in Nigeria’s oil sector often cause anxiety in neighbouring countries dependent on imports, including Ghana, Benin, and Togo. Policies and decisions taken in Abuja can therefore have a domino effect across the region, underscoring the urgency of balanced solutions that account for both economic stability and the rights of workers.

From a legal standpoint, employment law specialist Barrister Ngozi Ogbechie explained, “Interim injunctions like those granted here are emergency measures. They preserve the status quo so that the courts can properly evaluate the substantive issues without external pressure or irreparable harm.” She added that both companies and unions are required to follow due process, and that respectful negotiation is key to averting crises that impact millions of Nigerians.

For consumers in Nigeria and across West Africa, the outcome of this legal battle—and the underlying labour issues—will be felt at fuel pumps, in public transport fares, and in the general pace of economic recovery. The coming weeks will see further hearings, reactions from stakeholders, and, hopefully, progress toward a sustainable resolution. Whether courts, companies, and unions can strike a lasting balance remains to be seen, but the importance of dialogue and legal due process cannot be overstated in securing the interests of all parties.

How do you think legal interventions like this can shape Nigeria’s crucial oil sector and protect everyday citizens from recurring disruptions? Share your thoughts below, and don’t forget to follow us for further updates as the story unfolds.

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