The National Industrial Court, Abuja, has approved an interim injunction restraining the Nigeria Union of Petroleum and Natural Gas Workers (NUPENG) and the Direct Trucking Company Drivers Association from embarking on any industrial action or compelling other truck drivers to join.
The court also restrained NUPENG and others from blocking Nigerian roads or frustrating or shutting down the operations of Dangote Refinery, MRS Oil Nigeria Limited, and MRS Oil and Gas Company Limited.
Justice E.D. Subilim delivered the ruling on Wednesday following a motion ex parte filed by the refinery’s lawyer, George Ibrahim SAN.
The judge was satisfied that irreparable damage could be caused to the Dangote Refinery if the necessary orders were not granted.
Legal Developments
Ibrahim approached the court with a Motion Ex Parte filed along with the originating processes and a Motion on Notice, all dated and filed 15/09/2025.
- He partly sought an order of interim injunction restraining NUPENG, its members, agents, servants, privies, representatives, assigns, or whatsoever and howsoever called from embarking on any industrial action or compelling the Drivers Association and its members to join any industrial action orchestrated by NUPENG, with a view to crippling, shutting down operations, or frustrating the business activities of his clients pending the hearing and determination of the Motion on Notice.
- He also sought an interim injunction restraining the Drivers Association, its members, agents, servants, privies, representatives, assigns, or whatsoever and howsoever called from joining, continuing, further embarking on, or in any manner participating in the planned industrial action declared by NUPENG or any other strike against the Refinery and MRS, with a view to frustrating their businesses and operations pending the hearing and determination of the Motion on Notice.
- The senior lawyer also asked the court to direct the Drivers Association and its members to continue petroleum trucking services to the Refinery, MRS, and the Nigerian public pending the determination of the Motion on Notice.
- He argued that the actions of NUPENG contravene Section 40 of the 1999 Constitution, which deals with the fundamental right to freedom of peaceful assembly and association, as well as Section 12(4) of the Trade Union Act.
He further maintained that the court has jurisdiction to intervene in the dispute between the Refinery and NUPENG and the other truck drivers association.
In an affidavit deposed by Ahmed Hashem, the Group General Manager, Government and Strategic Relations of the Refinery, the applicants gave an undertaking as to damages if the court eventually determines that the restraining request ought not to be granted.
What the Court Said
After hearing George Ibrahim SAN, Justice Subilim held that “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), that irreparable damage may be occasioned if the necessary orders are not granted, and that the Applicants have given an undertaking as to damages,” NUPENG ought to be restrained.
The judge subsequently ordered:
“An interim injunction is hereby granted restraining the 1st Defendant/Respondent (NUPENG), whether by itself, its members, agents, servants, privies, representatives, assigns, or whatsoever and howsoever called, from embarking on or proceeding with any industrial action or compelling the 2nd Defendant/Respondent and its members to join any industrial action orchestrated by the 1st Defendant/Respondent with a view to crippling, blocking roads, or obstructing the flow of vehicular movement, shutting down operations, or frustrating the business activities of the Claimants/Applicants pending the hearing and determination of the Motion on Notice.
“An Interim injunction is hereby granted restraining the 2nd Defendant/Respondent, its members, agents, servants, privies, representatives, assigns, or whatsoever and howsoever called from joining, continuing, further embarking on, or in any manner participating in the planned industrial action declared by the Defendant/Respondent or any other strike whatsoever against the Claimants/Applicants with a view to frustrating their businesses and operations pending the hearing and determination of the Motion on Notice.”
The judge highlighted that these restraining orders shall last for a period of 7 days.
- The judge also directed the Applicants to serve the Respondents with the Motion on Notice and all accompanying processes in this suit within 7 days from the date of this order.
Meanwhile, the judge observed that the period for the court to act as judge during the court’s ongoing vacation elapses on 23/09/2025.
- The judge consequently ordered the remitting of the case file to the President, National Industrial Court of Nigeria, for reassignment to another judge who will hear and determine the Motion on Notice and the substantive case on the merits.
Backstory
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.
The Refinery highlighted that it respects the rights of all its employees to a safe, peaceful, and secure environment, free from threats to their personal well-being and source of income.
The Refinery urged the unions to respect these principles for peaceful industrial relations in the oil and gas industry.
Nairametrics 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.
The union said the incident came after a resolution on workers’ rights was signed in the presence of three federal ministers and the Deputy Director General of the Department of State Services (DSS).
The union also claimed that Dangote Group official Alhaji Sayyu Aliu Dantata flew over the site by helicopter and summoned the Navy, allegedly to intimidate union officials.
In response, NUPENG placed members on red alert and called on the Federal Government, civil society, and international labor groups to safeguard workers’ rights.
The ongoing dispute between the Nigeria Union of Petroleum and Natural Gas Workers (NUPENG) and Dangote Petroleum Refinery drew diverse legal opinions from lawyers across Nigeria regarding the legality and limits of company workers joining a union.
Some argued that employee contract terms forbidding unionism should be respected by employees and third-party organizations.
Others believed that the 1999 Constitutional provision on freedom of association is binding on all persons and companies.
