Falana Blasts FG, NUPENG & Dangote Over Controversial Union Deal

Human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has strongly criticised 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.

According to him, the deal, which provides for the unionisation of Dangote staff, runs contrary to established labour laws.

Falana expressed his concerns while delivering 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.

The webinar followed the recent strike action embarked upon by NUPENG, after allegations surfaced that Dangote Refinery compelled newly recruited drivers to sign undertakings not to join existing oil and gas unions. The strike was suspended when the State Security Service intervened to broker peace.

As part of the resolution, it was agreed that workers willing to unionise would be allowed to do so within two weeks, and that the company would not create a rival union.

But Falana insisted that such an arrangement violates the Trade Union Act.

He said:

“As far as the law is concerned, employees of Dangote Refinery and Petrochemicals are deemed to be members of NUPENG. The idea of allowing only those ‘willing to unionise’ within two weeks is completely inconsistent with the Trade Union Act.”

Falana backed his argument by citing judicial precedents, including Nestoil v NUPENG (2012) and Eyiaromi Oladele v Attorney General, Lagos State (2017), which establish that junior employees are presumed to be automatic members of trade unions unless they formally opt out in writing, while senior staff must expressly opt in.

He stressed that employers have no legal authority to interfere in the internal affairs of trade unions or determine the membership process.