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Court Slams Brake On NUPENG, Tanker Drivers’ Strike Against Dangote Refinery

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The National Industrial Court in Abuja has granted an interim injunction stopping the Nigeria Union of Petroleum and Natural Gas Workers (NUPENG) and the Direct Trucking Company Drivers Association from embarking on strike action or coercing other drivers to participate.....KINDLY READ THE FULL STORY HERE▶

Delivering a ruling on a motion ex parte filed by Dangote Refinery’s counsel, George Ibrahim (SAN), Justice E.D. Subilim, on Wednesday, also restrained the unions from blocking roads, disrupting, or halting the operations of Dangote Refinery, MRS Oil Nigeria Plc, and MRS Oil and Gas Company Ltd.

Justice Subilim held that failure to grant the injunction could cause irreparable harm to Dangote Refinery. The orders, valid for seven days, remain in force pending the hearing of a motion on notice. He further directed that the respondents be served with all court processes within a week.

Since the court’s vacation jurisdiction expires on September 23, the judge ordered the case file to be reassigned by the President of the National Industrial Court to another judge to hear the substantive matter.

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Dangote’s counsel had asked the court to bar NUPENG and the drivers’ association, their agents, and representatives from any act that could cripple refinery operations. He also requested an order mandating the drivers to maintain petroleum trucking services to the refinery, MRS, and the wider public until the substantive motion is heard.

Ibrahim argued that the planned strike would contravene Section 40 of the 1999 Constitution and Section 12(4) of the Trade Union Act, stressing that the court had the jurisdiction to intervene.

In an affidavit supporting the application, Ahmed Hashem, Group General Manager for Government and Strategic Relations at the refinery, pledged that the refinery would pay damages should it be later established that the injunction was wrongly issued.

After reviewing submissions, Justice Subilim noted that the matter raised “a serious issue to be tried,” emphasizing that the balance of convenience favored the refinery and that potential damage justified the restraining order.

The judge ruled: “NUPENG is restrained from initiating or compelling the Drivers Association to participate in any strike aimed at crippling refinery operations. The Drivers Association is barred from joining or continuing with any planned industrial action against the refinery or its affiliates. Both unions must ensure petroleum trucking services continue, maintaining steady supply until the substantive case is heard.”

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In a statement issued earlier, Dangote Petroleum Refinery maintained that it is not opposed to unionism and fully recognizes workers’ rights to join or abstain from joining unions in line with the principle of voluntarism.

“While we are committed to protecting the rights of workers who choose to join unions, we are equally obliged to safeguard the rights of those who opt not to,” the refinery said, urging unions to respect these rights to maintain peace in the oil and gas industry.

The company also rejected monopoly allegations, pointing out that over 30 refinery licences had been issued to private operators such as BUA, Aradel, and Waltersmith, who are already developing their facilities.

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