The National Industrial Court in Abuja has granted an interim injunction restraining the Nigeria Union of Petroleum and Natural Gas Workers and the Direct Trucking Company Drivers Association from embarking on industrial action or compelling other truck drivers to join.

Justice E.D. Subilim, ruling on Wednesday, also restrained the unions from blocking Nigerian roads, frustrating, or shutting down the operations of Dangote Refinery, MRS Oil Nigeria Plc, and MRS Oil and Gas Company Ltd.

The decision followed a motion ex parte filed by the refinery’s counsel, George Ibrahim (SAN).

The judge held that irreparable damage could be caused to the Dangote Refinery if the orders were not granted. The restraining orders, which will last seven days, are to subsist pending the hearing and determination of a motion on notice.

Justice Subilim further directed that the respondents be served with the motion on notice and all accompanying processes within seven days.

He added that since the court’s vacation jurisdiction lapses on September 23, the case file should be remitted to the President of the National Industrial Court for reassignment to another judge who will hear the substantive matter.

Dangote’s lawyer, Ibrahim, approached the court and sought orders restraining NUPENG and the drivers’ association, their members, agents, and representatives from engaging in industrial action aimed at crippling refinery operations.

He further asked the court to compel the drivers 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 unions’ actions contravened Section 40 of the 1999 Constitution, which guarantees freedom of association, and Section 12(4) of the Trade Union Act. He maintained that the court had jurisdiction to intervene in the dispute.

An affidavit in support of the application, deposed to by Ahmed Hashem, Group General Manager for Government and Strategic Relations at the refinery, contained an undertaking to pay damages if it is later determined that the injunction was wrongly granted.

Justice Subilim, after considering the submissions, held that there was a serious issue to be tried, that the balance of convenience was in favour of the refinery, and that irreparable damage could result if the orders were not made.

Accordingly, the judge ordered that both NUPENG and the Drivers Association be restrained from embarking on or joining any strike action aimed at obstructing the operations of Dangote Refinery, MRS Oil Nigeria Plc, or MRS Oil and Gas Company Ltd, pending further hearing.

Justice Sublim held, “NPENG must refrain from initiating or compelling the Drivers Association to participate in any strike designed to cripple or frustrate the refinery’s operations.

“The Drivers Association is restrained from joining or continuing with any planned industrial action against the refinery or its affiliates.

“Both unions must maintain petroleum trucking services to ensure a steady supply pending the hearing of the substantive case.”

Recall that Dangote Petroleum Refinery, in a statement issued on Saturday, had stated that it is not opposed to unionism and recognises workers’ rights to join unions in line with the principle of voluntarism.

The refinery maintained that it respects the rights of workers to either join or not join a union, while also ensuring a safe and secure workplace free from threats to employees’ well-being and livelihoods.

“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 company urged NUPENG and other unions to respect these principles to maintain industrial peace in the oil and gas sector.

The refinery also dismissed claims of being monopolistic, noting that over 30 refinery licences have been issued to other private players, including BUA, Aradel, and Waltersmith, who are actively developing their facilities.

Meanwhile, NUPENG had alleged that shortly after suspending its nationwide strike, Dangote Refinery drivers were instructed to remove union stickers from their trucks and forced to resume loading operations in violation of agreed protocols.

The union said this happened despite a resolution on workers’ rights that was signed in the presence of three federal ministers and a deputy director-general of the Department of State Services.

It also accused a Dangote Group official, Alhaji Sayyu Dantata, of flying over the refinery by helicopter and summoning the Navy in a move it claimed was intended to intimidate union officials.

In response, NUPENG placed its members on red alert and called on the Federal Government, civil society organisations, and international labour groups to intervene and safeguard workers’ rights.

The Dangote Refinery, Africa’s largest oil refinery, commissioned in 2023, is expected to reduce Nigeria’s dependence on imported refined petroleum products and stabilise domestic supply.

However, industrial relations around the refinery have been tense in recent months, with unions accusing management of anti-labour practices, while the refinery insists it is protecting workers’ rights to voluntary union membership. (PUNCH)