The Nigeria Union of Petroleum and Natural Gas Workers, NUPENG, has declared that no democracy can thrive where workers’ voices are suppressed, warning that attempts to undermine trade union rights in the nation’s oil and gas industry are unconstitutional and unacceptable.

The union made the declaration in a memorandum to the House of Representatives Committee on Petroleum Resources (Downstream) during the Annual Downstream Petroleum Week Conference at the National Assembly Complex, Abuja.

Presenting the Union’s position, its General Secretary, Afolabi Olawale, NUPENG reminded lawmakers that Nigeria’s democracy was partly achieved through the historic struggles of trade unions such as NUPENG and the Petroleum and Natural Gas Senior Staff Association of Nigeria, PENGASSAN, against military dictatorship.

It warned that the same democratic values must now be used to protect the rights of workers who sustain the nation’s energy sector.

“Let it not be forgotten that NUPENG and PENGASSAN played a historic role in restoring Nigeria’s democracy. That same democratic spirit must now protect the rights of workers who keep the nation’s energy sector alive,” the union told the lawmakers.

NUPENG particularly expressed concern over what it described as an emerging anti-union posture at the Dangote Refinery and Petrochemical Company, following the refinery’s recent declaration that no trade union would be allowed to organize newly recruited drivers for its Compressed Natural Gas, CNG-powered trucks.

According to the union, such a policy violates both Section 40 of the 1999 Constitution (as amended) and international labour conventions ratified by Nigeria, especially ILO Conventions 87 and 98, which guarantee workers’ rights to freely associate and bargain collectively. “We commend Alhaji Aliko Dangote for his patriotic investment in the refinery. But we strongly reject any attempt to prohibit unionization. No business, no matter how strategic, can operate outside the bounds of the law.

“What would happen to thousands of existing truck drivers and NUPENG members who have served the industry for decades, warning that energy transition must not become an excuse for excluding workers from the benefits of industrial growth. “Energy transition must promote fairness and inclusive growth. It cannot and must not exclude workers,” the statement stressed.

The union also called on the National Assembly to repeal the Petroleum Production and Distribution (Anti-Sabotage) Act, describing it as a “draconian” piece of legislation that criminalizes legitimate industrial actions and threatens the right to peaceful protest.

According to NUPENG, “the continued existence of such laws undermines industrial democracy and creates an atmosphere of fear among workers in a supposedly democratic society.

“Retaining this Act is dangerous to democracy. It treats peaceful protest and strike action as sabotage and must therefore be abrogated.”

In its submission, NUPENG demanded immediate recognition of both NUPENG and PENGASSAN as the only statutory unions for junior and senior oil and gas workers, stressing that such recognition must be a precondition for operational licensing within the sector.

The union urged lawmakers to strengthen existing laws to enforce workers’ rights as recognised in the 1999 Constitution, the Trade Unions Act, and judicial precedents such as Nestoil PLC v. NUPENG (2012) and Executive Chairman, SUBEB v. NASU (2021) — which affirmed that union recognition is automatic unless a worker formally opts out.

NUPENG further urged the federal government and legislators to enforce the International Labour Organization’s (ILO) Decent Work Agenda, compelling all employers and contractors in the oil and gas sector to comply with fundamental principles covering collective bargaining, minimum wages, social security, and safe working conditions. “Compliance with these standards must be a precondition for the operation of any company within Nigeria’s oil and gas industry,” the union emphasised.

The Union reaffirmed its unwavering commitment to defending the rights of Nigerian workers, stressing that democracy without social justice and labour freedom is hollow.

It added “You cannot silence labour in a democracy. Our voices are the conscience of the nation, and we will continue to speak for fairness, equity, and justice in the oil and gas sector.” (Vanguard)

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