Falana Slams Dangote Refinery Deal on Workers’ Union Rights, Calls It an ‘Affront to Labour Law’

Senior Advocate of Nigeria and human rights lawyer, Femi Falana, has strongly criticised the recent agreement between the Federal Government, the Nigeria Union of Petroleum and Natural Gas Workers (NUPENG), and Dangote Refinery, describing it as a violation of existing labour laws.

The deal followed a strike by NUPENG, which accused the refinery of forcing newly recruited drivers to sign undertakings not to join any existing oil and gas union. The strike was suspended after the State Security Service intervened and brokered a truce.

Under the resolution, workers “willing to unionise” would be allowed to do so within two weeks, while the refinery pledged not to create a rival union.

But speaking 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 University of Lagos Faculty of Law, Falana said the arrangement contradicts the Trade Union Act.

“As far as the law is concerned, employees of Dangote Refinery and Petrochemicals are deemed to be members of NUPENG. Allowing only those willing to unionise within two weeks is completely at variance with the Trade Union Act,” Falana said.

He cited judicial precedents, including Nestoil v NUPENG (2012) and Eyiaromi Oladele v Attorney General, Lagos State (2017), to emphasise that junior workers are automatically members of trade unions unless they formally opt out, while senior staff must expressly opt in.

Falana further argued that employers have no authority to determine union membership procedures or interfere in the internal affairs of trade unions. He pointed to rulings from the National Industrial Court and the Court of Appeal affirming that once a union is registered, employers must recognise it, allow it access to workers, and remit check-off dues.

Addressing claims that compulsory membership undermines free-market principles, Falana countered that strong unionism thrives in developed economies like the UK, US, and Japan. He also noted that multinational firms in Nigeria, such as Nigeria LNG Limited, recognise both NUPENG and PENGASSAN without undermining operations.

Falana concluded by urging vigilance from labour unions, stressing that union rights are enshrined in the Nigerian Constitution, the Trade Union Act, and international conventions.