Falana faults Dangote Refinery over workers’ union rights, backs automatic membership for junior staff

LAGOS — Human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has faulted the statement reached betwixt the Federal Government, the Nigeria Union of Petroleum and Natural Gas Workers (NUPENG), and the absorption of Dangote Refinery and Petrochemicals implicit the unionisation of its staff, insisting that the woody contradicts existing labour laws.

Falana made this presumption known portion presenting a insubstantial titled “Automatic Membership of Trade Unions for Workers” astatine a nationalist webinar connected Abuse of Market Dominance and Unfair Labour Practices organised by the Federal Competition and Consumer Protection Commission (FCCPC) successful collaboration with the Faculty of Law, University of Lagos, connected Monday, September 15, 2025.

The webinar was convened successful the aftermath of a onslaught enactment precocious embarked upon by NUPENG, pursuing allegations that Dangote Refinery compelled recently recruited drivers to motion undertakings not to articulation immoderate existing lipid and state union. The onslaught was aboriginal suspended aft the State Security Service brokered a truce.

According to the resolution, unionisation would beryllium allowed “for employees who are consenting to unionise” wrong 2 weeks, and the institution would not make a rival union. But Falana, successful his paper, argued that this statement was inconsistent with the Trade Union Act.

“As acold arsenic the instrumentality is concerned, employees of Dangote Refinery and Petrochemicals are deemed to beryllium members of NUPENG. The question of allowing lone those consenting to unionise to bash truthful wrong 2 weeks is wholly astatine variance with the Trade Union Act,” helium said.

Falana cited aggregate judicial authorities, including Nestoil v NUPENG (2012) and Eyiaromi Oladele v Attorney General, Lagos State (2017), to found that inferior workers are presumed to beryllium automatic members of commercialized unions unless they formally opt retired successful writing. Senior staff, however, indispensable expressly opt in.

He further maintained that employers deficiency the ineligible authorization to interfere successful the interior affairs of commercialized unions oregon find rank procedures. He referenced past rulings of the National Industrial Court (NIC) and Court of Appeal affirming that erstwhile a commercialized national is duly registered, employers are duty-bound to recognise it, let unrestrained entree to workers, and remit check-off dues.

Falana besides criticised the conception that compulsory rank for inferior workers is unconstitutional, noting that professions specified arsenic instrumentality and medicine already run nether akin structures wherever caller entrants automatically go members of their associations.

Responding to claims that almighty unions undermine free-market principles, helium countered that robust commercialized unionism exists successful precocious capitalist economies similar the United Kingdom, United States, and Japan. He added that multinational companies, including Nigeria LNG Limited, recognise some NUPENG and the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) without undermining their operations.

He concluded by urging vigilance from some NUPENG and PENGASSAN, stressing that national rights are cardinal nether the Nigerian Constitution, the Trade Union Act, and planetary labour conventions.

“Employers of labour indispensable beryllium restrained from interfering with unionisation successful immoderate mode whatsoever. Workers are deemed to beryllium members of their industry’s commercialized unions, and their lone prime is whether to opt out—not whether to join,” Falana declared.

The station Falana faults Dangote Refinery implicit workers’ national rights, backs automatic rank for inferior staff appeared archetypal connected Vanguard News.