FALANA FAULTS DANGOTE REFINERY OVER WORKERS’ UNION RIGHTS, BACKS AUTOMATIC MEMBERSHIP FOR JUNIOR STAFF
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By Sunmisola Shodayo
Human rights attorney and Senior Advocate of Nigeria (SAN), Femi Falana, has criticized the accord established between the Federal Government, the Nigeria Union of Petroleum and Natural Gas Workers (NUPENG), and the administration of Dangote Refinery and Petrochemicals regarding the unionization of its personnel, asserting that the agreement contravenes prevailing labor regulations.
Falana articulated this stance while delivering a presentation titled “Automatic Membership of Trade Unions for Workers” during a national webinar on Abuse of Market Dominance and Unfair Labor Practices, organized by the Federal Competition and Consumer Protection Commission (FCCPC) in collaboration with the Faculty of Law, University of Lagos, on Monday, September 15, 2025.
The webinar was convened following a strike action recently undertaken by NUPENG, prompted by allegations that Dangote Refinery obliged newly hired drivers to sign agreements refraining them from joining any existing oil and gas union. The strike was subsequently suspended after a compromise was reached through the State Security Service.
According to the resolution, unionization would be permitted “for employees who are willing to unionize” within a two-week period, and the company would refrain from establishing a competing union. However, Falana, in his presentation, contended that this arrangement was inconsistent with the Trade Union Act.
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“As far as the law is concerned, employees of Dangote Refinery and Petrochemicals are deemed to be members of NUPENG. The question of allowing only those willing to unionise to do so within two weeks is completely at variance with the Trade Union Act,” he stated.
Falana referenced various judicial precedents, including Nestoil v NUPENG (2012) and Eyiaromi Oladele v Attorney General, Lagos State (2017), to demonstrate that junior employees are presumed to be automatic members of trade unions unless they formally withdraw in writing. Conversely, senior staff must expressly opt in.
He further asserted that employers lack the legal jurisdiction to intervene in the internal matters of trade unions or dictate membership protocols. He cited prior judgments from the National Industrial Court (NIC) and Court of Appeal, which affirmed that once a trade union is appropriately registered, employers are obliged to acknowledge it, grant unhindered access to employees, and remit check-off dues.
Falana also contested the assertion that mandatory membership for junior workers is unconstitutional, noting that professions such as law and medicine already function under analogous frameworks where new entrants automatically become members of their respective associations.
In response to claims that powerful unions disrupt free-market principles, he countered that strong trade unionism flourishes in advanced capitalist nations such as the United Kingdom, United States, and Japan. He added that multinational corporations, including Nigeria LNG Limited, recognize both NUPENG and the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) without compromising their operations.
He concluded by urging vigilance from both NUPENG and PENGASSAN, emphasizing that union rights are fundamental under the Nigerian Constitution, the Trade Union Act, and international labor agreements.
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