The National Industrial Court, Abuja, on Wednesday approved an interim injunction restraining the Nigeria Union of Petroleum and Natural Gas Workers (NUPENG) and the Direct Trucking Company Drivers Association from embarking on any industrial action, compelling other truck drivers to join.
The court also restrained NUPENG and others from blocking Nigerian roads, or frustrating or shutting down the operations of Dangote Refinery, MRS Oil Nigeria Limited, and MRS Oil and Gas Company Limited.
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Justice Emmanuel Subilim delivered the ruling on Wednesday following a motion ex parte filed by the refinery’s lawyer, George Ibrahim Senior Advocate of Nigeria (SAN).
Granting the ex parte, according to a report by Thecable, the judge said irreparable damage” may be caused to Dangote refinery if the necessary orders were not granted.
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Mr Ibrahim approached the court with an ex parte motion filed alongside the originating processes and a motion on notice, dated and filed 15 September.
Prayer
He prayed the court to direct NUPENG and its members to continue petroleum trucking services to the refinery, MRS, and the Nigerian public pending the determination of the motion on notice.
In support of the motion, Ahmed Hashem, Group General Manager for Government and Strategic Relations at the refinery, deposed that the company would be willing to pay damages if the injunction were later overturned.
After reviewing the application, Justice Subilim ruled that the refinery had raised a “serious issue to be tried” and that the balance of convenience favored granting the restraining orders. He emphasised that the injunction would remain in force for seven days, pending further hearing.
“This court, having satisfied itself that there is a serious issue to be tried, that the balance of convenience tilts in favour of the Applicants (Dangote Refinery), that irreparable damage may be occasioned if the necessary orders are not granted, and that the Applicants have given an undertaking as to damages.”
The judge also directed Dangote Refinery to serve NUPENG with the motion on notice and all accompanying documents within seven days. He ordered that the case be reassigned to another judge after 23 September, when the court’s vacation authority expires.
“An interim injunction is hereby granted restraining the 2nd Defendant/Respondent, its members, agents, servants, privies, representatives, assigns, or whatsoever and howsoever called from joining, continuing, further embarking on, or in any manner participating in the planned industrial action declared by the Defendant/Respondent or any other strike whatsoever against the Claimants/Applicants with a view to frustrating their businesses and operations pending the hearing and determination of the Motion on Notice,” Justice Subilim said in his ruling.
Dangote Vs NUPENG crisis
On 5 September, NUPENG threatened to commence a nationwide strike from Monday, 8 September over alleged anti-union practices linked to the deployment of Dangote Refinery’s newly imported Compressed Natural Gas (CNG) trucks for direct distribution of petroleum products.
NUPENG, backed by the Nigerian Labour Congress (NLC) and the Nigerian Association of Road Transport Owners (NARTO), also accused Aliko Dangote and Sayyu Dantata, the founder of MRS Oil, of trying to monopolise the downstream oil and gas distribution while suppressing workers’ rights.
The strike, however, was suspended on 9 September after the refinery management agreed to recognise workers’ rights to unionise in a deal brokered by the State Security Service (SSS), Finance Minister Wale Edun, and other stakeholders.
Last Thursday, NUPENG accused Mr Dantata of violating a resolution reached with government officials on workers’ right to unionisation, barely 48 hours after the union suspended its strike.
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The association alleged that Mr Dantata instructed truck drivers who are union members to remove union stickers from their vehicles and later ordered them to forcefully enter the Dangote Refinery, despite violating union loading rules.
NUPENG claimed that Mr Dantata flew over the scene in a helicopter and called in the Navy to intervene, allegedly to crush union officials.
In its statement at the time, NUPENG said it condemned Mr Dantata’s actions towards official institutions and the laws of Nigeria, adding that it has placed its members on red alert for the resumption of the suspended nationwide industrial action.
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