Justice Emmanuel Subilim of the National Industrial Court Abuja, has restrained the Petroleum, Natural Gas Workers Association of Nigeria (PENGASSAN) from embarking on its planned industrial action against Dangote Petroleum Refinery and Petrochemicals FZE.
Justice Subilim ruling on an ex parte application by Dangote Refinery, ruled in favour of Dangote Refinery, stopping PENGASSAN and other defendants, including the Nigerian National Petroleum Company Limited (NNPCL), Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA), and the Nigerian Upstream Petroleum Regulatory Commission (NUPRC), from cutting crude and gas supply to the refinery.
A Senior Advocate of Nigeria, George Ibrahim, argued the application and secured the order against the defendants.
Ibrahim argued that the Applicant is a petroleum production and or distribution companies licensed to own, operate and produce petroleum and petrochemical products for the general consumption of the Nigerian public, and whose business provides essential services to the Nigerian economy and the general public.
He also said that in recent times, there have been incidents of sabotage by some employees of the Claimant at the Claimant’s plant, which raised issues of grave health concern and safety of human lives.
According to him, the management of the Claimant came to an irresistible conclusion that there should be a reorganisation in the plant, which led to the relieving some of its staff of their employment and the same was communicated to all staff by a memo or circular dated 25th September, 2025.
The senior lawyer said that in the early hours of Friday, the 26th day of September 2025, the Claimant received an online report that the Nigerian Workers were laid off by the Claimant because they joined the 1st Defendant’s union.
According to him, the management of the Claimant by a press statement refuted the said report and explained in clear terms that the Claimant was not averse to its members unionizing as that is their constitutional right but however clarified that the Claimant has over 3,000 Nigerians in its workforce and that only a negligible number of staff were affected by the re-organisation of the plant as a result of sabotage and safety concerns.
The lawyer asserted that by a letter dated September 26, 2025 and circulated online, the 1st Defendant through its General Secretary, Comrade Lamumba Ighotemu Okugbawa wrote to the Minister of Petroleum, Gas and warned that the 1st Defendant and its members were going to take action that would force the Claimant to its knees if the Claimant fails to recall the affected staff which was described in the said letter as over 800.
In his brief ruling on ex parte application, Justice Subilim held that the balance of convenience is in favour of the Applicants as the continuation of the strike would irreparably damage its business and cripple the provision of essential services to the Nigerian public.
The Judge held that it was in the interest of justice for the Court to restrain the Respondents to preserve the industrial peace and further aid the continuous provision of essential services to the Nigerian public pending the hearing and determination of the substantive suit.
Justice Subilim, while granting the restraining order, directed that the same be served on the defendants immediately, along with a motion on notice.
The judge held that the restraining order shall last for seven days only.
He subsequently fixed October 13 for the hearing of the motion on notice
The conflict began when Dangote Refinery laid off some workers, citing sabotage and safety concerns as the reason for the restructuring.
PENGASSAN claimed that over 800 workers were dismissed for joining the union and threatened to take action that would force the refinery to its knees if the workers weren’t recalled.
In a bid to resolve the dispute, the Federal Government convened a closed-door meeting between Dangote Refinery and PENGASSAN.
The Minister of Labour and Employment, Mohammed Dingyadi, emphasised the need for both parties to find an amicable solution for the good of the economy, workers, and employers.
Despite the effort, PENGASSAN has reportedly defied the court order and continued with its nationwide strike.
