Court restrains NUPENG from going on strike, disrupting Dangote refinery’s operations

The National Industrial Court has granted an interim injunction restraining the Nigeria Union of Petroleum and Natural Gas Workers (NUPENG) from blocking Nigerian roads, or frustrating and shutting down the operations of Dangote refinery, MRS Oil Nigeria Limited, and MRS Oil and Gas Company Limited.

The court also restrained NUPENG and other drivers’ associations from embarking on an industrial action or compelling other truck drivers to join in its industrial action.

Emmanuel Subilim, the presiding judge, delivered the ruling on Wednesday following an ex parte motion filed by George Ibrahim, the refinery’s lawyer.

Granting the ex parte, the judge said ‘irreparable damage” may be caused to Dangote refinery if the necessary orders were not granted.

Ibrahim approached the court with an ex parte motion filed alongside the originating processes and a motion on notice, dated and filed September 15.

The lawyer 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 an affidavit deposed by Ahmed Hashem, the group’s general manager, government and strategic relations of the refinery, the applicants provided an undertaking of damages to the organisation if the court ultimately rules against the restraining request.

After hearing Ibrahim, the judge held that “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”.

He ruled that NUPENG ought to be restrained, granting interim injunction on the refinery’s request.

‘RESTRAINING ORDER TO LAST FOR SEVEN DAYS’

The judge noted that the restraining orders would remain in effect for seven days.

He further directed the applicants to serve the respondents with the motion on notice and all accompanying processes in the suit within seven days from the date of the order.

The judge also noted that the court’s authority to sit during the ongoing vacation would expire on September 23.

Consequently, he ordered that the case file be forwarded to the president of the National Industrial Court of Nigeria for reassignment to another judge, who will hear and determine the motion on notice as well as the substantive case on its merits. 

On September 11, NUPENG placed its members on red alert for the resumption of its nationwide industrial action — two days after it suspended its strike action, in protest against Dangote refinery’s “anti-union practices”.

The union said it made the decision after Sayyu Dantata, the owner of Mrs Oil, allegedly instructed his truck drivers, who had been NUPENG-Petroleum Tanker Drivers (PTD) members for several years, to remove union stickers from their trucks.

NUPENG said the action led to an altercation between the truck drivers and its officials.(The Cable)