Falana Faults Dangote Refinery Over Workers’ Union Rights, Insists on Automatic Membership for Junior Staff

LAGOS — Human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has criticised the agreement reached between the Federal Government, the Nigeria Union of Petroleum and Natural Gas Workers (NUPENG), and the management of Dangote Refinery and Petrochemicals on staff unionisation, arguing that it violates existing labour laws.

Falana made his position known while delivering a paper titled “Automatic Membership of Trade Unions for Workers” at a national webinar on Abuse of Market Dominance and Unfair Labour Practices. The event, held on September 15, 2025, was organised by the Federal Competition and Consumer Protection Commission (FCCPC) in collaboration with the Faculty of Law, University of Lagos.

The webinar followed a recent strike by NUPENG, triggered by allegations that Dangote Refinery forced newly recruited drivers to sign undertakings barring them from joining existing oil and gas unions. The strike was later suspended after the State Security Service brokered a truce.

According to the resolution, employees “willing to unionise” would be allowed to do so within two weeks, while the refinery pledged not to create a rival union. But Falana argued that this arrangement directly contradicts the Trade Union Act.

“As far as the law is concerned, employees of Dangote Refinery and Petrochemicals are deemed to be members of NUPENG. Allowing only those who wish to unionise within two weeks is at complete variance with the Act,” he said.

Falana cited judicial precedents, including Nestoil v NUPENG (2012) and Eyiaromi Oladele v Attorney General, Lagos State (2017), which establish that junior workers are automatically considered trade union members unless they formally opt out in writing. Senior staff, however, must expressly opt in.

He stressed that employers have no legal authority to interfere in trade union affairs or determine membership processes. Past rulings by the National Industrial Court (NIC) and the Court of Appeal, he noted, affirm that registered trade unions must be recognised, granted full access to workers, and have their dues remitted without obstruction.

Falana also rejected claims that compulsory union membership for junior workers is unconstitutional, pointing out that professions such as law and medicine already operate under similar automatic membership systems.

Responding to concerns that strong unions undermine free-market principles, Falana argued that vibrant trade unionism thrives in advanced economies like the United Kingdom, United States, and Japan. He further noted that companies such as Nigeria LNG Limited recognise both NUPENG and the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) without disruption.

He concluded by calling on NUPENG and PENGASSAN to remain vigilant, stressing that union rights are guaranteed under the Nigerian Constitution, the Trade Union Act, and international labour conventions.

“Employers must be restrained from interfering with unionisation in any form. Workers are deemed members of their industry’s trade unions, and their only choice is whether to opt out—not whether to join,” Falana declared.