The National Industrial Court, Abuja, on Monday issued an interim order stopping the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) from continuing with its nationwide industrial action against the Dangote Petroleum Refinery and Petrochemicals.
The court also restrained PENGASSAN from cutting crude and gas supply to Dangote refinery.
Justice Emmanuel Subilim delivered the ruling on Monday following a motion “ex parte” filed by the refinery’s lawyer, George Ibrahim, a Senior Advocate of Nigeria (SAN).
Other defendants in the suit include the Nigerian National Petroleum Company Limited (NNPC Ltd), Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA), and the Nigerian Upstream Petroleum Regulatory Commission (NUPRC).
Granting the ex parte order, according to a report by Vanguard, the judge held that the balance of convenience was in favour of the applicant as the continuation of the strike action would irreparably damage its business and cripple the provision of essential services to the Nigerian public.
He held that it was in the interest of justice for the court to restrain the defendants so as to preserve the industrial peace and aid the continuous provision of essential services to the Nigerian public, pending the determination of the substantive suit.
The court further directed that the restraining order and suit be served on all the defendants with immediate effect.
Adjourning the case till 13 October for hearing, the court held that the interim order would have a seven-day lifespan.
Dangote vs PENGASSAN crisis
PREMIUM TIMES reports that PENGASSAN had earlier asked its members to disrupt activities at the refinery by blocking gas supply to it.
The association said its decision was in response to the decision by the refinery’s management to sack some workers who are members of the union. It also accused Dangote refinery of spreading misinformation to justify its actions.
The union also directed its members nationwide to withdraw their services in protest against the alleged sack of Nigerian workers at the refinery from midnight on 28 September. It accused the management of the refinery of anti-labour practices and discrimination against local employees, prompting the federal government’s intervention.
In a swift response, Dangote refinery described the order as illegal and cautioned PENGASSAN to obey Nigerian laws in its operations, noting that PENGASSAN has no legal right to disrupt or interfere with the refinery’s contracts with third-party vendors for gas and crude oil supply.
The refinery called on the federal government and its security agencies to intervene and call PENGASSAN to order, urging that PENGASSAN’s actions are not only lawless but also have the potential to inflict significant harm on the Nigerian economy and citizens.
On Saturday, the House of Representatives Committee on Petroleum Resources (Downstream) called on PENGASSAN to suspend its directive to cut off gas and crude oil supply to the Dangote refinery.
On Sunday, the federal government appealed to PENGASSAN to suspend its planned nationwide strike over its dispute with the Dangote Refinery.
In an appeal statement, the Minister of Labour and Employment, Muhammad Dingyadi, said the ministry had already initiated moves to reconcile the parties to prevent the crisis from escalating.
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“The Ministry of Labour and Employment, through the Director of Trade Union Services and Industrial Relations, has extended invitations to the leadership of PENGASSAN and the management of Dangote Refinery to attend a conciliation meeting in my office on Monday.
“I appeal to both parties to be mindful of the importance of the petroleum sector to the country, being the core of her economy. A strike will not only lead to heavy revenue losses but also cause hardship for Nigerians. Its impact on economic stability and national security cannot be underestimated,” he added.
This newspaper had earlier reported that PENGASSAN on Monday morning shut down the major entry points of the NNPC Ltd, NMDPRA, and NUPRC.
At the NMDPRA headquarters gate located at the federal secretariat, this newspaper observed a banner with an inscription ‘Dangote Must Obey’, ‘Dangote is Not bigger than the country’, and ‘Dangote the Chief of lawless officer.’
