The National Industrial Court sitting in Abuja has granted 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 or compelling other truck drivers to participate in such action.
The court further barred NUPENG and its affiliates from blocking public roads or taking any steps capable of frustrating or shutting down the operations of Dangote Refinery, MRS Oil Nigeria Limited, and MRS Oil and Gas Company Limited.
Justice E.D. Subilim delivered the ruling on Wednesday following a motion ex parte filed by George Ibrahim, SAN, counsel to Dangote Refinery. The judge held that the orders were necessary to prevent irreparable harm to the refinery’s operations.
The motion ex parte, filed alongside originating processes and a motion on notice on 15 September 2025, sought to restrain NUPENG, its members, agents, and privies from initiating or compelling participation in any industrial action aimed at crippling or disrupting the applicants’ business activities pending the hearing of the motion on notice.
Ibrahim also prayed the court to restrain the Drivers Association and its members from joining or participating in any strike declared by NUPENG or any other industrial action against the refinery and MRS, and to direct them to continue petroleum trucking services to the applicants and the Nigerian public pending the determination of the motion on notice.
The senior advocate argued that NUPENG’s planned actions contravened Section 40 of the 1999 Constitution, which guarantees freedom of peaceful assembly and association, as well as Section 12(4) of the Trade Union Act. He further submitted that the court had jurisdiction to intervene in the dispute.
In support of the application, Ahmed Hashem, Group General Manager, Government and Strategic Relations of the refinery, deposed to an affidavit in which the applicants undertook to pay damages should the court later find the restraining orders ought not to have been granted.
Justice Subilim, after hearing the submissions of Ibrahim, SAN, held that there was a serious issue to be tried, that the balance of convenience favoured the applicants, and that irreparable damage could occur if the orders were not made. He noted that the applicants had provided the requisite undertaking as to damages.
Accordingly, the court granted interim orders restraining NUPENG from embarking on or compelling the Drivers Association to join any industrial action that could obstruct vehicular movement, block roads, or disrupt the operations of the applicants. A similar order was made against the Drivers Association, restraining it from participating in any strike against the applicants. The orders are to last for seven days.
Justice Subilim directed the applicants to serve the respondents with the motion on notice and all accompanying processes within seven days. He also noted that his authority to sit during the court’s vacation would lapse on 23 September 2025, and consequently ordered the case file to be remitted to the President of the National Industrial Court for reassignment to another judge to hear the motion on notice and the substantive suit.
