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By Kayode Sanni-Arewa

The Petroleum Tanker Drivers (PTD) branch of NUPENG has asked Mr. Femi Falana, a senior advocate of Nigeria (SAN), to recuse himself as counsel to Nigeria Union of Petroleum and Natural Gas Workers (NUPENG) and Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) over an allegation that Dangote Refinery was involved in anti-labour practices, a claim the drivers said was untrue.

They also cautioned PENGASSAN to understand that an employee cannot educate his employer on how the employer will run his company or set rules or standards for him. They added that the Union should tread with caution, and withdraw its attack on Dangote Refinery, while also maintaining that a sack of erring workers should not be used as a basis to punish Nigerians as a whole.

The drivers in a statement issued in Lagos on Saturday, September 27, 2025 and communicated to newsmen said it was insensitive, callous and unpatriotic for PENGASSAN to order its seven branches to cut off crude oil and gas supplies to the $20bn Dangote’s facility.

The statement signed by Comrade Obi-Dede Wonder on behalf of elders of PTD across the four zones of Nigeria (Lagos, Warri, Kaduna and Port Harcourt) noted that PENGASSAN had committed economic sabotage against Nigeria while also advising Nigerian government to slam appropriate sanctions on the leadership of the Union and make them face the full weight of the law.

The statement in full:

“Trade unions in the 21st century are now like a double-edged sword; while it is pretending to protect its members it is also dancing to the tunes of the employers and government at the same time. With these unwholesome practices of the unions, they are fast losing their value, integrity and trust of membership. That is the embarrassing situation the Nigeria Union of Petroleum and Natural Gas Workers (NUPENG) and Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) have reduced themselves to in the industrial ecosystem.

“Today, we make bold to say any attempt to undermine the operations of the Dangote Refinery by PENGASSAN and NUPENG would be resisted by Nigerians and the tanker drivers. This Refinery represents the collective destiny of over 200 million Nigerians and its completion and operation with a refining capacity of 650,000 barrels per day which marks a turning point for Nigeria’s economic survival will not be left in the hands of some Unions to sabotage its success and progress.

“In the light of the above, Mr. Femi Falana, a senior advocate of Nigeria (SAN), must recuse himself as counsel to Nigeria Union of Petroleum and Natural Gas Workers (NUPENG) and Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN), he must also note that all the allegations against Dangote Refinery are patently untrue. It is insensitive, callous and unpatriotic for PENGASSAN to order its seven branches to cut off crude oil and gas supplies to the $20bn Dangote’s facility. PENGASSAN has committed economic sabotage against Nigeria and we therefore advise Nigerian government especially President Bola Ahmed Tinubu GCFR to slam appropriate sanctions on the leadership of these Unions, put the DSS and Police in full action and make these economic saboteurs face the full weight of the law.

“It is however disappointing to now hear human rights lawyer and Senior Advocate of Nigeria (SAN), Mr. Femi Falana condemning the agreement reached between the Federal Government, NUPENG and the management of Dangote Refinery and Petrochemicals.

“He was even insisting that the deal, which involves the unionisation of Dangote’s staff, contradicts existing labour laws. He recently shared these reservations while presenting a paper titled ‘Automatic Membership of Trade Unions for Workers’ at a national webinar on ‘Abuse of Market Dominance and Unfair Labour Practices’ organised by the Federal Competition and Consumer Protection Commission (FCCPC) in collaboration with the Faculty of Law, University of Lagos.

“The SAN’s assertions were convened in the wake of a strike action recently embarked upon by NUPENG, following allegations that Dangote Refinery compelled newly recruited drivers to sign undertakings not to join any existing oil and gas union. The strike was later suspended after the State Security Service brokered a truce and when factional leadership of Petroleum Tanker Drivers (PTD) branch of NUPENG frustrated the planned strike action after warning its members to ignore it, and recall, this directive largely attracted substantial compliance by the tanker drivers across Nigeria.

“According to the resolution, unionisation would be allowed “for employees who are willing to unionise”. But Falana, in his paper, argued that such an arrangement was inconsistent with the Trade Union Act. He further maintained that employers lack the legal authority to interfere in the internal affairs of trade unions or determine membership procedures.

“Anyone listening or reading from Falana will understand his frustration, knowing fully well that he is only trying to protect his clients and as well protecting his source(s) of income as the union’s legal adviser and attorney. Therefore it is understandable when a senior lawyer of his caliber speaks so passionately like that in public. But what Falana has failed to realize is that he is defending the indefensible which puts his integrity and dignity to question. A senior lawyer must learn to uphold the rule of law no matter the inducements offered by his blue-chip clients, including NUPENG and PENGASSAN.

“Falana has attained a milestone in the legal profession that makes so many people to admire him a lot, such a person shouldn’t have allowed himself to be used by some overzealous union leaders who are struggling to get a voice and making effort to gain relevance and legitimacy, having been rejected by both their members and the general public, particularly when it is now obvious that these Union are on a calculated and paid mission to destroy the fortunes and investment of Dangote Refinery, and as well create reputational damage for the company so that the subsidy thieves who the administration of President Bola Ahmed Tinubu have put out of circulation since May 29, 2023 can make a comeback and resume business as usual. This will never happen, because Dangote Refinery has come to stay and Nigerians can positively feel the impact of its energy efficiency and security since the company came on board.

“However, Nigerians and stakeholders in the country’s petroleum sector are still very shocked to see that a case which a 100 level law student will say a big no to, is what Mr. Femi Falana is entertaining and dancing with at every forum and platform. The Senior Advocate now cherry-picks legal jurisprudence and judicial pronouncements to suit the fantasies of his clients at the expense of Nigerians, a very dangerous situation capable of throwing the nation into a serious socio-economic implosion if not properly checked.

“Speaking from a balanced perspective, cherry-picking is a very delicate strategy and some legal practitioners often use it to blackmail, twist facts and control the behaviors and lives of unsuspecting members of the public. Cherry-picking of judicial or legal matters is a methodical process of reading a passage out of context, misapplying it, ignoring other passages that offer important insight into the textual meaning, and then framing certain passages in ways that run counter to the intent of justice and liberation in the society. This is totally unacceptable in Nigeria and every right thinking Nigerian urges Mr. Falana to reverse himself and not strip himself of every honor Nigerians have once clothed him with.

“Dangote Refinery is a privately owned company and it is the prerogative of its management to run the business without any interference by any Unions. The Refinery workers already have associations which they belong to, so why the huff and puff of the Unions? This is Dangote’s business, he has the right to run the business as he wants, and you as a staff if you don’t like it you can resign, if he says he is relieving his staff having been found culpable of sabotage and for comprising safety in the Refinery, so be it. In any establishment there must be rules and guidelines and those set rules must be followed. Come to think of it, do academic staff of private universities join ASUU? The answer is no.

“It is still a surprise that Femi Falana suddenly becomes a ferocious voice for NUPENG and PENGASSAN. How much was he paid to treat this brief? Where was Mr. Falana when Comrade Lucky Osesua and his elected National officers in the Petroleum Tanker Drivers Branch of NUPENG were illegally removed from office? When was Falana when the Court ordered fresh election in PTD but the conditions for conducting the election/delegates conference spelt out by the court were set aside by NUPENG General Secretary and President, Afolabi Olawale and Williams Akporeha?

“Where was Falana when Alex Agwanwor (NUPENG national treasurer) was illegally removed and his right to privacy and association were violated? Where was Falana when NUPENG PRO Cogent Ojobor was unconstitutionally expelled? Where was Falana when Lucky Etuokwu, Justine Adigwe, Mina Samuel, (Chairman, Port Harcourt Zonal Council of NUPENG) and several others were sacked from office? Where was Falana when the court said PTD election should be all-inclusive, and non discriminatory on any account, but NUPENG contemptuously and disdainfully disobeyed? Where was Falana when NUPENG sacked many of its paid staff at zonal levels and at its National secretariat after violating their fundamental human rights particularly right to privacy and to communicate freely?

“What role did Falana play when NUPENG failed to honour the Ministry of Labour and Employment peace and reconciliation meeting which was scheduled to settle the rift in PTD? Today there are still many contract staff in Nigerian National Petroleum Company Limited (NNPCL) . What has NUPENG, PENGASSAN and Mr. Falana done about this? But they can activate all their mercenaries and machineries to stage a cold war against Dangote, score cheap propaganda and sabotage a 20 billion dollar investment. Posterity will never be kind to these people for frustrating and demonizing Nigeria’s business climate and making it unattractive to more local and international investors. This act completely negates the doctrine, principles and sanctity of the Petroleum Industry Act and also President Bola Tinubu’s Renewed Hope Agenda.

“We know enough of history to understand that when democracy dies, the judiciary and its leadership do not necessarily survive. The judiciary survived the implosion or death of our First Republic democracy mainly due to the presence of strong independent justices. It wasn’t for want of trying. However, as the corruption of every facet of our society deepens, the judiciary should not follow, but stand as final arbiter for correction and sanity. When few elements in the Unions fail to stick to rule of law and moral rectitude, then the society becomes an endangered and toxic environment and there will be nowhere else for the aggrieved, hapless, vulnerable, and the oppressed in the society to turn to. Should we have a dysfunctional, unreliable judicial system like the Unions are suggesting? We want Mr. Falana to be guided so that some rejected union leaders will not mislead him or soil his crystal clean toga. The excesses of these union leaders must be checked if not, the industrial ecosystem in Nigeria will be at a crossroads.

“Meanwhile, we completely agree with Andrew Agenmonye, a commentator on public affairs who once said Unions are not regulators. Truly the Unions have no mandate to license entrepreneurs or dictate market prices. That responsibility belongs to the government. Regulators must treat anti-competitive behaviour by unions the same way they treat cartels and cabals in other industries who are profiled as economic saboteurs.

“If Unions return to their rightful role, protecting workers, not taxing businesses, and the government enforces the rules, Nigerians will finally see lower cost of products and commodities, more competition, and stronger growth. Dangote’s investment must be protected and freed from the evil claws of the unions who are playing the scripts of their pay masters at the expense of Nigerians. President Bola Tinubu should stop PENGASSAN, before the Union stops Nigerians from breathing.”