Court restrains NUPENG, truck drivers from blocking roads, disrupting Dangote Refinery operations

The National Industrial Court, Abuja, has approved 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 join.

The court also restrained NUPENG and others from blocking Nigerian roads or 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 the refinery’s lawyer, George Ibrahim SAN.

Nairamatrics reports that the judge held that irreparable damage could be caused to the Dangote Refinery if the necessary orders were not granted.

The refinery approached the court with a motion ex-parte filed along with the originating processes and a motion on notice, all dated and filed 15/09/2025.

It partly sought an order of interim injunction, restraining NUPENG, its members, agents, servants, privies, representatives, assigns, or whatsoever and howsoever called from embarking on any industrial action or compelling the Drivers Association and its members to join any industrial action orchestrated by NUPENG, with a view to crippling, shutting down operations, or frustrating the business activities of his clients pending the hearing and determination of the motion on notice.

He also sought an interim injunction restraining the Drivers Association, its members, agents, servants, privies, representatives, assigns, or whatsoever and howsoever called from joining, continuing, further embarking on, or in any manner participating in the planned industrial action declared by NUPENG or any other strike against the Refinery and MRS, with a view to frustrating their businesses and operations pending the hearing and determination of the motion on notice.

The senior lawyer also asked the court to direct the Drivers Association and its members to continue petroleum trucking services to the Refinery, MRS, and the Nigerian public pending the determination of the motion on notice.

Counsel to the refinery, Ibrahim argued that the actions of NUPENG contravene Section 40 of the 1999 Constitution, which deals with the fundamental right to freedom of peaceful assembly and association, as well as Section 12(4) of the Trade Union Act.

He further maintained that the court has jurisdiction to intervene in the dispute between the Refinery and NUPENG and the other truck drivers association.

In an affidavit deposed by Ahmed Hashem, the Group General Manager, Government and Strategic Relations of the Refinery, the applicants gave an undertaking as to damages if the court eventually determines that the restraining request ought not to be granted.

After listening to the submission, Justice Subilim 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,” NUPENG ought to be restrained.

The judge subsequently ordered: “An interim injunction is hereby granted restraining the 1st defendant/respondent (NUPENG), whether by itself, its members, agents, servants, privies, representatives, assigns, or whatsoever and howsoever called, from embarking on or proceeding with any industrial action or compelling the 2nd defendant/respondent and its members to join any industrial action orchestrated by the 1st defendant/respondent with a view to crippling, blocking roads, or obstructing the flow of vehicular movement, shutting down operations, or frustrating the business activities of the claimants/applicants pending the hearing and determination of the motion on notice.

“An Interim injunction is hereby granted restraining the 2nd defendant/respondent, its members, agents, servants, privies, representatives, assigns, or whatsoever and howsoever called from joining, continuing, further embarking on, or in any manner participating in the planned industrial action declared by the Defendant/Respondent or any other strike whatsoever against the claimants/applicants with a view to frustrating their businesses and operations pending the hearing and determination of the notion on notice.”

The judge also directed the applicants to serve the respondents with the motion on notice and all accompanying processes in this suit within 7 days from the date of this order.

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