Dangote Petroleum Refinery has described the declaration of strike by Petroleum and Natural Gas Senior Staff Association (PENGASSAN) as a bully and guerrilla tactics meant to hold Nigerians to ransom for selfish agenda.
Dismissing as tissues of lies, the claims of mass sack made PENGASSAN in its statement on Saturday night upon which it premised the call on its members to embark on strike, Dangote Refinery said what the Association has embarked upon is tantamount to act of terror.
While highlighting the possible consequences of the strike on hapless Nigerians, Dangote Refinery management in a statement titled “Lawless PENGASSAN: Its lies and Terror Tactics”, said PENGASSAN could not justify its decision to hold over 230 million Nigerians to ransom by cutting off their essential supplies of petroleum products–kerosene, cooking gas, petrol, diesel, aviation fuel, amongst others.
It stated that the resolve by the Association to bully tactics could not justify the threat to the lives of persons, including infants and aged persons, who need the petroleum products and attendant necessities for their life-support systems in the hospitals, in care homes, and the Nigerian workers whose lives and livelihood are to be put at risk with the strike.
Dangote Refinery management therefore called on the Federal Government and its agencies, as well as all Nigerians, to stare down PENGASSAN and put a stop to the machinations and blackmail tactics of its oligarchs and sponsors.
“Assuming that there are Dangote Refinery workers or ex-workers who are affronted by or aggrieved over the organization’s decisions, they surely have remedies that they can pursue in accordance with their employment contracts. PENGASSAN should not and must not be allowed to incite those employees or ex-employees neither should it interpose itself between them and Dangote Refinery. PENGASSAN’s terrorist tactics must be defeated by the Nigerian people. It is in our interest to so do.
“PENGASSAN must not be allowed to persist in its bullying tactics against Nigerians. The Nigerian security and law enforcement agencies must provide security for the Nigerian workers in the oil and gas sector – all the facilities, installations and offices – so they can continue to provide their essential services to the Nigerian nation without let or hindrance by or from PENGASSAN and its co-travelers”, the refinery management stated.
“We challenge both PENGASSAN and NUPENG to publish for the Nigerian public, within 7 (seven) days of this publication, their respective 10 (ten) years audited accounts, failing which they should permanently bury their heads in shame.”
By its actions in its face-off with Dangote Refinery, the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) has crossed a dangerous legal line. While Section 40 of the Nigerian Constitution guarantees the right to unionize, it does not license unions to sabotage national assets or interfere with private contracts.
The recent directive by PENGASSAN instructing upstream oil workers to halt crude and gas supply to Dangote Refinery is not protected labor action—it is a potential criminal offense.
What the Law Actually Says
1. Constitutional Rights
• Section 40 of the 1999 Constitution affirms the right to peaceful assembly and association, including union membership.
• However, this right must be exercised within the bounds of law and public order. It does not extend to coercive disruption of third-party contracts.
2. Trade Disputes Act (Cap T8 LFN 2004)
• Requires unions to follow due process: mediation, arbitration, and referral to the Industrial Arbitration Panel before any industrial action.
• PENGASSAN bypassed these steps. There is no evidence of a declared trade dispute or exhaustion of legal remedies.
3. Tortious Interference
• PENGASSAN’s directive interferes with valid contracts between Dangote Refinery and its suppliers.
• Under Nigerian civil law, inducing breach of contract is actionable. Damages may be awarded against the instigator.
4. Criminal Code Act (Cap C38 LFN 2004)
• Section 516: Conspiracy to commit a felony—punishable by up to 7 years imprisonment.
• Section 518: Inciting another to commit a criminal offense—punishable by up to 3 years imprisonment.
• Section 451: Wilful damage to property or disruption of lawful business—punishable by up to 5 years imprisonment.
5. Economic and Financial Crimes Commission (Establishment) Act
• Section 1 empowers the EFCC to investigate and prosecute acts that undermine Nigeria’s economic well-being.
• If proven that PENGASSAN’s directive caused economic sabotage, its officials may face prosecution under this Act, with penalties ranging from 5 to 10 years imprisonment, depending on the offense charged.
Brutal Legal Truth: Union Officials May Face Jail Time
If the Federal Government chooses to prosecute and the courts find PENGASSAN officials guilty of:
• Contractual interference
• Incitement
• Economic sabotage
• Unlawful industrial action
They may face 7 to 25 years imprisonment, fines, and civil liability for damages.