…Says no investor is bigger than Nigerian law
By Victor Ahiuma-Young
The Trade Union Congress, TUC, has accused the management of Dangote Refinery and Petrochemicals of seeking to override Nigeria’s constitution to maximise profit, insisting that workers’ rights must not be sacrificed under any guise.
Chairman of TUC, Oyo State, and former National Financial Secretary of the Petroleum and Natural Gas Senior Staff Association of Nigeria, PENGASSAN, Bosun Olabiyi, said in a statement that while Nigerians remain grateful to Dangote for his bold investment in the oil and gas sector, it would be unacceptable for any employer to attempt to deny workers their fundamental right to organise.
Olabiyi said.: “Dangote has done well by investing over 20 billion dollars into building the largest refinery in Africa, and Nigerians acknowledge the importance of that achievement.“But the truth is simple: he did not invest as a charity. He invested to make profit, and that is legitimate. What is not legitimate is asking workers to seek his permission before exercising rights that the Nigerian Constitution and international conventions freely guarantee them.”
Citing Section 40 of the 1999 Constitution and International Labour Organisation (ILO) Conventions 87 and 98 on freedom of association and collective bargaining, Olabiyi stressed that unionisation is not negotiable.
According to him: “No investor is bigger than Nigerian law. The Constitution is clear, and Nigeria is a signatory to global conventions that protect workers. Dangote cannot ask for an exception because of his investment. If Total, ExxonMobil, Chevron, Agip, Shell, Halliburton, NNPC and NLNG have operated for decades in Nigeria with unions, there is no reason why Dangote should be different.”
Olabiyi said workers at the refinery had long expressed concerns about their welfare and conditions of service, which eventually pushed them to seek representation under PENGASSAN.
The Oyo State TUC chairman said that decision was within their legal right. “For the avoidance of doubt, workers in any organisation—public or private—have the right to collective bargaining. Even if an employment contract says otherwise, such a clause is null and void to the extent that it conflicts with the Constitution and labour laws,” he explained.
He recalled that in 2016, the case of Baker Hughes workers was resolved in favour of the employees when they challenged similar restrictions.
“The Federal Ministry of Labour and the National Industrial Court have consistently upheld that workers’ rights to unionise cannot be negotiated away,” he added.
The TUC leader also challenged claims that union activities could cripple businesses, describing such fears as unfounded.
Olabiyi said.: “It is a lie from the pit of hell to say unions kill businesses. If unions have not killed Total, Mobil, Chevron, NNPC, NLNG or even the private universities where lecturers are free to unionise, then unionism will not kill Dangote Refinery. What unions do is to create a platform for dialogue, fairness, and stability.”
He urged the Dangote Group to embrace dialogue and follow established labour traditions in the oil and gas industry, where collective bargaining ensures industrial harmony.
“Dangote must come down from his high horse and open the room for negotiation, just as other multinational companies have done. PENGASSAN is not an enemy of business growth; in every company we operate, we have shown that we are collaborators for business success,” he said.
Olabiyi further appealed to government and Nigerians at large to prevail on Dangote Group to respect the law.
“Before Dangote Refinery was licensed, it agreed to abide by the laws of the land. Now is the time to abide. We thank him for his investment, but he must understand that profit cannot come at the expense of workers’ welfare,” he insisted.
Calling for solidarity, he added labour “An injury to one is an injury to all. Injury to Dangote Refinery workers is injury to all Nigerian workers. The welfare of workers is non-negotiable, and we will continue to defend it.”
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