The National Industrial Court of Nigeria (NICN) has barred the National Union of Petroleum and Natural Gas Workers (NUPENG) and Direct Trucking Company Drivers Association from taking any step or strike action to shut down or disrupt the production activities of the Dangote Refinery.
The two bodies were temporarily restrained from embarking on any industrial strike through their members and agents pending the resolution of a suit instituted against them by Dangote Petroleum Refinery and two others.
Justice E. D Subilim of the National Industrial Court in Abuja issued the restraining order while ruling in an ex-parte motion brought before her by Dangote Petroleum Refinery, MRS Oil Nigeria Limited and MRS Oil and Gas Company Limited.
The ex-parte motion marked NICN/ABJ/279/2024 was argued on behalf of the three applicants by George Ibrahim SAN of Ogwu James Onoja SAN and Law Firm, Abuja.
Dangote refinery had in the motion prayed the court for an order of interim injunction restraining NUPENG, its members, agents or privies from embarking on any industrial action aimed at crippling, shutting down its operations or frustrating its business activities pending the determination of its motion on notice.
The Refinery also sought another order stopping Direct Trucking Company Drivers Association, its members, agents and privies from joining any strike orchestrated by NUPENG against it with a view to frustrating, its business.
The oil company and the two other applicants similarly asked Justice Subilim to order the Direct Trucking Company Drivers Association and its members to continue petroleum trucking services to them and the Nigerian public pending the hearing of their motion on notice.
The ex-parte motion was brought pursuant to Order 22 Rules 1, 2 and 3 as well as Order 17 Rules 1 and 4 of the Industrial Court and section 40 of the 1999 Constitution.
Justice Subilim upon taking the argument of the senior lawyer, granted the request, restraining NUPENG and its members and agents from embarking on any form of strike action until the issues in dispute are resolved one way or the other.
The Judge also stopped Direct Trucking Company Drivers Association and its members from joining or participating in any industrial action orchestrated by NUPENG against the three applicants with a view to frustrating their businesses.
Specifically, the Direct Trucking Company Drivers Association and its members are to continue rendering their services to the applicants until all issues are resolved.
Justice Subilim held that she was mindful of issuing the restraining order which shall last for seven days because there is a serious issue to be tried.
She said that the balance of convenience tilted in favour of the three applicants because irreparable damage may be occasioned if the orders are not granted.
The Judge further explained that the applicants are better placed having given an undertaking as to damages to the defendants.
A certified copy of the enrolled order issued and endorsed by the Judge indicated that the case file would be remitted to the President of the Court for reassignment to another Judge having completed the vacation period.
