PENGASSAN Officials Risk 25-Year Jail Term: Union Rights Stop Where Sabotage Begins
By ordering upstream oil workers to halt crude and gas supply to Dangote Refinery, the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) has crossed a perilous legal threshold. While Section 40 of the Nigerian Constitution guarantees the right to unionise, it does not grant a license to sabotage national assets or obstruct private contracts.
This was not lawful industrial action; it was a reckless directive that may amount to criminal sabotage.
What the Law Actually Says
i) Constitutional Rights
Section 40 of the 1999 Constitution affirms the freedom of association, including the right to union membership. However, this right must be exercised within the bounds of the law and public order. It does not extend to coercive disruption of third-party agreements.
ii) Trade Disputes Act (Cap T8 LFN 2004)
The Act mandates mediation, arbitration, and referral to the Industrial Arbitration Panel before industrial action. PENGASSAN ignored these procedures. No trade dispute was declared, and legal remedies were not exhausted.
iii) Tortious Interference
The directive interferes with binding contracts between Dangote Refinery and its suppliers. Under civil law, inducing breach of contract is actionable, with damages payable by the instigator.
iv) Criminal Code Act (Cap C38 LFN 2004)
Section 516: Conspiracy to commit a felony - up to 7 years imprisonment.
Section 518: Incitement to commit an offence - up to 3 years imprisonment.
Section 451: Wilful disruption of lawful business - up to 5 years imprisonment.
v) EFCC Act
Section 1 empowers the EFCC to prosecute acts that undermine Nigeria’s economic security. If proven, PENGASSAN’s directive could be considered economic sabotage, carrying penalties of 5 -10 years' imprisonment.
The Brutal Legal Truth
Should the Federal Government pursue prosecution, PENGASSAN officials could be found guilty of contractual interference, incitement, economic sabotage, and unlawful industrial action. Convictions may result in sentences ranging from 7 to 25 years in prison, substantial fines, and civil liability for damages.
Final Word
Union rights are sacred - but they are not a blank cheque for anarchy. PENGASSAN’s order is not a protected protest; it is a dangerous, unlawful act that jeopardises national stability, investor confidence, and the rule of law.
If the government fails to draw the line, rogue actors across sectors will be emboldened. Nigeria cannot afford such recklessness. The law must be applied firmly, dispassionately, and without sentiment; lest the nation slip toward Hobbes’s nightmare of a society where life is “nasty, brutish, and short.”
@NigeriaGov@officialEFCC@OfficialDSSNG@femigbaja@NuhuRibadu@fmydNG@STinubu@ayowisdom_@KamorYusuf@otegaogra@TosinOlayinka6@scarfizal@DSamsonItodo@aonanuga1956@SundayDareSD@udeetalk@YSoile@dayoisrael@OgbeniDipo@jeffphilips1@woye1@OyakhilomeBello@Djbongolee@GbengaGOLD@TheresaTekenah@RinsolaAbiola@PENGASSAN@pengassanhq@AlikoDangote@realFemiOtedola
This PENGASSAN man on radio is so embarrassing. First he said Dangote sacked 800. Then they asked him to mention one person who has come out to say he was sacked, then he said that's why they're going on strike. Then he changed it again that Dangote is hiring Indians. Then they asked him that he has more Nigerians than Indians, then he said but he sacked 1,000 Nigerians to hire Indians. In all of this, PENGASSAN and NUPENG are not even aligned. Nigerian Unions have since overstayed their usefulness. Their prime was when they mobilised against military dictatorship. Positioning as anti private sector and anti capital is completely buffoonery and anti growth.
The National Industrial Court has restrained PENGASSAN from proceeding with its planned strike against Dangote Refinery. Isn’t it clear they’re overreaching?
When a PENGASSAN member leaves a company abruptly for a better opportunity abroad, the company is expected to understand and move on. But when a company lets go of PENGASSAN members because they’re no longer needed, heaven must fall. Tueh!
There’s no way you’d listen to the PENGASSAN president speak on Channels TV about the Dangote issue and not feel upset. No substance, no point—just anger that Nigeria finally has a working refinery.
I have been silent on the Dangote PENGASSEN saga for a few days but I have decided to break my silence:
Unionist were so powerful in America between 1920 to 1945… They grounded several key industries and led to riots and civil unrest.
They were all brought to hill by the US Government for the sake of economic growth and primacy of Capital/investment.
What you see in Nigeria 🇳🇬 today is a fight against Capital, when someone opens a business like Isaac Fayose et al, the average Nigerian worker in there hatred for Capitalist, will join hands to loot the same business that employs them.
Some people say that Dangote workers will want to protect the refinery where they earn their daily bread. I laugh 😆.. you have not met an average Nigerian work or civil servant. They will loot their place of work and justify their actions by claiming the owner is also a thief or that the business owner is not paying enough so they have to survive.
The Federal Government Must Protect Capital and Investments like the Dangote Refinery, otherwise we will remain the poverty capital of the world 🌎.
PENGASSEN is doing what unions do, which is protect the selfish interests of its members, their interests is not the Nigerian interests, don’t conflict the too. For the Nigerian people, Dangote must succeed and many like him inorder to create more jobs and economic growth for our vast population.
No need for Dangote to do anything, since the contribution of PENGASSAN to Nigeria is to shut down the refinery not built by Government o....
Since that's what COMMON NIGERIANS like, let's enjoy it together.....
In fact, Dangote should never accept anything PENGASSAN want again...NEVER!
Because of PENGASSAN’s actions, the depot price of petrol has jumped from ₦840 to ₦980. PENGASSAN is punishing all Nigerians, and this must be stopped. They shouldn't create artificial scarcity because of their own struggles.
Dangote is going to complete his seaport in another free trade zone in a few years. He is building a pipeline to connect the Niger Delta to Olokola FTZ.
He will take the risk, to do what the government finds difficult then some maritime workers' union and NUPENG or Pengassan will start holding him to ransom and dictating to him how to run his business.
The man is building his businesses in a way that shields them from the inefficiencies of the country and he owes no one an apology for it.
Dangote once said, “If the refinery fails, I might have to move back to the village.” That’s the level of risk he took—putting over 30 years of work into one project. Yet, someone with not even ₦1 invested wants to dictate how much he should earn per month. Tueh!
When PENGASAN said they will stop the gas supply to Dangote Refinery, they are committing a very heinous economic crime! One, they do not have any gas, the gas belongs to Nigerian Government, those union guys are just employees working for Nigeria to earn their wages. Only Nigerian Government should stop gas supply to Dangote Refinery. Two, the gas supply to Dangote is not free. Whether sold by NNPCL or other Oil companies, Dangote pays for it. Three, it is from the payment made by Dangote Refinery that Nigeria and other coys earn some of their revenues which they use as allocation for salaries across states and LGs, also to pay salaries including the salaries of some of these saboteurs and of course, to do infrastructures and other services!
PENGASAN has no right to punish Nigeria just because they failed to compel a struggling private investor to do their bidding the way they did to Warri , Kaduna and PH Refineries! Shutting down the country’s livelihood is a criminal act of selfishness and wickedness! IT MUST NOT STAND!