The Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) has come under legal scrutiny after ordering upstream oil workers to halt the supply of crude oil and gas to the Dangote Refinery. While the Nigerian Constitution guarantees the rightto form unions, it does not permit actions that sabotage nationavate contracts. The directive is being viewed as reckless and potentially criminal rather than lawful industrial action.
Several laws highlight the illegality of PENGASSAN’s actions. The Trade Disputes Act requires mediation and arbitration before any industrial action, yet these steps were ignored. The directive also interferes with contractual agreements, which under civil law is actionable. Additionally, provisions in the Criminal Code prescribe prison terms for conspiracy, incitement, and disruption of lawful business, while the EFCC Act empowers prosecution of acts deemed economic sabotage—penalties that could range from 5 to 10 years.
If prosecuted, PENGASSAN officials risk convictions for contractual interference, unlawful industrial action, and economic sabotage, with potential prison sentences ranging from 7 to 25 years, alongside fines and liability for damages. Observers warn that union rights, though important, are not a license for anarchy. Without firm enforcement of the law, similar reckless actions could spread across sectors, endangering Nigeria’s stability, investor confidence, and rule of law.
