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Justice E. D. Sublim of a National Industrial Court in Abuja, has restrained the National Union of Petroleum and Natural Gas Workers from taking any industrial action aimed at crippling activities at the Dangote Petroleum Refinery and Petrochemicals FZE.
Justice Sublim who issued the restraining order while delivering ruling in an exparte application brought by Dangote Refinery, MRS Oil Nigeria Ltd and MRS Oil and Gas Company Ltd, also halted the Direct Trucking Company Drivers Association from participating in any planned strike action called by NUPENG, aimed at frustrating the businesses and operations of the applicants, until the hearing and determination of the main suit.
A Certified True Copy (CTC) of the court ruling dated September 17 and signed by a Senior Registrar, Mrs Rufai Zainab Ahmed, revealed that the judge issued the order upon conviction that “irreparable damage may be occasioned if the necessary orders are not granted”.
Dangote, MRS Oil Nigeria Ltd and MRS Oil and Gas Company Ltd had dragged NUPENG and the Direct Trucking Company Drivers Association to court over alleged plan to cripple their business operations through industrial action.
Pending hearing in the suit marked: NICN/ABJ/279/2024, the plaintiffs on September 15 filed and argued their motion seeking the intervention of the court against planned industrial action by the defendants, adding that the planned strike was aimed at crippling operations of their refineries.
Delivering ruling on Wednesday, Justice Sublim, after observing that, “the balance of convenience tilts in favour of the applicants”, and “that irreparable damage may be occasioned if the necessary orders are not granted”, subsequently made an order restraining the defendants from embarking on any industrial action aimed at crippling operations of the applicants businesses.
“Upon reading the Motion Ex Parte and the reliefs contained on the Motion paper; the Rules of Court and Laws relied upon to bring this Application; AND upon reading the affidavit in support deposed to by one Ahmed Hashem, the Group General Manager Government and Strategic Relations of the 1st Defendant at the Registry of this Court, together with the Exhibits annexed and marked as Exhibit A and B in the context of the 14 paragraphs grounds relied upon for this application; AND upon hearing George Ibrahim SAN, counsel to the Applicants moving the Motion in terms of the Motion paper; AND this court having satisfied itself that there is a serious issue to be tried, that the balance of convenience tilts in favour of the Applicants, that irreparable damage may be occasioned if the necessary orders are not granted, and that the Applicants have given an undertaking as to damages;
“It is hereby ordered as follows:
“An interim injunction is hereby granted restraining the 1st Defendant /Respondent whether by itself, its members, agents, servants, privies, representatives, assigned or whatsoever and howsoever called from embarking on, proceeding with any industrial action or compelling the 2nd Defendant /Respondent and its members to join any industrial action orchestrated by the 1st Defendant/Respondent with a view to crippling, blocking roads or obstructing the flow of vehicular movement, shutting down operations or frustrating the businesses/activities of the Claimants/Applicants pending the hearing and determination of the Motion on Notice.
“An interim injunction is hereby granted restraining the 2nd Defendant /Respondent, its members, agents, servants, privies, representatives, assigns or whatsoever and howsoever called from joining, continuing, further embarking on, or in any manner participating in the planned industrial action declared by the 1st Defendant /Respondent or any other strike whatsoever against the Claimants /Applicants with a view to frustrating their businesses and operations pending the hearing and determination of the Motion on Notice”.
Meanwhile, the judge held that the orders shall last for a period of 7 days, adding that the applicants shall serve the respondents with the motion and all accompanying processes in the suit within 7 days from the date of this order.
Taking into cognizance the fact that the period for the court to act and served as a vacation court would lapse is on September 23, Justice Sublim subsequently made an order remitting the case file to the President of the National Industrial Court of Nigeria for reassignment to another judge who will hear the Motion on Notice and the substantive case on the merit”.
Recall that it took the intervention of the Department of State Service (DSS) to save the nation from fuel scarcity following disagreement between Dangote Refinery and NUPENG.
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