Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has defended the rights of Nigerian workers to unionise and go on strike, describing recent attempts to undermine labour unions as “legally baseless and morally irresponsible.”
Speaking on ARISE News on Monday, Falana said the right to form and join unions is protected by the Nigerian Constitution and international conventions ratified by the country.
“Unionisation is allowed by law under Section 40 of the Constitution, which guarantees freedom of association. Nigeria is also bound by ILO Conventions 87 and 98, which recognise the rights to unionisation and collective bargaining,” he said.
Falana’s comments follow the recent dispute between the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) and Dangote Refinery over alleged anti-labour practices. The refinery was accused of sacking and redeploying workers who joined PENGASSAN and refusing to recognise the union as a representative body.
The standoff led to a nationwide strike threat that was suspended after government intervention by Labour Minister Muhammadu Dingyadi and National Security Adviser Nuhu Ribadu.
Falana said the crisis could have been avoided if employers and government agencies had complied with labour laws. “When workers are forced to strike over issues that were settled since the colonial era, then the blame lies with the government,” he said.
He rejected claims that unions in the oil and gas sector were sabotaging the economy, noting that organised labour has been part of Nigeria’s social and political fabric for more than a century. “The first trade union in Nigeria was formed in 1912 before the 1914 amalgamation. It’s too late in the day to say unions should not exist,” he stated.
Addressing allegations of mass sackings, Falana explained that the dispute arose from unfair labour practices, not from workers’ right to unionise. “By law, once you are a junior employee, you are automatically entitled to union representation,” he said.
He added that strikes often happen because employers fail to negotiate in good faith, stressing that they are “a last resort when workers’ rights are ignored.”
Falana also dismissed claims that union leaders misuse members’ funds or act for personal gain. He praised PENGASSAN and NUPENG as responsible organisations that engage the government constructively before resorting to strikes.
“It is too late in the day to say there should be no unions in Nigeria. Labour rights are part of our constitutional and global labour standards,” he said.
