PENGASSAN’s Officials May Face Up To 25 Years Jail Time If Prosecuted: Union Rights Are Legal, Sabotage Is Not

By Olabode Opeseitan

By its actions in its face-off with Dangote Refinery, the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) has crossed a dangerous legal line. While Section 40 of the Nigerian Constitution guarantees the right to unionize, it does not license unions to sabotage national assets or interfere with private contracts.

The recent directive by PENGASSAN instructing upstream oil workers to halt crude and gas supply to Dangote Refinery is not protected labor action—it is a potential criminal offense.

What the Law Actually Says

1. Constitutional Rights
• Section 40 of the 1999 Constitution affirms the right to peaceful assembly and association, including union membership.
• However, this right must be exercised within the bounds of law and public order. It does not extend to coercive disruption of third-party contracts.

2. Trade Disputes Act (Cap T8 LFN 2004)
• Requires unions to follow due process: mediation, arbitration, and referral to the Industrial Arbitration Panel before any industrial action.
• PENGASSAN bypassed these steps. There is no evidence of a declared trade dispute or exhaustion of legal remedies.

3. Tortious Interference
• PENGASSAN’s directive interferes with valid contracts between Dangote Refinery and its suppliers.
• Under Nigerian civil law, inducing breach of contract is actionable. Damages may be awarded against the instigator.

4. Criminal Code Act (Cap C38 LFN 2004)
• Section 516: Conspiracy to commit a felony—punishable by up to 7 years imprisonment.
• Section 518: Inciting another to commit a criminal offense—punishable by up to 3 years imprisonment.
• Section 451: Wilful damage to property or disruption of lawful business—punishable by up to 5 years imprisonment.

5. Economic and Financial Crimes Commission (Establishment) Act
• Section 1 empowers the EFCC to investigate and prosecute acts that undermine Nigeria’s economic well-being.
• If proven that PENGASSAN’s directive caused economic sabotage, its officials may face prosecution under this Act, with penalties ranging from 5 to 10 years imprisonment, depending on the offense charged.

Brutal Legal Truth: Union Officials May Face Jail Time

If the Federal Government chooses to prosecute and the courts find PENGASSAN officials guilty of:
• Contractual interference
• Incitement
• Economic sabotage
• Unlawful industrial action

They may face 7 to 25 years imprisonment, fines, and civil liability for damages.

Final Word

Union rights are sacred—but they are not a license for anarchy. PENGASSAN’s directive is not protected protest. It is a legally questionable act that threatens national stability, investor confidence, and the rule of law. If the Federal Government fails to act, it risks emboldening rogue actors across sectors.

Nigeria must draw the line—firmly, legally, and without sentiment. Otherwise, the country risks descending into a Hobbesian state where life becomes short, brutish, and nasty.