Falana: Labour Rights Are Constitutional, Not Acts of Sabotage

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Human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has reaffirmed the constitutional and legal rights of Nigerian workers to unionise and embark on strike actions, describing recent attempts to discredit labour unions as “legally baseless and morally irresponsible.”

Speaking during an interview with ARISE News on Monday, Falana cited Section 40 of the Nigerian Constitution, which guarantees freedom of association, and the International Labour Organisation (ILO) Conventions 87 and 98 — both of which Nigeria has ratified — as the foundation for workers’ rights to unionise and engage in collective bargaining.

His comments follow the recent standoff between the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) and the management of Dangote Refinery over allegations of anti-labour practices, including the dismissal of workers who joined the union. The dispute triggered a nationwide strike threat, which was later suspended after federal intervention.

Falana said the crisis was entirely avoidable if both the government and employers had respected labour laws. “When workers are forced to strike over issues that were settled since the colonial era, the blame lies with the government,” he noted.

He dismissed claims that oil and gas unions were sabotaging the economy, stressing that organised labour has been a cornerstone of Nigeria’s development for over a century. “The first trade union in Nigeria was formed in 1912 — even before the amalgamation of 1914. It’s too late in the day to say unions should not exist,” he said.

Falana maintained that strikes are a legitimate last resort when employers refuse to negotiate in good faith. He also debunked the notion that union leaders misuse workers’ funds, insisting that check-off dues are used to support members in need.

Urging the government to treat unions as partners rather than adversaries, Falana concluded, “Labour rights are not privileges; they are fundamental to democracy. To allow unionisation is to acknowledge that workers are stakeholders in the nation’s progress.”

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