The Nigeria Labour Congress, Trade Union Congress of Nigeria, and National Union of Electricity Employees, have rejected the ban on industrial actions by power sector workers as contained in the proposed Electricity Act (Amendment) Bill, 2025.
The Federal Government, in the proposed Electricity Act (Amendment) Bill, 2025, before the National Assembly, will no longer accept blackouts orchestrated by labour unions under the guise of protests or strikes, if the bill is passed.
In a comprehensive reform aimed at stabilising Nigeria’s electricity sector, the government plans to bar trade unions in the power industry from embarking on strikes or picketing activities without a formally negotiated Minimum Service Agreement.
A copy of the amended act say, “Restriction on industrial actions: 228(H)(1) Notwithstanding any provision in the Labour Act, Trade Unions Act, or the Trade Dispute Act, no employee or trade union in the Nigerian electricity supply industry shall embark on any strike, lockout, picketing or other industrial action that would disrupt or cease generation, transmission, system operation and supply of electricity, except as provided for under a duly negotiated and approved Minimum Service Agreement.
“Any person who contravenes the provisions of subsection(1) of this section commits an offence and shall, upon conviction, be liable to a fine of N2,000,000.00 (Two Million Naira) or imprisonment term of up to five years or to both such fine and term of imprisonment.”
But reacting to the proposed amendment bill yesterday, the President of the Nigeria Labour Congress, Joe Ajaero, declared that the NLC was not comfortable with the proposed bill, stressing that the bill, if passed, would be violated immediately, describing it as unrealistic.
He said, “We are not comfortable with the proposed bill. Nigeria is a signatory to International Labour Organisation Conventions 87 and 98, which protect the right to organise and undertake collective bargaining. This proposed amendment violates those conventions. It also attempts to override the Trade Union Act, something the Electricity Act has no jurisdiction to do. The Electricity Act is a sectoral law. It cannot claim supremacy over the Trade Union Act, which is the appropriate legal framework for addressing labour-related matters. The legislature has overreached its mandate with this proposal, and it appears to be influenced by interests seeking to weaken labour rights.
“While it is true that the power sector is classified as an essential service, the Trade Union Act already makes adequate provisions to reflect that status. It requires trade unions in essential sectors like electricity, oil and gas, and banking to issue a mandatory two-week notice before embarking on any industrial action. Additionally, the Act empowers the Minister of Labour to proactively intervene, even at the mere hint or rumour of a brewing crisis, through a process known as ‘apprehension.’ This system ensures issues are addressed before they escalate.
“However, banning workers from acting entirely is akin to beating a child and telling them not to cry. It’s unrealistic. If passed, this law will be violated immediately because it is unjust and unworkable. You can’t expect employees to remain silent if their wages are withheld or their conditions worsen. That’s a human rights issue.”
The NLC boss stated that the proposed bill, if passed, would not be respected.
“The day it’s passed is the day it will be violated. Employers will become emboldened, refusing to pay salaries, denying tools for work, because workers would have been stripped of their right to react. There is no society in the world, not even under the most draconian regimes, where the right to strike is entirely banned. Let me be clear, this is not a labor reform. The 2023 Electricity Act was about deregulating the power sector, allowing states to set up their own electricity markets, and pushing renewable energy integration. That’s its purpose, not labour control.
“Lawmakers must understand that the Electricity Act is not a labour law. If they want to legislate on labour matters, they must go through the proper framework, consulting all relevant stakeholders, including labor unions, through public hearings. But that didn’t happen here. No consultations, no engagement; this was done in bad faith. The existing Trade Union Act already provides comprehensive guidelines on how labour actions should be carried out in essential sectors. It’s improper to insert labour restrictions into a sectoral law like the Electricity Act. This move is ill-advised, poorly thought out, and it simply will not stand,” he said.
