Electricity Act amendment: Labour rejects proposed ban on industrial action

The Nigeria Labour Congress (NLC), Trade Union Congress of Nigeria (TUC), and National Union of Electricity Employees (NUEE) have jointly rejected a proposed amendment to the Electricity Act, 2025, which seeks to prohibit industrial actions by workers in the power sector.

According to the proposed Electricity Act (Amendment) Bill currently before the National Assembly, the Federal Government has declared its intent to prohibit blackouts caused by labour strikes or protests in the electricity sector. The amendment, if passed, will bar trade unions in the industry from initiating strikes or picketing activities without first reaching a formally negotiated and approved Minimum Service Agreement.

A draft of the amendment to the Principal Act, seen by The PUNCH, explicitly designates electricity generation, transmission, and distribution in Nigeria as essential services. This reclassification would effectively limit the legal rights of power sector workers to embark on industrial actions that could disrupt national electricity supply.

The bill includes Section 228(H), which stipulates that no employee or trade union within the Nigerian Electricity Supply Industry shall engage in any strike, lockout, picketing, or other industrial action that would disrupt the generation, transmission, operation, or supply of electricity—unless done in accordance with a negotiated and approved Minimum Service Agreement.

Violators of this provision, once convicted, will be liable to a fine of up to ₦2 million or an imprisonment term of up to five years, or both.

The bill states:

“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 ₦2,000,000.00 (Two Million Naira) or imprisonment term of up to five years or to both such fine and term of imprisonment.”

The Forum of Commissioners of Power and Energy has also expressed concern over the proposed amendment, warning that it could ignite a constitutional crisis between the Federal Government and the states.

Labour Leaders React Strongly

Reacting to the bill, the President of the Nigeria Labour Congress, Joe Ajaero, voiced strong disapproval, warning that the bill—if passed—would immediately be violated due to its unrealistic provisions.

“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,” Ajaero said.

He further explained that although the power sector is classified as essential, the Trade Union Act already provides adequate regulation, such as mandatory two-week strike notice and ministerial intervention mechanisms to preempt crises.

“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,” he said.

Ajaero emphasized that the proposed law attempts to shift the Electricity Act from its original purpose of deregulation, renewable integration, and state-level participation into a tool for labour suppression.

“The day it’s passed is the day it will be violated. Employers will become emboldened, refusing to pay salaries or provide 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 labour reform,” he added.

He further criticized the lack of consultation in drafting the amendment, noting that no public hearing or engagement with labour stakeholders took place.

“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 labour 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,” Ajaero said.

TUC Also Rejects the Bill

The Trade Union Congress of Nigeria (TUC), through its Secretary-General Nuhu Toro, also condemned the proposed amendment. He argued that it violates the international labour conventions to which Nigeria is bound.

“The TUC, under the leadership of Comrade Festus Osifo, is strongly opposed to this bill. This rule is not only unconstitutional but also undermines the principles of democracy. The right to strike is a core component of collective bargaining. Nigeria is a signatory to ILO Conventions 87 and 88, which allows the right to protest. Government should address the root causes of labour unrest. We urge the National Assembly to withdraw the bill and focus on strengthening labour rights,” Toro said.

NUEE Calls the Move an Attempt to Cripple Unions

The Secretary-General of the National Union of Electricity Employees (NUEE), Dominic Igwebike, criticized the bill as a deliberate attempt to silence labour voices and erode union power.

“This proposed amendment is clearly aimed at crippling trade unions in Nigeria. It attacks the right to protest, to picket, and to speak out against the poor conditions of workers. These are the very rights that empower unions to negotiate for better welfare and fair treatment. It’s an unacceptable attempt to silence workers and strip them of their voice,” he said.

He added that the bill would set a dangerous precedent that goes beyond the electricity sector.

“This isn’t just about electricity workers; it’s about every Nigerian worker. If this amendment passes, it means even you, as a journalist, could be denied the ability to voice concerns through collective action. It undermines the fundamental role of labour in nation-building. Labour creates wealth, and we must have the power to demand justice and equity.”

Igwebike revealed that the union plans to challenge the amendment through advocacy and legislative engagement.

“We intend to strongly resist it. Our approach is to counter the amendment by proposing our own version via a paper presentation, one that protects workers’ rights. This bill is still in its proposal stage, and we’ll mobilise to ensure it doesn’t stand unchallenged. We’ll engage lawmakers, galvanise public opinion, and push for its rejection. What they are proposing is unjust, and it must be scrapped. It is an assault on dignity, freedom, and the rights of the Nigerian workers.”