The proposed Electricity Act (Amendment) Bill, 2025, has ignited a firestorm of controversy in Nigeria, pitting the government against labor unions in a battle over workers’ rights. The bill designates the entire Nigerian Electricity Supply Industry as an essential service, effectively criminalizing strikes and other industrial actions by power sector workers. This move, justified by the government as necessary to stabilize the electricity sector and prevent disruptive blackouts, has been met with fierce resistance from labor organizations like the Nigeria Labour Congress (NLC), Trade Union Congress of Nigeria (TUC), and the National Union of Electricity Employees (NUEE), who argue that it infringes upon fundamental labor rights and sets a dangerous precedent for other sectors.
The heart of the dispute lies in the bill’s attempt to supersede existing labor laws. The proposed amendment prohibits strikes, lockouts, and picketing in the power sector, even if such actions are in accordance with the Trade Union Act and international labor conventions. Violators face hefty fines and potential imprisonment. Labor unions contend that the Electricity Act, being a sectoral law, cannot overrule the broader Trade Union Act, which already provides a framework for handling labor disputes, including those in essential services. The existing Act mandates a two-week notice before any industrial action in essential sectors and empowers the Minister of Labour to intervene preemptively. The unions view the proposed ban as an overreach, effectively silencing workers and denying them the right to advocate for their welfare.
Labor leaders argue that the proposed ban is not only legally flawed but also impractical. They maintain that suppressing workers’ right to protest will not eliminate the underlying issues that lead to industrial action, such as unpaid wages and poor working conditions. Instead, it could embolden employers to exploit workers, knowing they have no recourse. The NLC president, Joe Ajaero, asserts that such a ban would be immediately violated because it is fundamentally unjust and contradicts international norms. He emphasizes that even under the most authoritarian regimes, the right to strike is rarely completely abolished. The TUC echoes this sentiment, highlighting that the right to strike is a fundamental component of collective bargaining and is protected by international treaties to which Nigeria is a signatory.
The NUEE shares the concerns of the NLC and TUC, viewing the proposed amendment as a targeted attack on trade unions. The union argues that by criminalizing protests and picketing, the bill aims to silence workers and strip them of their power to negotiate for better conditions. The NUEE believes this sets a dangerous precedent that could undermine the role of labor in national development. The union plans to actively resist the amendment by presenting an alternative proposal that safeguards workers’ rights while ensuring the stability of the electricity sector.
The proposed bill has also drawn criticism from other quarters, including the Forum of Commissioners of Power and Energy, which foresees potential constitutional conflicts between the federal government and the states. The core argument is that labor regulations fall primarily under the purview of the federal government, while the bill, by incorporating such regulations within the Electricity Act, potentially encroaches on state jurisdiction over electricity distribution and related matters. This could lead to legal challenges and further complicate the implementation of the Act.
Beyond the legal and jurisdictional concerns, the proposed amendment raises critical questions about the government’s approach to labor relations. Critics argue that rather than resorting to heavy-handed tactics that suppress dissent, the government should focus on addressing the root causes of labor unrest in the power sector. This includes ensuring fair wages, safe working conditions, and a transparent process for addressing worker grievances. A collaborative approach, involving genuine dialogue with labor unions, is seen as more conducive to achieving long-term stability in the electricity sector and fostering a more harmonious relationship between the government, employers, and employees. The current approach, they argue, is likely to exacerbate tensions and could lead to more, not less, disruption in the long run. By criminalizing fundamental labor rights, the government risks undermining the very principles of democracy it claims to uphold.
