Trade Unionism in Nigeria's Electricity Sector: Workers' Rights in Post-Privatization Distribution Companies

Publication Details

Publication Date

10/11/2026

Volume / Issue

Vol 1, Issue 6 (2026)

Article No.

098

Journal

British Journal of Contemporary Research

DOI

https://doi.org/10.67693/BJCR-AIDM7N7Q

Received

23 Oct 2026

Views

40

Downloads

18

Abstract

This article examines the institutional, legal and regulatory environment for trade unionism and workers' rights in Nigeria's electricity distribution sub-sector following the privatization of the Power Holding Company of Nigeria (PHCN) in 2013. Applying the pluralist theory of industrial relations and a doctrinal methodology, the article analyses constitutional guarantees, domestic labour statutes, sector-specific legislation – principally the Electric Power Sector Reform Act 2005 (EPSRA) and the Electricity Act 2023 – and Nigeria's obligations under International Labour Organization (ILO) Conventions Nos 87 and 98. It argues that Nigeria possesses a formally comprehensive architecture for protecting trade union rights, yet a persistent gap separates this formal entitlement from its practical enjoyment within the privatized Electricity Distribution Companies (DisCos). The unbundling of the sector has fragmented collective bargaining, entrenched casualization and third-party contracting, and left check-off remittance and the ten percent equity promised to disengaged PHCN staff largely unresolved. The classification of electricity as an essential service, applied uniformly rather than being confined to safety-critical functions, restricts industrial action well beyond the standard recommended by the ILO. While the National Industrial Court of Nigeria (NICN) has developed a progressive jurisprudence of unfair labour practice and collective agreement enforceability, the Supreme Court's decision in BPE v Dangote Cement Plc has reopened doubt that legislative reform, not judicial creativity alone, must resolve. The article recommends amendment of the Trade Unions Act and the Electricity Act 2023 to enable sectoral bargaining, a narrower essential-service classification, and clearer rules on the enforceability of collective agreements.

License

This article is published under the Creative Commons Attribution 4.0 International License . Free to read, share, and adapt with attribution.