CASE REVIEW: The Shell Petroleum Development Company of Nigeria Limited v. The Minister of Petroleum Resources Nigerian Upstream Petroleum Regulatory Commission Attorney-General of the Federation

Under the Old Labour Jurisprudence based on commentaries and judicial decisions
particularly the Supreme Court decision in NNPC v. Famfa Oil Limited1, an employer is not
obligated to obtain the approval of the Minister of Petroleum Resources(“Minister”) before
disengaging an employee in the Petroleum industry.

However, with the recent decision of the National Industrial Court delivered by the President
of the National Industrial Court of Nigeria, His Lordship, Honourable Justice B.B Kanyip, PhD on
28th July 2022, in Shell Petroleum Development Company Limited(“SPDC”) v. Minister of
Petroleum Resources Limited & 2 Ors(Unreported)2, an employer is obligated to obtain the
approval of the Minister before disengaging an employee.

Given the impact of the decision on the old and well-established labour jurisprudence, this
article will review the facts of the case, arguments and the rationale of the Court in arriving at
its decision