Chinedu Eze
The National Industrial Court of Nigeria, Lagos Division, has nullified the September 16, 2025 elections conducted by the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) for its Chevron branch and ordered the association to conduct fresh elections within 30 days of judgement.
The court also directed the South-West Zonal Director of Labour, Federal Ministry of Labour, Lagos, to supervise the fresh elections and submit a compliance report to the court within seven days of the exercise.
The verdict was the latest in the intervention of the judiciary in the affairs of PENGASSAN at various branches.
It would be recalled that the national leadership of PENGASSAN was equally embroiled in a suspension saga with some branch members of the Nigerian Midstream, Downstream Petroleum Regulatory Authority (NMDPRA).
In January 2026, the industrial court in Abuja overturned the suspension of the members and ordered the dissolution of the caretaker committee constituted by the Central Working Committee (CWC) of PENGASSAN following the expiration of the tenure of the Branch Executive Committee (BECOM) of the NMDPRA branch on May 27, 2025.
In the matter involving the Chevron branch, the 22-page judgment, delivered by Justice Joyce A. O. Damachi in suit No. NICN/LA/214/2025, on August 10, 2026, also declared unconstitutional and void the dissolution of the Chevron Branch Executive Committee (BECOM) and Chapter Executive Committee (CECOM) by PENGASSAN’s Central Working Committee (CWC) on October 8, 2024.
The court further invalidated the eight-member caretaker committee subsequently installed to administer the branch, as well as extensions of its tenure beyond the constitutionally prescribed three-month period.
The judgment also upheld the validity of the Chevron branch bye-laws dated February 10, 2017, as reviewed in February 2022, declaring the purported unilateral revocation of the bye-laws by PENGASSAN’s National Secretariat on July 8, 2025, unconstitutional and void.
The judge equally declared the election guidelines issued by the PENGASSAN National Secretariat on July 30, 2025, unconstitutional, invalid and not binding on the Chevron Branch.
Besides, the court set aside the branch delegate and executive elections conducted on September 16, 2025, declaring all offices assumed and actions taken pursuant to the elections a nullity.
Justice Damachi further granted a perpetual injunction restraining PENGASSAN, its agents, officers and privies from giving effect to the dissolved caretaker committee, the revoked bye-laws or the September 2025 elections.
The judgment followed a suit instituted by seven members of PENGASSAN’s Chevron Branch — Sunday Ebulu, Ete Oyegbanren, Edwin Koloh, Samuel Akinfe, Fola Oyinbo, Alaba Fadola and Jeremiah Odior, against PENGASSAN, its National President, Festus Osifo, General Secretary, Lumumba Ignothemu Okugbawa, and members of the caretaker committee.
In ordering fresh elections, the court said the order was a consequential one flowing directly from its earlier findings that the dissolution, caretaker committee, bye-laws revocation and subsequent elections were invalid.
Justice Damachi held that a court possessed the inherent power to make consequential orders where necessary to give full effect to its judgment and ensure that justice was completely served.
Earlier in the judgment, Damachi had found that the CWC lacked the constitutional basis to dissolve the elected branch leadership in the manner it did, adding that the constitution of an association constituted the “organic contract” binding its members.
The court held that PENGASSAN’s constitution required strict compliance with prescribed procedures before an elected branch executive could be removed.
It also found that the three-member Fact-Finding Committee whose report formed the basis of the dissolution was unknown to the union’s constitution.
Justice Damachi further held that the CWC’s action was invalid because it dissolved the Chevron branch organs on October 8, 2024, without obtaining the prior approval of the National Executive Council (NEC), which was a mandatory condition under the PENGASSAN Constitution.
The NEC purportedly approved the dissolution at a meeting on December 3, 2024, about two months after the dissolution had already been effected.
According to the judge, trade unions enjoyed protection from employer interference under Nigerian law and relevant international labour standards.
On the caretaker committee, the court found that PENGASSAN breached its own constitution by appointing eight members instead of the maximum five allowed under Rule 31.4.
Commenting on the issue, the former Secretary, Trade Union Congress (TUC0, Delta State, Ete Oyegbanren, said that the judgment would serve as a right step towards repositioning PENGASSAN.
He regretted that the Osifo’s led PENGASSAN leadership had derailed from the constitution of the association and lauded the judgement.
He lamented that the duly elected executives of Chelvron branch were unduly removed from office, while efforts to ensure PENGASSAN national followed the due process failed.
He also said that in line with the judgment, the branch would conduct another election in the next few days.
He alleged that in a bid to thwart the PENGASSAN law, the Osifo-led team, had within his two-term tenure, embarked on constitution review at the detriment of the association.
He said: “It’s unfortunate that every attempt was made to derail the association in the last few years. On the judgment, we have started enforcing it. By August 18, we shall organise an election for new executives of PENGASSAN at Chevron branch to come into office.
“The fact is that our management at various branches, including Chevron are not the problem that we have, but the PENGASSAN national. We are not going to leave PENGASSAN to form another association but we retain the right to do so, should push come to shove. That is a possibility we are ready and willing to consider. At the moment, we will remain in it to move the association forward.”
Also, the court awarded the sum of N1 million costs against PENGASSAN, directing the first defendant to pay the amount to the claimants.
Reacting to the National Industrial Court judgement, which nullified the branch election conducted for PENGASSAN Chevron branch, some aggrieved members in a virtual interview over the weekend, said the verdict was the beginning of the movement to take back PENGASSAN.
Over 100 members of PENGASSAN partook in the media parley where they aired their views and reiterated their readiness to put an end to what they called the lack of regard for the constitution of PENGASSAN.
The members, drawn from different branches described the court judgment as a significant victory and a possible turning point in their campaign to restore what they called the constitutional integrity of PENGASSAN.
Former National Public Relations Officer, Kings Udoidua, said the association had never witnessed the level of alleged constitutional violations currently being experienced.
“In the history of PENGASSAN, we have never had this violation of the constitution,” Udoidua said, alleging that the association had gradually become the personal property of one individual.
Comrade Oyegbanren Ete, former BC Chevron/ TUC Secretary Delta State said the Chevron dispute was triggered by what he described as the imposition of leadership on members, adding that the affected members unanimously resolved to seek legal redress.
He said the court delivered an “overwhelming victory” and accused the national leadership of attempting to delay implementation of the judgment through an appeal.
Oyegbanran, however, maintained that the aggrieved members had not been served with any stay of execution and were therefore proceeding with efforts to enforce the judgment.
“We have reassembled ourselves and we have started enforcing the judgment,” he said, adding that stakeholders had been informed and that August 18 had been proposed for a fresh election.
Peter Asemota, former branch chairman, NNPC Exploration and Production Limited (NEPL) and former TUC Chairman Edo State decried the draconian policies of the PENGASSAN leadership under Comrade Osifo.
“We never knew we were building a tyrant. We thought we should project him but never knew we were building a tyrant,” Asemota said.
He alleged that several positions in the National Executive Committee remained vacant, including those of Deputy President, National Auditor and National PRO.
Others who spoke and hailed the judgement included Comrade Gbenga Ekundayo, former Lagos State TUC Chairman; Comrade Muhammed Mujib, former BC of defunct PEF; Comrade Owen Eburajolo; Comrade Kolawole Atikpo; Comrade Akinfe Samuel, Ag. BC of Chevron Branch and Comrade Fola Oyinbo, Member Chevron Branch.