Court nullifies PENGASSAN Chevron election, orders fresh poll

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By Jimoh Babatunde

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The National Industrial Court of Nigeria, Lagos Division, has nullified the September 16, 2025 election conducted by the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) for its Chevron branch and ordered the association to conduct a fresh poll within 30 days of the judgment.

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The court also directed the South-West Zonal Director of Labour, Federal Ministry of Labour, Lagos, to supervise the fresh election and submit a compliance report to the court within seven days of the exercise.

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The judgment is the latest judicial intervention in the affairs of PENGASSAN at its various branches.

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In January 2026, the National Industrial Court in Abuja overturned the suspension of some members of the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) branch and ordered the dissolution of a caretaker committee constituted by PENGASSAN’s Central Working Committee (CWC).

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The committee had been constituted following the expiration of the tenure of the Branch Executive Committee (BECOM) of the NMDPRA branch on May 27, 2025.

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In the Chevron case, the 22-page judgment, delivered by Justice Joyce A. O. Damachi on August 10, 2026, in Suit No. NICN/LA/214/2025, also declared unconstitutional and void the dissolution of the Chevron Branch Executive Committee (BECOM) and Chapter Executive Committee (CECOM) by PENGASSAN’s CWC on October 8, 2024.

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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.

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It 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.

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The judge also declared the election guidelines issued by the PENGASSAN National Secretariat on July 30, 2025, unconstitutional, invalid and not binding on the Chevron Branch.

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Consequently, 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 null and void.

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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.

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The judgment followed a suit filed 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.

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In ordering fresh elections, the court said the order was consequential, flowing directly from its findings that the dissolution of the elected branch leadership, constitution of the caretaker committee, revocation of the bye-laws and subsequent elections were invalid.

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Justice Damachi held that the court had the inherent power to make consequential orders where necessary to give full effect to its judgment and ensure that justice was served.

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Earlier in the judgment, the judge found that the CWC lacked the constitutional basis to dissolve the elected branch leadership in the manner it did, stressing that the constitution of an association constituted the “organic contract” binding its members.

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The court held that PENGASSAN’s constitution required strict compliance with prescribed procedures before an elected branch executive could be removed.

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It also found that the three-member Fact-Finding Committee whose report formed the basis of the dissolution was not recognised by the union’s constitution.

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Justice Damachi further held that the CWC’s action was invalid because it dissolved the Chevron branch organs on October 8, 2024, without obtaining prior approval from the National Executive Council (NEC), which was a mandatory requirement under the PENGASSAN Constitution.

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The NEC purportedly approved the dissolution at a meeting on December 3, 2024, about two months after the dissolution had already been effected.

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According to the judge, trade unions enjoy protection from employer interference under Nigerian law and relevant international labour standards.

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On the caretaker committee, the court found that PENGASSAN breached its own constitution by appointing eight members instead of the maximum five permitted under Rule 31.4.

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Reacting to the judgment, former Trade Union Congress (TUC), Delta State Secretary, Ete Oyegbanren, said the decision would help reposition PENGASSAN.

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Oyegbanren alleged that the PENGASSAN leadership under Osifo had deviated from the association’s constitution and commended the court for upholding due process.

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He said the duly elected executives of the Chevron branch were unlawfully removed from office, while efforts to ensure that the national leadership complied with due process failed.

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He added that the branch would conduct a fresh election in accordance with the judgment.

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Oyegbanren further alleged that the Osifo-led leadership had, during his two terms in office, embarked on constitutional reviews that he claimed were detrimental to the association.

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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.

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“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.”

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The court also awarded N1 million in costs against PENGASSAN, directing the first defendant to pay the amount to the claimants.

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Meanwhile, some aggrieved PENGASSAN members, during a virtual media briefing over the weekend, described the judgment as the beginning of efforts to reclaim the association.

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More than 100 PENGASSAN members participated in the media parley, where they expressed their views and reiterated their resolve to challenge what they described as disregard for the association’s constitution.

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The members, drawn from different branches, described the judgment as a significant victory and a possible turning point in their campaign to restore what they called the constitutional integrity of PENGASSAN.

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Former National Public Relations Officer of PENGASSAN, Kings Udoidua, said the association had never experienced the level of alleged constitutional violations he claimed were currently taking place.

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“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.

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Oyegbanren, former BC Chevron and TUC Secretary, Delta State, said the Chevron dispute was triggered by what he described as the imposition of leadership on members, prompting them to seek legal redress.

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He described the judgment as an “overwhelming victory” and accused the national leadership of attempting to delay its implementation through an appeal.

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Oyegbanren, 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.

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“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.

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Peter Asemota, former branch chairman of NNPC Exploration and Production Limited (NEPL) and former TUC Chairman, Edo State, criticised what he described as the “draconian” policies of the PENGASSAN leadership under Osifo.

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“We never knew we were building a tyrant. We thought we should project him but never knew we were building a tyrant,” Asemota said.

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He also alleged that several positions on the National Executive Committee remained vacant, including those of Deputy President, National Auditor and National Public Relations Officer.

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Others who commended the judgment included former Lagos State TUC Chairman, Gbenga Ekundayo; former branch chairman of the defunct Petroleum Equalisation Fund, Muhammed Mujib; Owen Eburajolo; Kolawole Atikpo; Akinfe Samuel, Acting Branch Chairman of Chevron Branch; and Fola Oyinbo, a member of the Chevron Branch.

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