Key Takeaways
- The National Industrial Court of Nigeria, Lagos Division, nullified the September 16, 2025, election for PENGASSAN's Chevron branch.
- The court ordered a fresh election within 30 days, to be supervised by the South-West Zonal Director of Labour.
- The dissolution of the Chevron Branch Executive Committee (BECOM) and Chapter Executive Committee (CECOM) by PENGASSAN's Central Working Committee (CWC) was declared unconstitutional and void.
- An eight-member caretaker committee and its tenure extensions were invalidated, and the Chevron branch's bye-laws were upheld.
- The court found that the CWC lacked the constitutional authority to dissolve elected branch leadership without prior National Executive Council (NEC) approval.
- This judgment follows a similar intervention in January 2026 concerning PENGASSAN's NMDPRA branch, highlighting ongoing internal disputes.
In a significant ruling, 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. The court has mandated that the union conduct a fresh poll within 30 days of the judgment, with strict supervision from the South-West Zonal Director of Labour, Federal Ministry of Labour, Lagos.
Landmark Judgment for Union Democracy
Delivered by Justice Joyce A. O. Damachi on August 10, 2026, the 22-page judgment in Suit No. NICN/LA/214/2025 declared several actions by PENGASSAN's national leadership as unconstitutional and void. Specifically, the court invalidated the dissolution of the Chevron Branch Executive Committee (BECOM) and Chapter Executive Committee (CECOM) on October 8, 2024, by PENGASSAN's Central Working Committee (CWC).
Furthermore, the eight-member caretaker committee subsequently installed to administer the branch, along with any extensions of its tenure beyond the constitutionally prescribed three-month period, were also deemed invalid. The court upheld the validity of the Chevron branch bye-laws, dated February 10, 2017, as reviewed in February 2022, declaring the purported unilateral revocation of these bye-laws by PENGASSAN's National Secretariat on July 8, 2025, unconstitutional and void. Consequently, all offices assumed and actions taken pursuant to the September 16, 2025, elections were set aside.
Constitutional Breaches Under Scrutiny
Justice Damachi's ruling highlighted several constitutional breaches by PENGASSAN's national leadership. The court found that the CWC lacked the constitutional basis to dissolve the elected branch leadership in the manner it did, emphasizing that an association's constitution constitutes the "organic contract" binding its members. PENGASSAN's constitution, the judge noted, required strict compliance with prescribed procedures before an elected branch executive could be removed. The court also found that the three-member Fact-Finding Committee, whose report formed the basis of the dissolution, was not recognized by the union's constitution.
A critical finding was 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), a mandatory requirement. The NEC purportedly approved the dissolution two months later, on December 3, 2024, long after the action had already been effected. Additionally, PENGASSAN breached its own constitution by appointing eight members to the caretaker committee, exceeding the maximum five permitted under Rule 314.
Broader Implications and Member Reactions
This judgment is not an isolated incident. In January 2026, the National Industrial Court in Abuja similarly overturned the suspension of members of the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) branch and ordered the dissolution of a caretaker committee. These rulings underscore a pattern of judicial intervention in PENGASSAN's internal affairs, signaling a strong stance against constitutional overreach.
Reacting to the judgment, former Trade Union Congress (TUC), Delta State Secretary, Ete Oyegbanren, who was among the seven claimants, hailed the decision as a crucial step to reposition PENGASSAN. He alleged that the PENGASSAN leadership under Festus Osifo had deviated from the association's constitution, commending the court for upholding due process. Aggrieved members, including former National Public Relations Officer Kings Udoidua and former branch chairman Peter Asemota, described the judgment as a significant victory and the beginning of efforts to reclaim the association's constitutional integrity. They affirmed plans to organize a fresh election for new executives at the Chevron branch by August 18, 2026, in accordance with the judgment.
Why This Matters
This landmark ruling by the National Industrial Court serves as a powerful reaffirmation of internal democracy and constitutional adherence within trade unions. It sends a clear message that union leadership must operate strictly within the confines of their established rules, protecting members' rights and ensuring due process. For PENGASSAN, this judgment necessitates a fundamental re-evaluation of its governance practices and sets a precedent for accountability, potentially influencing other unions to uphold their foundational documents and democratic principles.