KEY POINTS
- The National Industrial Court ruled that PENGASSAN’s dissolution of the Chevron Branch leadership breached the union’s constitution.
- The court nullified the election and declared the eight-member caretaker committee unconstitutional.
- PENGASSAN must hold a new election within 30 days under supervision of the Federal Ministry of Labour, with N1 million awarded to the claimants as costs.
The National Industrial Court of Nigeria sitting in Ikoyi, Lagos, has nullified the dissolution of the Petroleum and Natural Gas Senior Staff Association of Nigeria, PENGASSAN, Chevron Branch executive committees and ordered the union to conduct fresh elections within 30 days.
Justice Joyce A. O. Damachi delivered the judgment on August 10, 2026, in Suit No. NICN/LA/214/2025, ruling that the dissolution of the branch leadership and the subsequent appointment of a caretaker committee did not comply with PENGASSAN’s constitution.
The court also cancelled the September 2025 branch elections, declared the eight-member caretaker committee unconstitutional and awarded N1 million in costs against PENGASSAN in favour of the seven members who instituted the suit.
The legal dispute was brought by seven members of the PENGASSAN Chevron Branch — Sunday Ebulu, Ete Oyegbanren, Edwin Koloh, Samuel Akinfe, Fola Oyinbo, Alaba Fadola and Jeremiah Odior.
They sued PENGASSAN, its National President, Festus Osifo, General Secretary, Lumumba Ighotemu Okugbawa, and members of the caretaker committee appointed to oversee the branch.
The dispute dates back to October 8, 2024, when PENGASSAN’s Central Working Committee (CWC) dissolved the Chevron Branch Executive Committee and Chapter Executive Committees following a vote of no confidence in the branch chairman.
The CWC subsequently appointed an eight-member caretaker committee to administer the branch.
Court Finds Dissolution Unconstitutional
The claimants argued that the CWC did not have the authority to dissolve the branch leadership without obtaining prior approval from PENGASSAN’s National Executive Council (NEC) and following the disciplinary procedures prescribed by the union’s constitution.
Their counsel, Ebun-Olu Adegboruwa, SAN, also challenged the revocation of the Chevron Branch bye-laws and the election guidelines issued by the national secretariat.
PENGASSAN, through its counsel, Femi Abimbola, defended the dissolution, arguing that it became necessary because of administrative paralysis within the branch. The union also maintained that the NEC subsequently ratified the decision in December 2024.
However, Justice Damachi rejected that argument, holding that NEC approval was a condition that had to be fulfilled before the dissolution could take effect.
The court ruled that subsequent approval could not retrospectively validate an action that was invalid from the beginning.
The court also faulted the composition and tenure of the caretaker committee established by the CWC.
Justice Damachi said Rule 31.4 of the PENGASSAN Constitution limits a caretaker committee to a maximum of five members and restricts its tenure to three months.
The eight-member committee therefore exceeded both the constitutional membership limit and the permitted period of operation.
The judge further criticised PENGASSAN for relying on a three-member fact-finding committee rather than the disciplinary body prescribed by its constitution.
The judgment also addressed the status of the Chevron Branch bye-laws.
Justice Damachi held that although branch bye-laws are subordinate to PENGASSAN’s constitution, the union’s national leadership could not unilaterally revoke the Chevron Branch bye-laws.
The court recognised the 2017 bye-laws as reviewed in February 2022 as valid and still in force.
It consequently nullified the election guidelines issued by the PENGASSAN national secretariat on July 30, 2025.
