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 election within 30 days.
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 within seven days of the exercise.
Justice Joyce A. O. Damachi gave the orders in a 22-page judgment delivered on August 10, 2026, in Suit No. NICN/LA/214/2025.
The court declared unconstitutional and void the October 8, 2024 dissolution of the Chevron Branch Executive Committee (BECOM) and Chapter Executive Committee (CECOM) by PENGASSAN’s Central Working Committee (CWC).
It also nullified the eight-member caretaker committee subsequently constituted to administer the branch, including any extension of its tenure beyond the constitutionally prescribed three-month period.
Justice Damachi 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 court equally invalidated the election guidelines issued by the PENGASSAN National Secretariat on July 30, 2025, holding that they were unconstitutional and not binding on the Chevron branch.
Consequently, the judge 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.
Justice Damachi further issued 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 filed by seven members of the 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 a fresh election, the court held that the order was consequential and necessary to give effect to 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.
The judge held that PENGASSAN’s constitution constituted the “organic contract” binding its members and required strict compliance with prescribed procedures before an elected branch executive could be removed.
She also found that the three-member Fact-Finding Committee whose report formed the basis for the dissolution was not recognised by the union’s constitution.
According to the court, the CWC lacked the constitutional authority to dissolve the Chevron branch organs on October 8, 2024, without prior approval from the National Executive Council (NEC), as required by the PENGASSAN Constitution.
The judge noted that the NEC purportedly approved the dissolution at a meeting on December 3, 2024, about two months after the dissolution had already taken place.
On the caretaker committee, the court found that PENGASSAN breached its constitution by appointing eight members instead of the maximum five allowed under Rule 31.4.
The court also awarded N1 million in costs against PENGASSAN in favour of the claimants.
‘We have started enforcing the judgment’
Reacting to the judgment, former Trade Union Congress (TUC), Delta State Secretary, Ete Oyegbanren, described the ruling as a major step towards repositioning PENGASSAN.
Oyegbanren alleged that the leadership under Osifo had deviated from the association’s constitution and commended the court for upholding due process.
He said the duly elected Chevron executives were unlawfully removed and disclosed that efforts had commenced to organise a fresh election in compliance with the judgment.
“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,” he said.
Oyegbanren said the fresh election was scheduled for August 18, adding that stakeholders had been informed of the planned exercise.
“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,” he said.
He alleged that the national leadership had embarked on constitutional reviews that he claimed were detrimental to the association.
Meanwhile, more than 100 aggrieved PENGASSAN members participated in a virtual media briefing at the weekend, where they described the judgment as a significant victory in their efforts to restore what they called the constitutional integrity of the association.
Former National Public Relations Officer of PENGASSAN, Kings Udoidua, alleged that the association had never experienced the level of constitutional violations he claimed were currently taking place.
“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.
Peter Asemota, former branch chairman of NNPC Exploration and Production Limited and former TUC Chairman, Edo State, also criticised what he described as the “draconian” policies of the PENGASSAN leadership under 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 further alleged that some positions on the National Executive Committee remained vacant, including those of Deputy President, National Auditor and National Public Relations Officer.
Other members 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.
