Court Cancels PENGASSAN Chevron Election, Orders Fresh Poll

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 for its Chevron branch and ordered the union to conduct a fresh election within 30 days.

The judgment was delivered on August 10, 2026, by Justice Joyce A. O. Damachi in Suit No. NICN/LA/214/2025.

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

The case was brought by seven members of the Chevron branch, namely 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 Ignothemu Okugbawa, and members of the caretaker committee established to run the branch.

In the 22-page judgment, the court also declared invalid the decision of PENGASSAN’s Central Working Committee to dissolve the elected Chevron Branch Executive Committee and Chapter Executive Committee on October 8, 2024.

The court found that the dissolution did not follow the procedures required by the union’s constitution. It also invalidated the eight-member caretaker committee subsequently created to manage the branch.

Justice Damachi ruled that the caretaker committee’s appointment breached PENGASSAN’s rules because the union’s constitution allowed a maximum of five members for such a committee.

The court further struck down the extension of the caretaker committee’s tenure beyond the three-month period allowed by the union’s constitution.

Another major part of the judgment concerned the Chevron branch bye-laws. The court upheld the validity of the bye-laws dated February 10, 2017, as reviewed in February 2022.

It declared the purported unilateral cancellation of the bye-laws by PENGASSAN’s National Secretariat on July 8, 2025, invalid.

The judge also ruled that the election guidelines issued by the national secretariat on July 30, 2025, could not legally bind the Chevron branch.

As a result of the findings, the court cancelled the branch delegate and executive elections held on September 16, 2025. All positions obtained through the election and actions taken by those who assumed office from the disputed poll were also declared invalid.

Justice Damachi consequently ordered PENGASSAN and its officers, agents and representatives not to recognise or act on the dissolved caretaker committee, the cancelled bye-laws or the September 2025 election.

The court said the fresh election was a necessary consequence of its findings and was required to restore the position of the branch after the disputed actions were declared invalid.

The judge also held that PENGASSAN’s constitution was binding on its members and required the union’s leadership to follow the procedures prescribed before removing elected branch officials.

According to the judgment, the Central Working Committee did not have the constitutional authority to dissolve the elected Chevron branch leadership in the manner it did.

The court also found that the three-member Fact-Finding Committee whose report was used to justify the dissolution was not provided for under the union’s constitution.

Another issue considered by the court was the failure of the Central Working Committee to obtain prior approval from the National Executive Council before dissolving the Chevron branch leadership.

Justice Damachi noted that the dissolution took place on October 8, 2024, while the NEC purportedly approved the decision at a meeting held on December 3 of the same year.

The court held that the approval coming after the dissolution could not cure the earlier failure to comply with the union’s constitutional requirements.

The judgment also referred to legal protections available to trade unions against interference and the importance of respecting their established rules and procedures.

The court awarded N1 million in costs against PENGASSAN and ordered the union to pay the amount to the claimants.

Reacting to the judgment, former Trade Union Congress secretary in Delta State, Ete Oyegbanren, said the decision would help restore proper administration within PENGASSAN.

Oyegbanren alleged that the national leadership had failed to follow the association’s constitution in dealing with the Chevron branch and said the court’s decision had provided a legal basis for the affected members to pursue a fresh election.

He said preparations had begun to implement the judgment and that a new election was being planned for the Chevron branch.

Oyegbanren also accused the leadership under Osifo of introducing constitutional changes that he believed had weakened the association’s internal processes during Osifo’s two terms in office.

He said the members would continue working within PENGASSAN to improve the association rather than immediately pursue the creation of another union.

The judgment has also attracted reactions from other aggrieved PENGASSAN members, who held a virtual media briefing over the weekend to discuss the outcome.

More than 100 members from different branches reportedly participated in the meeting and expressed support for efforts to enforce the court’s decision.

Former PENGASSAN National Public Relations Officer, Kings Udoidua, accused the association’s leadership of repeatedly breaching its constitution and described the situation as unprecedented in the union’s history.

Oyegbanren said the dispute at the Chevron branch arose after members opposed what they described as the imposition of leadership and decided to seek judicial intervention.

He described the court’s decision as a major victory for members challenging the actions of the national leadership and said efforts were already underway to implement the judgment.

He also said the members had not been served with an order stopping enforcement of the judgment and were therefore continuing with preparations for the fresh election.

Peter Asemota, a former branch chairman of NNPC Exploration and Production Limited and former TUC chairman in Edo State, also criticised the leadership of PENGASSAN under Osifo.

Asemota alleged that the union’s national leadership had adopted policies that were too restrictive and said several positions on the National Executive Committee were reportedly vacant.

He listed positions such as Deputy President, National Auditor and National Public Relations Officer among those he claimed were yet to be filled.

Other former union officials and members, including former Lagos State TUC Chairman Gbenga Ekundayo, former Petroleum Equalisation Fund branch chairman Muhammed Mujib, Owen Eburajolo, Kolawole Atikpo, acting Chevron branch chairman Akinfe Samuel and Fola Oyinbo, also welcomed the judgment.

The court’s order now places PENGASSAN under a legal obligation to organise a fresh election for the Chevron branch within the stipulated 30-day period, with the Federal Ministry of Labour directed to supervise the process and report compliance to the court.