Justice Joyce Damachi of the Lagos Division of the National Industrial Court (NICN) has nullified the dissolution of the executive committees of the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN), Chevron Branch, as well as the branch elections held in September 2025.
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Justice Damachi also invalidated the eight-member caretaker committee appointed by the union’s Central Working Committee (CWC), stating that its composition and extended tenure breached the provisions of the PENGASSAN Constitution.
The case, marked NICN/LA/214/2025, was filed by seven members of the Chevron Branch: Sunday Ebulu, Ete Oyegbanren, Edwin Koloh, Samuel Akinfe, Fola Oyinbo, Alaba Fadola, and Jeremiah Odior.
The defendants are PENGASSAN, its National President, Comrade Festus Osifo; the General Secretary, Comrade Lumumba Ighotemu Okugbawa; and members of the caretaker committee, namely Egbadon Lawrence, Ani Ikechukwu, Ofoma Ugochukwu, Lawal Abdul-Kabir Oluwaseyi, Ogbudu Roland, Udolu Paul, Asekutu Wilson, and Lavine Aghaunor.
The dispute arose after the CWC dissolved the Chevron Branch Executive Committee (BECOM) and the Chapter Executive Committees (CECOM) on October 8, 2024, following a controversial vote of no confidence against the branch chairman.
Following the dissolution, the union formed an eight-member caretaker committee to oversee the branch and subsequently extended its tenure beyond the three-month limit specified in the union’s constitution.
Represented by Ebun Olu Adegboruwa (SAN), the claimants argued that the CWC lacked the constitutional authority to dissolve the branch executive without prior approval from the National Executive Council (NEC) and without following the disciplinary procedures mandated by the union’s constitution.
They also challenged the revocation of the Chevron Branch bye-laws, which had been reviewed and approved in 2022, as well as the election guidelines issued by the national secretariat.
The defendants, represented by their lawyer, Femi Abimbola, urged the court to dismiss the case.
In a 50-paragraph counter-affidavit, they maintained that the dissolution was necessary due to administrative paralysis and operational chaos within the branch.
They further claimed that the NEC ratified the action afterwards and that the branch bye-laws were lawfully revoked because they had not been submitted for the mandatory national revalidation.
In her ruling, Justice Damachi agreed with the claimants, declaring that the dissolution of the Chevron Branch executive and chapter structures by the CWC was unconstitutional, null and void.
The judge held that Rule 31.2 of the PENGASSAN Constitution authorises the CWC to suspend or dissolve a branch executive only in accordance with the constitution and Schedule 2, and with prior approval from the NEC.
The court dismissed the defendants’ argument that NEC’s ratification in December 2024 rectified the constitutional defect.
She stated that “NEC approval was a prerequisite that should have been obtained before the dissolution. The ratification, which occurred nearly three months after the October 8, 2024 action, could not validate a null action.”
Justice Damachi further criticised PENGASSAN for relying on a three-member fact-finding committee instead of the disciplinary body prescribed by its rules.
The court further found that the eight-member caretaker committee breached Rule 31.4 of the union’s constitution, which limits such committees to five members and a tenure of no more than three months.
Regarding the Chevron Branch bye-laws, the judge ruled that while they are subordinate to the PENGASSAN Constitution, the national leadership lacked the power to revoke them unilaterally.
Therefore, the court confirmed that the 2017 Chevron Branch bye-laws, as reviewed in February 2022, remain valid and in force. It also nullified the election guidelines issued by the national secretariat on July 30, 2025.
Justice Damachi was particularly critical of the branch elections held on September 16, 2025, while the substantive suit and an application for interlocutory injunction were still pending.
Describing the elections as an attempt to bypass the court and present a fait accompli, the judge called the exercise “a complete sham” and annulled the results.
The court directed PENGASSAN to hold new, fair elections for the Chevron Branch within 30 days, in full accordance with the union’s constitution and the existing Chevron Branch bye-laws.
Justice Damachi also ordered the South-West Zonal Director of Labour, Federal Ministry of Labour, Lagos, to oversee the new elections and submit a compliance report within seven days of the poll.
Additionally, the court awarded N1 million in costs against PENGASSAN, payable to the claimants.
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