Court Slams PENGASSAN: Chevron Branch Election Nullified, Fresh Poll Ordered

Big win for union democracy. 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 ordered a fresh poll within 30 days of the judgment, a move that has energized aggrieved members across the country.

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 to the court within seven days of the exercise. This is the latest judicial intervention in PENGASSAN affairs, and it signals a serious reckoning for the national leadership.

What did the court rule in the PENGASSAN Chevron case?

Justice Joyce A. O. Damachi delivered a 22-page judgment on August 10, 2026, in Suit No. NICN/LA/214/2025. The court declared unconstitutional and void the dissolution of the Chevron Branch Executive Committee (BECOM) and Chapter Executive Committee (CECOM) by PENGASSAN's Central Working Committee (CWC) on October 8, 2024.

The court also invalidated the eight-member caretaker committee installed to administer the branch, as well as extensions of its tenure beyond the constitutionally prescribed three-month period. It 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.

Furthermore, the judge declared the election guidelines issued by the PENGASSAN National Secretariat on July 30, 2025, unconstitutional, invalid and not binding on the Chevron Branch. Consequently, all offices assumed and actions taken pursuant to the September 2025 elections were set aside.

Why did the court nullify the PENGASSAN Chevron election?

The court found that the CWC lacked the constitutional basis to dissolve the elected branch leadership. Justice Damachi stressed that the constitution of an association constituted the organic contract binding its members, and that strict compliance with prescribed procedures was required before an elected branch executive could be removed.

Key findings include:

• The three-member Fact-Finding Committee whose report formed the basis of the dissolution was not recognised by the union's constitution.
• The CWC 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 on December 3, 2024, about two months after the fact.
• PENGASSAN breached its own constitution by appointing eight caretaker committee members instead of the maximum five permitted under Rule 31.4.

The court also awarded N1 million in costs against PENGASSAN, directing the first defendant to pay the amount to the claimants.

Who filed the lawsuit against PENGASSAN?

Seven members of PENGASSAN's Chevron Branch took the fight to court: 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.

Justice Damachi held that the court had the inherent power to make consequential orders where necessary to give full effect to its judgment and ensure that justice was served. Trade unions enjoy protection from employer interference under Nigerian law and relevant international labour standards, the judge noted.

What do aggrieved PENGASSAN members say about the judgment?

Reacting to the judgment, former Trade Union Congress (TUC) Delta State Secretary, Ete Oyegbanren, said the decision would help reposition PENGASSAN. He alleged that the PENGASSAN leadership under Osifo had deviated from the association's constitution and commended the court for upholding due process.

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. By August 18, we shall organise an election for new executives of PENGASSAN at Chevron branch to come into office. 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. That is a possibility we are ready and willing to consider. At the moment, we will remain in it to move the association forward.

More than 100 PENGASSAN members participated in a virtual media briefing over the weekend, describing the judgment as the beginning of efforts to reclaim the association. Former National Public Relations Officer of PENGASSAN, Kings Udoidua, said the association had never experienced the level of alleged constitutional violations currently taking place.

In the history of PENGASSAN, we have never had this violation of the constitution.

Peter Asemota, former branch chairman of NNPC Exploration and Production Limited (NEPL) and former TUC Chairman, Edo State, 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.

Oyegbanren described the judgment as an overwhelming victory and accused the national leadership of attempting to delay its implementation through an appeal. He maintained that the aggrieved members had not been served with any stay of execution and were therefore proceeding with efforts to enforce the judgment.

Others 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.

What happens next for PENGASSAN Chevron branch?

The court has ordered a fresh election within 30 days, supervised by the South-West Zonal Director of Labour. The aggrieved members have proposed August 18 for the new election and say they are moving to enforce the judgment. This is a defining moment for union democracy in Nigeria's oil and gas sector.