The National Industrial Court of Nigeria (NICN), Abuja Judicial Division, has overturned the suspension of several staff members of the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) by the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN).
Justice O.Y. Anuwe, who presided over the case, also ordered the dissolution of the caretaker committee constituted by PENGASSAN’s Central Working Committee (CWC) following the expiration of the tenure of the Branch Executive Committee (BEC) on May 27, 2025.
The ruling came in response to a suit (NICN/ABJ/307/2025) filed by 15 NMDPRA staff members suspended by PENGASSAN last year, highlighting a protracted crisis in the union’s NMDPRA branch.
The conflict arose after some staff members rejected the caretaker committee installed by PENGASSAN’s National Secretariat on June 27, 2025. The committee’s formation was widely described as unconstitutional, undemocratic, and contrary to the union’s internal rules.
On August 18, 2025, PENGASSAN suspended the members for 10 years over allegations of misconduct, constitutional violations, and actions prejudicial to the union’s interests. Dissatisfied, the 15 members approached the NICN, claiming their suspension and the extended tenure of the caretaker committee violated the PENGASSAN Constitution 2022 and denied them their right to branch elections.
The defendants in the case included PENGASSAN, its National President Comrade Festus Osifo, General Secretary Comrade Lumumba Ighotemu Okugbawa, and members of the caretaker committee.
In the originating summons, the claimants raised 16 issues and sought 18 reliefs. These included:
Delivering judgment on Tuesday, January 27, 2026, Justice Anuwe:
The court granted 12 of the 18 reliefs sought, including those declaring the caretaker committee’s extended tenure unconstitutional and invalidating the suspensions. Reliefs 6, 10, 15, 16, 17, and 18 were not granted.
Justice Anuwe emphasized that the claimants were denied fair hearing:
“The claimants were therefore not given any fair hearing by a competent EGDC before they were suspended. The disciplinary procedure in the PENGASSAN constitution was not followed.”
The judgment underlines that union procedures must comply with the constitutional provisions of PENGASSAN and that members’ rights cannot be arbitrarily curtailed.
