- Caretaker committee dissolved
The National Industrial Court of Nigeria (NICN) in Abuja has overturned the suspension of some staff members of the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) by the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN).
The court also ordered the dissolution of the caretaker committee constituted by the Central Working Committee (CWC) of PENGASSAN following the expiration of the tenure of the Branch Executive Committee (BECOM) of the NMDPRA branch on May 27, 2025.
Justice O.Y. Anuwe gave the orders while ruling in suit NICN/ABJ/307/2025, filed by 15 NMDPRA staff members who were suspended by PENGASSAN in 2025.
The claimants had challenged the installation of the caretaker committee by the national secretariat of PENGASSAN, describing it as unconstitutional, undemocratic, and a breach of the union’s constitution.
On August 18, 2025, PENGASSAN suspended the affected members for 10 years over what it described as “allegations of misconduct, constitutional violations and actions prejudicial to the interest of the union.”
Dissatisfied with their suspension, the 15 members approached the NICN, contending that their suspension, the continued operation of the caretaker committee, and the failure to conduct elections into the NMDPRA branch executive constituted violations of the PENGASSAN Constitution.
The defendants in the suit were PENGASSAN; its National President, Comrade Festus Osifo; the General Secretary, Comrade Lumumba Ighotemu Okugbawa; and members of the caretaker committee: Comrades Tony Izogba, Gbolahan Akinyo, Okechukwu Nwanko, Abba Safana and Polycarp Ihejirika.
In the originating summons brought pursuant to Section 254(C) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and Order 3 Rule 3 of the National Industrial Court of Nigeria (Civil Procedure) Rules, 2017, the claimants raised 16 issues for determination and sought 18 reliefs.
Among the reliefs sought were declarations that, under the PENGASSAN Constitution 2022, the affairs of a branch of the association cannot be administered by a caretaker committee for more than three months, within which a branch election must be conducted; and that running any branch of the union with a caretaker committee beyond that period is unconstitutional, illegal, and unknown to the union’s constitution.
In its judgment delivered on Tuesday, the court ordered the CWC of PENGASSAN to, within seven days of the judgment, commence the electoral process for the election of the Branch Executive Committee of the NMDPRA branch in accordance with the electoral guidelines and constitutional requirements of the union.
On the suspension of the claimants, the court held that there was no evidence showing that the action was ratified by the National Executive Council (NEC) of PENGASSAN, declaring the suspension “null and void.”
Justice Anuwe held: “From the facts contained in the counter-affidavit of the defendants, the defendants did not adduce any evidence to show that the suspension of the claimants by the CWC, as a disciplinary action, was ratified by the NEC before or after the suspension was effected.
“The argument of learned counsel for the defendants is a further confirmation that the suspension of the claimants was not with NEC ratification.
“The fact that the EGDC has been found in this judgment to be unlawful and void implies that there was no competent EGDC composed as provided in Rule 32.7 of the 1st defendant’s constitution, which heard the case against the claimants before they were suspended.
“The claimants were therefore not given a fair hearing by a competent EGDC before they were suspended.
“The further implication is that the disciplinary procedure prescribed by the 1st defendant’s constitution was not followed.
“Consequently, the suspension of the claimants is unlawful, null and void.”
