Nigerian Court Nullifies PENGASSAN Chevron Branch Executive Committees Dissolution
A Nigerian court has ruled that the dissolution of the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) Chevron Branch executive committees was unconstitutional. The Lagos Division of the National Industrial Court of Nigeria made this ruling in a suit filed by seven members of the PENGASSAN Chevron Branch.
The claimants argued that the Central Working Committee (CWC) lacked the power to dissolve the branch executive without prior approval from the National Executive Council and compliance with the disciplinary procedure stipulated by the union's constitution. The court held that NEC approval was a condition precedent to the dissolution and must therefore have been obtained before the action was taken.
The judge also ruled that the prolonged tenure of the eight-member caretaker committee constituted by PENGASSAN's CWC violated Rule 31.4 of the PENGASSAN Constitution, which limits such a committee to a maximum of five members and a tenure of not more than three months. The court ordered PENGASSAN to conduct fresh and democratic elections for the Chevron Branch within 30 days.