NICN overturns PENGASSAN suspension of 15 NMDPRA staff, orders branch elections, citing breach of union constitution and unlawful caretaker committee

The National Industrial Court of Nigeria (NICN) in Abuja has overturned the suspension of 15 staff members of the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA) by the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN).

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The court also ordered the dissolution of the caretaker committee installed by PENGASSAN following the expiration of the branch executive’s tenure on May 27, 2025.

Justice O.Y. Anuwe delivered the judgment in suit NICN/ABJ/307/2025, filed by the affected staff members who challenged their suspension and the continued operation of the caretaker committee, describing both actions as unconstitutional and undemocratic.

On August 18, 2025, PENGASSAN suspended the staff for 10 years, citing alleged misconduct, constitutional violations, and actions prejudicial to the union’s interests.

The claimants contended that the suspensions were not ratified by the union’s National Executive Council (NEC) and that the caretaker committee’s tenure exceeded constitutional limits.

Justice Anuwe found no evidence that the suspensions were NEC-approved, declaring them “null and void.”

The court also ruled that the Ethical, Grievance and Disciplinary Committee (EGDC), which recommended the suspensions, was improperly constituted and therefore lacked authority to act.

The NICN ordered the PENGASSAN Central Working Committee to initiate elections for the NMDPRA Branch Executive Committee within seven days, in accordance with the union’s constitution and electoral guidelines.

Out of 18 reliefs sought, the court granted 12, including the nullification of suspensions and the mandate to conduct branch elections, while five reliefs were refused.

Justice Anuwe concluded: “The claimants were not given a fair hearing by a competent EGDC before they were suspended. Consequently, the suspension of the claimants is unlawful, null and void.”

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The ruling reinforces adherence to PENGASSAN’s constitutional procedures and underscores the court’s role in safeguarding workers’ rights within union governance.