PENGASSAN, NUPENG, Others Not Recognised By FUPRE Establishing Law – Investigation


 

 

Following deliberate efforts by elements within the Federal University of Petroleum Resources, Effurun (FUPRE) in Uvwie, Delta State, to truncate smooth running of academic calendar through proliferation of illegal union bodies, findings revealed that the law establishing the university does not support the establishment of petroleum-based union groups within the institution.

Radio Urhobo

 

Our correspondent’s investigation indicates that FUPRE, the first Petroleum University in Africa and sixth in the world, falls within the Ministry of Education and does not enjoy the perks of petroleum-based institutions such as Petroleum Training Institute (PTI) Effurun, Uvwie, Delta State.

 

Some elements within the university had been advocating and insisting on the creation of petroleum industry-based unions such as the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) and Nigeria Union of Petroleum and Natural Gas Workers (NUPENG).

 

The promoters of the proliferation of unions have also threatened to make the university ungovernable for the newly appointed Vice Chancellor of FUPRE, Prof. Ezekiel Agbalagba, who has been doing everything possible to make the institution one of the best in the world.

 

According to an investigation, in an attempt to disrupt the university’s academic activities, promoters of the petroleum industry bodies have reportedly misinformed the national leaderships of PENGASSAN and NUPENG to picket the university.

 

Industry Court Dismisses PENGASSAN’s Suit Against FUPRE

This is coming despite the judgement of the National Industrial Court of Nigeria, Abuja Judicial Division, in 2021 which had earlier dismissed a case filed by PENGASSAN seeking to be recognised as a union in FUPRE even though the university is under the supervision of the Federal Ministry of Education and National Universities Commission (NUC).

 

In the suit marked NICN/ABJ/319/2021, PENGASSAN had sought the court to recognised it as having the power to unionise senior staff of the university as members of the union, a case the Justice B. B. Kanyip, PhD, dismissed as lacking in merit. The case had the Academic Staff Union of Universities (ASUU), Senior Staff Association of Nigerian Universities (SSANU), National Association of Academic Technologists (NAAT), Federal University of Petroleum Resources and Federal Ministry of Labour and Employment as 1, 2, 3, 4 and 5 defendants, while PENGASSAN was the claimant.

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Justice Kanyip ruled that “On the whole, I find no merit in this action as far as the claimant is concerned. It fails and so is hereby dismissed”.

 

The judge ruled further, “But the worrying question is why the claimant, knowing that the 5th defendant has no power of interpretation, still went to the 5th defendant for clarification of its jurisdictional scope. If the claimant had gotten a positive answer from the 5th defendant, would it have come to this Court to complain that the 5th defendant acted ultra vires? I doubt so. The claimant needs to be reminded that he who comes to equity must come with clean hands. It cannot entrap the 5th defendant with a letter for clarification and turn around complaining that the 5th defendant has no duty to so clarify. How do you clarify if you do not interpret?

 

“Regarding relief (2), it is not in doubt that the claimant is “the trade union organizing and negotiating the conditions of service on behalf of its members, who are senior staff in the Oil and Gas Industry”. But it is NOT “entitled to organize and negotiate similar conditions of service on behalf of the senior staff in the 4th defendant”. Relief (2) accordingly fails as against the claimant.

 

“Relief (3), the key relief of the claimant, which seeks for an order of perpetual injunction restraining the 1st, 2nd, 3rd and 4th defendants from acting with respect to the letter of the 5th defendant dated 7 May 2021, wherein the Minister had declared that the claimant cannot organise the senior staff of the 4th defendant, cannot be issued in favour of the claimant. It fails accordingly.”

 

FUPRE Governing Council Forbids Unionisation Of Staff

The ruling also aligned itself with the earlier directive of the Federal Ministry of Labour and Employment, which abhorred PENGASSAN from unionising senior staff of the institution, as well as stopping unrest in the petroleum university.

 

According to the letter dated 7th May, 2021, and signed on behalf of the Minister for Labour and Employment by the Director, Trade Union Services and Industrial Relations, Mrs O. U Akpan, the then minister explained that FUPRE falls outside the jurisdictional scope within which PENGASSAN operates.

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The letter reads, “I am directed to acknowledge your letter dated 7th January, 2021 which was addressed to this Ministry on the above-stated issue. I am also to state that, following the request dated March 6, 2018 by the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) for the interpretation on the jurisdiction of the association to organise the senior staff of Federal University of Petroleum Resources (FUPRE), this Ministry held several meetings with relevant stakeholders on the matter between 2018-2019 and concluded that the Federal University of FUPRE Effurun, Delta State falls outside the jurisdictional scope within which the Trade Unions Act Cap 114 Laws of the Federation of Nigeria (LFN) 2004 allows the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) to operate.

 

“Consequently, PENGASSAN cannot organise the senior staff of FUPRE.”

 

Similarly, the FUPRE’s Governing Council at its 59th regular meeting held on Friday, 25th, 2025, also upheld the ban on the activities of PENGASSAN as one of the unions within the university in line with the decision of the court.

 

The letter signed by its Registrar, Dr. (Mrs.) Jane Omoyine, read, “The University Council at its 59th Regular meeting held on Friday, 25 October 2024, considered your letter dated 29th August, 2024, on the above matter and held a meeting with the Unions’ officials where unionisation of FUPRE staff by PENGASSAN and NUPENG was declined.

 

“Accordingly, you are hereby informed that unionisation of FUPRE staff by PENGASSAN and NUPENG is declined and the matter laid to rest.

 

“By a copy of this letter, you are kindly requested to bring the information to the attention of the General Secretary: NUPENG and PENGASSAN respectively.”

 

Findings by our correspondent revealed that despite the repeated warnings and directives by the supervising ministry and Governing Council, promoters of the unionisation of FUPRE staff as members of PENGASSAN have decided to misinform the leading petroleum industry bodies – PENGASSAN and NUPENG – to disrupt the university.

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Stakeholders Ask FG, Governor Oborevwori, Ovie Of Uvwie To Intervene

Critical stakeholders of the university called on the national leaderships of PENGASSAN and NUPENG to call to order proponents of disinformation and their sponsors who are bent on destroying the peaceful running of FUPRE under the leadership of the current VC, Prof. Ezekiel Agbalagba.

 

They stressed that the university has no standing dispute with the leadership of PENGASSAN, NUPENG, or other groups to warrant the smooth running of the institution being threatened by a few disgruntled staff, regardless minding the position of the law establishing the institution.

 

The stakeholders called on the Minister of Education, Delta State Governor, Rt. Hon. Sheriff Oborevwori and the revered Ovie of Uvwie Kingdom, His Royal Majesty, Dr. Emmanuel Sideso, Abe 1, quickly intervene in the impasse to protect the relative peace in FUPRE.

“The Minister of Education clarified that a university could not be unionised by an industrial-based union, as this would contravene the Trade Union Act. He explicitly wrote to the university, stating that such a move was not permissible.

 

“Despite the directive, some individuals at the national levels of PENGASSAN and NUPENG insisted that the university, by virtue of its name, should fall under the jurisdiction of petroleum industry unions. However, the institution is under the Ministry of Education—not the Ministry of Petroleum.

 

“As a result, they took the matter to court. The court ruled clearly that university staff cannot be unionised by industrial-based unions. This decision was reinforced by the Presidential and Vice-Presidential Visitation Panels, whose white paper instructed the university’s governing council not to recognise such unions.

 

“Despite this, those groups continued to operate unofficially. When a former Vice-Chancellor was in office, they remained under the radar, without formal recognition. However, when the new Vice Chancellor assumed office, they expected him to legitimise their activities. But he emphasised that laws and court judgments are not matters to be taken lightly”, one of the union leaders hinted.

 

Our source noted that the controversy surrounding the disbursement of academic allowances recently released by the Federal Government was the cause of the renewed looming crisis.

 


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