Court To Hear PENGASSAN Suit On February 19

Court To Hear PENGASSAN Suit On February 19

The Lagos Division of the  National Industrial Court yesterday adjourned hearing a fundamental rights enforcement suit filed by the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) till February 19, 2015. 

The presiding judge, Justice Kenneth Amadi fixed the date after counsel to PENGASSAN, Festus Aifeyodion prayed the court for more time to regularise his client's originating motion.

The association through two members of its Chevron Branch, John Nwanosike and Jonathan Omare had filed the suit for an alleged breach of their rights.

Joined in the suit as respondents are: the Chevron Branch of PENGASSAN; one Frank Esanubi and Kio Ayanate.

They are asking the court for an order, restraining the respondents from holding any delegates’ conference, pending the determination of the suit.

They also seek an order, mandating the defendants to include their names as delegates and an order of perpetual injunction, restraining them from holding the conference until the illegality occasioned by their removal was redressed.

In an affidavit attached to the suit, the claimants averred that they were duly elected delegates to the PENGASSAN conference and that their tenure was valid for a term of three years.

The claimants also averred that the respondents canceled their names as delegates, before the expiration of their tenure, thereby denying them the right to vote and be voted for at the conference.

According to them, as duly elected members of the association, their tenure subsisted for three years and has yet to lapse.

The claimants averred that in a bid to prevent them from exercising their franchise, the second and third defendants set up a disciplinary committee to try them after they expressed the fear that their rights were being trampled.

They said that the panel declared them guilty even when there was no evidence against them, as to the commission of any offence.

The claimants, therefore, seek a declaration that the removal of their names as delegates to the zonal conference and national conference was unconstitutional.

It will be recalled that Justice Amadi had on June 23 issued an interim order restraining PENGASSAN from holding its conference until the suit was determined.

The claimants had first commenced the suit before a Federal High Court in Lagos, but had had to file a notice of discontinuance, following an objection raised by the respondents.

The respondents had challenged the jurisdiction of the Federal High Court to hear the suit, which they claim was labour related Consequently, the claimants instituted a fresh suit before the NIC, by way of ex-parte application, seeking similar reliefs.