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From Ben Dunno, Warri
The Vice-Chancellor of the Federal University of Petroleum Resources (FUPRE), Effurun in Delta State, Prof Ezekiel Agbalagba, has dismissed claims of harassment and denial of the right to association canvassed by senior staff of the institution, insisting that the management was enforcing a court judgement rejecting the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) plan to unionise its workers.
Making the clarification while addressing newsmen in Warri at the weekend, Prof Agbalagba disclosed that a competent court of jurisdiction had earlier barred PENGASSAN and NUPENG from unionising senior staff at FUPRE in a judgement delivered in a case filed by both unions on behalf of its workers.
According to the VC, in 2021, PENGASSAN instituted a suit at the National Industrial Court, Abuja, against ASUU, SSANU, NAAT, FUPRE, and the Federal Ministry of Labour and Employment.
He stated that, based on Section 11 of the FUPRE Establishment Act, 2017, PENGASSAN claimed that it was the rightful union to represent senior staff members of the university. Section 11 states that the conditions of service of university employees should align with those in the oil and gas industry to attract top talent.
He stressed that, despite the defendants not filing any defence, the court, in a landmark judgement delivered by Hon Justice B.B. Kanyip on 30 March 2022, ruled decisively that PENGASSAN is not entitled to unionise senior staff at FUPRE.
The VC stated that the court emphasised that the Trade Unions Act governs union recognition in tertiary institutions, not the conditions of service.
It further clarified that the supervisory responsibility for the university lies with the Minister of Education, not the Minister of Petroleum, and that the National Universities Commission (NUC) should provide for the conditions of service.
The statement read in part: “Following this judgement, the Federal Ministry of Labour and Employment formally confirmed that PENGASSAN cannot legally unionise senior staff in a university setting in accordance with the Trade Union Act Cap 114 LFN 2004.
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“In furtherance of this position, the FUPRE Governing Council, at its 56th Regular Meeting on 16 June 2023, and again at its 59th Meeting on 25 October 2024, unanimously reaffirmed the non-recognition of PENGASSAN and NUPENG as staff unions.
“The Council directed Management to immediately cease all check-off dues deductions for purported union members. In line with these decisions, the University Management issued official notifications to the concerned unions and engaged their representatives to explain the legal and institutional implications of the Council’s resolutions.
“Despite the clear and binding 2022 court judgement, which has not been appealed or overturned, PENGASSAN filed a fresh suit (NICN/ASB/38/2024) at the National Industrial Court, Asaba Division.
“The matter is currently pending before Hon Justice Opeloye A. Ogunbowale, with a hearing scheduled for 20 November 2025.
“The university remains fully committed to upholding the 2022 National Industrial Court ruling and expects all parties, including PENGASSAN, to respect judicial processes,” the VC stated.
He stated that it was therefore improper and potentially contemptuous for PENGASSAN to resort to self-help actions, such as blocking university entrances, while the matter is before the courts.
He urged all stakeholders to respect the rule of law and await the final judicial determination.
The VC also dismissed reports of non-payment of earned allowances at FUPRE, stressing that the university has no intention whatsoever to withhold any allowances due to eligible staff.
