Court refuses to halt PENGASSAN election, orders accelerated hearing

The National Industrial Court of Nigeria (NICN), Abuja Division, has declined an application seeking to stop the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) from holding its National Delegates Conference and leadership election scheduled for Saturday.

Instead, the court ordered an accelerated hearing of a suit challenging the union’s leadership succession process, constitutional amendments and other decisions ahead of the planned transition.

Justice M.A. Hamza issued the order on Wednesday, August 19, 2026, following an application by PENGASSAN members, Sunday Ebulu and Koloh Edwin.

The applicants are challenging the continued tenure of the union’s current national leadership and aspects of the process adopted for selecting its next national president.

Justice Hamza directed the respondents to file and serve their responses within seven days of receiving the originating processes and motion on notice. The applicants were given three days thereafter to file any reply.

The matter was then adjourned to the nearest available date for hearing.

PENGASSAN is scheduled to hold its National Delegates Conference in Abuja on Saturday, where the transition to a new national president is expected to take place.

The dispute centres partly on the tenure of the incumbent National President, Festus Osifo, and the constitutional provisions governing his succession.

The applicants contend that Osifo’s three-year tenure expired on May 10, 2026, having been re-elected unopposed on May 10, 2023.

They are also challenging an amendment to the PENGASSAN Constitution adopted in August 2025, which introduced automatic succession by the elected deputy president.

According to the applicants, the amendment is discriminatory, unconstitutional and inconsistent with Sections 40 and 42 of the 1999 Constitution.

They are further questioning the eligibility of some individuals involved in the proposed succession arrangement.

The applicants alleged that one of the respondents was ineligible to hold office because his employment was still under probation, while they argued that another respondent, George Nwoko, could not contest or occupy the office of deputy president because he had retired from service.

They consequently asked the court to restrain the respondents and their agents from inaugurating the proposed successor or conducting elections into national offices pending the determination of the substantive suit.

They also sought an order compelling Osifo to hand over the leadership of the association to another respondent pending the outcome of the case.

Justice Hamza, however, declined to grant the requested orders at this stage, allowing the delegates’ conference and election to proceed.

The court’s decision means that while the PENGASSAN election will not be halted by the interim application, the substantive legal challenges to the union’s succession process and constitutional amendments will be heard on an expedited basis.

The court ordered: “In view of the urgency disclosed, the motion on notice shall be heard on an accelerated basis.”

The respondents are expected to respond within seven days of being served, while the applicants have three days to file any reply.