PENGASSAN, NUPENG barred from unionising FUPRE staff, says VC

Legal backdrop to the dispute

On March 30, 2022, Justice B.B. Kanyip delivered a decisive judgment at the National Industrial Court in Abuja that PENGASSAN does not have the right to unionise senior staff at the Federal University of Petroleum Resources (FUPRE). The ruling dismissed a 2021 suit that PENGASSAN had lodged against a coalition of academic bodies, including ASUU, SSANU, NAAT, and the university itself. In its reasoning, the court cited the Trade Unions Act, Cap T14, Laws of the Federation of Nigeria, 2004, which limits the scope of industrial unions to specific categories of workers and explicitly excludes senior university employees.

Following the judgment, the Federal Ministry of Labour and Employment issued a formal affirmation that the decision aligns with national labour law. The ministry’s statement underscored that any attempt by PENGASSAN or its counterpart NUPENG to collect dues or claim representation for FUPRE senior staff would be unlawful and could expose the unions to penalties for contempt of court.

The university’s governing council has repeatedly echoed the court’s position. Minutes from its 56th Regular Meeting on June 16, 2023, and the 59th Meeting on October 25, 2024, show unanimous votes to reject the unions’ claims and to halt all check‑off deductions for alleged union members. These council resolutions were presented as a safeguard for the institution’s financial integrity and to protect staff from being drawn into a legal gray area.

Current standoff and implications

Undeterred by the binding 2022 decision, PENGASSAN filed a fresh case (NICN/ASB/38/2024) at the National Industrial Court’s Asaba Division. The new suit, now before Hon. Justice Opeloye A. Ogunbowale, is slated for a hearing on November 20, 2025. The union argues that the earlier judgment failed to account for recent amendments to the Trade Unions Act and alleges that senior staff at a specialised petroleum university deserve representation similar to technical workers in the oil sector.

Vice‑Chancellor Prof. Ezekiel O. Agbalagba has warned that any self‑help tactics—such as blocking university entrances or disrupting academic activities—could be deemed contemptuous. He emphasized that the university remains committed to upholding the 2022 ruling and expects all parties to respect the judicial process while the case proceeds.

Nevertheless, the dispute has spilled onto the campus. In July 2025, members of NUPENG and PENGASSAN staged a series of pickets, using petrol tankers and trucks to block the main gates. Placards called for the VC’s removal and accused the administration of victimising union members. The blockades caused significant disruption to student commutes and delayed research activities tied to the university’s petroleum programs.

Stakeholders across the education and oil sectors are watching closely. If the November hearing overturns the earlier judgment, it could set a precedent for other specialised institutions seeking union representation for senior staff. Conversely, a reaffirmation of the 2022 decision would reinforce the current legal separation between academic seniority and industrial unionism in Nigeria.

For now, the campus atmosphere remains tense, with staff and students navigating the uncertainty while academic calendars continue. The outcome of the pending case will likely shape not only the labour landscape at FUPRE but also the broader relationship between professional unions and higher‑education institutions in the country.