Union Crisis: Ripples in NMDPRA as PENGASSAN members demand free, fair elections

A power struggle has erupted within the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) division of the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA).

Union members are demanding free and fair elections, alleging that PENGASSAN’s National President Festus Osifo is attempting to exert control over the branch.

The union workers who do not want to be named for fear of victimisation, told PREMIUM TIMES that the controversy dates back three years when Mr Osifo unilaterally appointed leaders of the NMDPRA chapter without elections.

Although, they said members initially accepted the arrangement due to the agency’s novelty, they expected a free and fair election after the appointed leaders’ tenure lapsed.

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Instead, the union members claimed Mr Osifo has appointed a caretaker committee comprising his loyalists, disregarding the majority’s demand for a hybrid election.

A group of 523 concerned members of the NMDPRA branch, in a letter dated 4 July, addressed to the NMDPRA Chief Executive, have rejected a caretaker committee constituted by the PENGASSAN National Secretariat.

The members, in the letter titled ‘Notification of rejection of unconstitutional caretaker committee with reference no: PENG 47/IR-EX000585/025’, claim that the committee’s composition contravenes the 2022 PENGASSAN constitution, particularly provisions relating to branch autonomy, tenure expiration, and the lawful process for conducting elections.

“Following a thorough review and due consultation, we wish to state, unequivocally, that the said caretaker committee is illegal, unconstitutional, and of no effect.

“Its composition contravenes key provisions of the 2022 PENGASSAN Constitution, particularly those relating to Branch autonomy, tenure expiration, and the lawful process for conducting elections after the expiration of the Branch Executive Council’s tenure,” the letter read.

The concerned members argue that the caretaker committee is invalid and ultra vires, as Section 31.4 of the PENGASSAN constitution only allows for its constitution in the event of a dissolution of the Branch Executive Committee (BEC), not upon mere expiration of tenure.

“We would like to respectfully remind Management that Section 31.4 of the PENGASSAN Constitution allows the constitution of a caretaker committee only in the event of a dissolution of the BEC, not upon mere expiration of tenure. The tenure of the Ayo-led BEC expired on May 27, 2025, and was never dissolved. Therefore, the appointment of a caretaker committee is invalid and ultra vires,” the concerned members said.

The members emphasise that union officers derive legitimacy through elections, not appointments, citing Section 34.15 of the constitution.

“The imposition of unelected individuals contradicts this fundamental principle and undermines democratic processes, member participation, and Branch sovereignty.”

According to the letter, a branch congress was held on 14 June, where a Branch Electoral Committee (ELECO) was constituted to conduct branch elections in accordance with the constitution.

The members advise management to dissociate itself from the purported caretaker committee, which lacks constitutional legitimacy.

“We strongly advise management to refrain from engaging or transacting any official business with members of the unconstitutional committee. Respect and support the lawful electoral process already underway, being conducted by a duly constituted ELECO,” they said.

Caretaker Committee response

A disclaimer letter dated 9 July, with reference number ‘PENG/LEGAL/NMDPRA/07/2025’ and signed by the Secretary of the Caretaker Committee of the NMDPRA branch, said PENGASSAN disassociates itself from the letter dated 4 July 2025, titled ‘Notification of Constitution of Branch Electoral Committee (ELECO) and Intention to Proceed with Branch Elections in Accordance with the Constitution.’

The caretaker committee explained that this letter, allegedly authored by the “Concerned Members” group lacks any constitutional recognition or mandate within the union’s structure.

“Their actions and statements do not represent the officially constituted organs of the NMDPRA Branch, nor do they possess the authority to issue directives, initiate electoral processes, or reject National Secretariat decisions.

“The purported constitution of a Branch Electoral Committee (ELECO) and plans to proceed with Branch elections without the knowledge, supervision, or ratification by the National Executive Council (NEC) or Central Working Committee (CWC) is unconstitutional, null, and void,” it said.

The committee further explained that Sections 11.3.3 and 11.8.6 of the constitution do not supersede the NEC’s oversight authority, especially in the absence of a functioning BEC and in light of efforts by the national secretariat to institute order through the caretaker committee constituted on 27 June 2025.

The letter noted that the interpretation that a caretaker committee can only be constituted upon dissolution of a branch executive council, and not upon expiration of tenure, is legally flawed.

“In the absence of a validly elected successor BEC, the NEC retains the constitutional power to protect the continuity and governance of the Branch by instaling a transitional caretaker committee. Invoking the “doctrine of necessity” as justification for unilateral action is misleading and inconsistent with both the union’s internal governance structure and applicable Nigerian labour laws.

“The failure to comply with Schedule 3.3 timelines does not confer autonomy to unrecognised entities or excuse breach of internal protocols.

“PENGASSAN remains committed to transparency, democratic processes, and constitutional order. The Branch will continue to defend the integrity of the Union and protect it against any internal or external acts of sabotage, misinformation, or institutional subversion,” the committee said.

PENGASSAN clarifies position on crisis

When PREMIUM TIMES contacted Mr Osifo, he couldn’t be reached, and a text message sent to him wasn’t responded to as of press time.

Meanwhile, speaking to PREMIUM TIMES on Thursday morning, PENGASSAN General Secretary, Lumumba Okugbawa, said the branch executive council’s tenure had elapsed, and a caretaker committee was appointed in line with the constitution.

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Mr Okugbawa emphasised that the appointment is constitutional and that the caretaker committee will conduct elections within three months.

He noted that Mr Osifo, as the head of the association, has the authority to make inputs and provide guidance, stressing that the association’s position is clear, and members should respect the constitutional process.

“First of all, I want to tell you that it’s not from the branch, you can look at the letterhead. It said concerned members: we have orders of government, orders in the association, and the branch Executive Council is one of them. The tenure of that branch elapsed, and the council was dissolved and a caretaker committee was appointed. What is wrong with that? It’s in line with the constitution.

“So, the caretaker will be there for three months and conduct elections. Osifo is the president of the association, and he can make input and everything, but this is the association’s position. So, don’t let people that are not bonafides or appointed to speak on behalf of the branch to be talking anyhow.

“If a member has a grievance, there are procedures in the constitution that he has to follow. The letterhead is not for the branch. It should not be quoted as an NMDPRA branch. Some people took letterhead, which is also an offence. So, if they want to play their politics, they should go somewhere and play their politics and not drag the good name of the president or the national secretary into it,” he said.