Controversy as PENGASSAN, NUPENG, Disrupt Academy Activity in FUPRE Despite Court Judgment Prohibiting Petroleum-based Unions

Despite the 2021 judgment of the National Industrial Court of Nigeria which dismissed a case filed by PENGASSAN seeking recognition as a union within Federal University of Petroleum Resources, Effurun (FUPRE) in Delta State, the petroleum-based unions, are up in arms against the institution, thus disrupting it smooth academic operations.

This comes as leadership of NUPENG and PENGASSAN Warri Zone in the early hours of Wednesday July 23 dared the Vice Chancellor, Prof. Ezekiel.O. Agbalagba as they picketed the institution.

Members of the unions led by Afolabi Olawale, General Secretary of NUPENG, and Lumumba Okugbawa, General Secretary of PENGASSAN, had stormed the University’s gate at the wee hours of the day and barricaded it with a petroleum tanker.

They beared placards with different inscriptions such as, “Prof. Ezekiel.O Agbalagba Must Go”,”We say No to divide and rule by the Vice Chancellor of FUPRE”,”We say No to victimization”,”We say No to Intimidation”,”Earned allowance is our legitimate right”,” Pay our members earned allowance” and “Prof. Ezekiel.O.Agbalagba cannot teach us Unionism” amongst others.

They blocked the road leading to the school and its main gate with their petrol tankers and trucks as they chanted solidarity songs with their trucks dancing at the entrance gate of the University in a peaceful protest.

The union members are reacting to the circular issued to Staff and Students by the Vice Chancellor, Prof. Agbalagba of which he alerted security agencies of attempt by some elements to disrupt the institution’s academic activities.

In some of their placards, the protesters threatened to escalate the protest nationwide if Prof. Agbalagba does not thread with caution by halting an alleged harassment and victimization of their members

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They also accused him of taking anti-union actions that are “archaic, repressive and provocative.”

The union members were reacting to a memo/circular issued to Staff and Students by Prof. Agbalagba on Monday July 21.

They said the circular with reference number VC/STAF&STDS/25/VOL1, titled “Security Alert and Caution to All Staff and Students”, falsely portrayed union members as a security threat and called for armed security deployment against them.

They rubbished the memo by the Vice Chancellor as they said “it’s not only disgraceful but dangerous”. They lambasted the VC for calling out security personnel against defenseless staff members who are exercising their fundamental rights to freedom of association. According to them, “it’s an unacceptable abuse of power.”

It would be recalled that Prof. Agbalagba in the circular on Monday said; “Be advised that the University Management will not tolerate any action that will jeopardize the peaceful academic environment or undermine the significant achievement of the Visitor,President Bola Ahmed Tinubu(GCFR)administration in maintaining an uninterrupted academic calendar across Nigerian Universities.”

The Vice Chancellor had revealed deliberate attempts by some elements within the university to establish petroleum-based unions, jeopardizing the institution’s smooth academic operations. These efforts are reportedly aimed at disrupting the university’s governance and academic calendar through the promotion of illegal union bodies.

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Findings revealed that the law establishing FUPRE explicitly does not support the formation of petroleum industry-specific unions within the university. FUPRE, recognized as Africa’s first Petroleum University and the sixth worldwide, operates under the oversight of Nigeria’s Ministry of Education, unlike institutions such as the Petroleum Training Institute (PTI) in Effurun, which are directly linked to the petroleum sector.

Sources indicate that certain elements within FUPRE have been advocating for unions like PENGASSAN and NUPENG, which are typically industry-specific. These promoters have even allegedly threatened to make the university ungovernable for Prof. Ezekiel Agbalagba, the newly appointed Vice Chancellor, who is committed to elevating the institution’s global standing.

An investigation revealed that the union advocates have misled the leadership of PENGASSAN and NUPENG into planning protests and picketing activities against FUPRE, despite legal rulings and government directives. Notably, the 2021 judgment of the National Industrial Court of Nigeria dismissed a case filed by PENGASSAN seeking recognition as a union within FUPRE, affirming that the university’s status falls outside the jurisdiction of petroleum industry unions.

Justice B. B. Kanyip, who delivered the ruling, stated, “This action lacks merit and is hereby dismissed,” emphasizing that PENGASSAN could not organize or negotiate on behalf of FUPRE staff. The court further questioned why PENGASSAN sought clarification from bodies that lacked authority over university staff unionization, implying bad faith in their actions.

The Federal Ministry of Labour and Employment, in a letter dated May 7, 2021, reinforced this stance, clarifying that FUPRE does not fall under the jurisdiction of petroleum industry unions. The letter explained that “PENGASSAN cannot organize the senior staff of FUPRE,” as the university is outside their legal scope.

Similarly, the university’s Governing Council, during its 59th meeting, reaffirmed this prohibition, instructing that unionization efforts by PENGASSAN and NUPENG be declined. The letter from the Registrar, Dr. (Mrs.) Jane Omoyine, explicitly stated, “Unionisation of FUPRE staff by PENGASSAN and NUPENG is declined and the matter laid to rest.”

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Despite these clear directives, some stakeholders have reported attempts by promoters of unionization to misinform industry bodies, aiming to incite unrest within the university. This situation has prompted calls from critical stakeholders for intervention by the Federal Government, the Minister of Education, Delta State Governor Rt. Hon. Sheriff Oborevwori, and the Ovie of Uvwie, His Royal Majesty, Dr. Emmanuel Sideso, to preserve peace.

Stakeholders emphasized that the university has no dispute with PENGASSAN or NUPENG and that any unrest is fueled by a few disgruntled staff and external influences. They urged authorities to act swiftly to prevent further destabilization, especially amidst ongoing disputes over recent disbursement of federal academic allowances.

A union leader remarked, “Law and court rulings are clear: FUPRE staff cannot be unionized by petroleum industry unions. We call on authorities to uphold these directives and ensure peace in the institution.”