The Vice Chancellor of the Federal University of Petroleum Resources (FUPRE), Prof. Ezekiel O. Agbalagba, has stated that it is “inappropriate” and “potentially contemptuous” for PENGASSAN to take self-help measures, like blocking university entrances, while the issue is still pending in court.
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The university leader made this statement during a press conference at the Nigeria Union of Journalists (NUJ) Secretariat, Warri Correspondents’ Chapel. Prof. Agbalagba sought to clarify recent misleading and unfounded reports regarding union recognition and associated legal matters involving the union.
Agbalagba detailed that in 2021, PENGASSAN filed Suit No. NICN/AB/319/2021 at the National Industrial Court in Abuja against ASUU, SSANU, NAAT, FUPRE, and the Federal Ministry of Labour and Employment.
In the originating summons dated 21st November 2021, PENGASSAN asserted, based on Section 11 of the FUPRE Establishment Act, 2017, that it was the legitimate union to represent senior staff members of the university. Section 11 specifies that the conditions of service for university employees should be comparable to those in the oil and gas sector to attract top talent.
Nevertheless, even though the defendants did not submit any defense, the court, in a significant ruling delivered by Hon. Justice B.B. Kanyip on 30th March 2022, decisively determined that PENGASSAN is not entitled to unionize senior staff at FUPRE.
The court highlighted that the Trade Unions Act regulates union recognition in higher education institutions, rather than the conditions of service. It also clarified that the supervisory authority for the university rests with the Minister of Education, not the Minister of Petroleum, and that the National Universities Commission (NUC) is responsible for establishing the conditions of service.
In light of this ruling, the Federal Ministry of Labour and Employment officially confirmed that PENGASSAN cannot legally unionize senior staff within a university context in accordance with the Tra