‘FUPRE Not Under PENGASSAN, NUPENG Jurisdiction’

The law establishing the Federal University of Petroleum Resources, Effurun (FUPRE), in Delta State, has shown that the institution is not legally permitted to host petroleum-based unions such as PENGASSAN and NUPENG.

This follows renewed efforts by some individuals to disrupt the university’s academic stability by promoting unauthorised union activities.

Despite FUPRE’s name and focus on petroleum education, the institution falls under the jurisdiction of the Federal Ministry of Education, not the Ministry of Petroleum Resources. As such, it is governed like any other Nigerian university and is not entitled to industrial-based union representation. Unlike the Petroleum Training Institute (PTI), which falls under the Ministry of Petroleum, FUPRE is subject to education-sector union regulations only.

Investigations revealed that certain actors within the university are pushing for the recognition of petroleum-sector unions. These individuals have allegedly misinformed the leadership of the Petroleum and Natural Gas Senior Staff Association of Nigeria, PENGASSAN, and the Nigeria Union of Petroleum and Natural Gas Workers, NUPENG, urging them to picket FUPRE in an attempt to pressure the newly appointed Vice-Chancellor, Professor Ezekiel Agbalagba.

In a major legal blow to the union campaigners, the National Industrial Court of Nigeria in Abuja, in a 2021 judgment, dismissed PENGASSAN’s bid to unionise FUPRE’s senior staff. In the suit marked NICN/ABJ/319/2021, Justice B.B. Kanyip ruled that PENGASSAN lacks jurisdictional authority over the university. The court emphasised that the claimant, while legally recognised within the oil and gas sector, has no right to organise or negotiate on behalf of university staff.

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Justice Kanyip stated: “On the whole, I find no merit in this action as far as the claimant is concerned. It fails and so is hereby dismissed.” He further criticised the union’s approach: “The claimant needs to be reminded that he who comes to equity must come with clean hands.”

The court’s judegment aligned with an earlier directive from the Federal Ministry of Labour and Employment. In a letter dated May 7, 2021, signed by Director O. U. Akpan on behalf of the Minister, the ministry clarified that FUPRE lies outside PENGASSAN’s jurisdiction as defined by the Trade Unions Act Cap T14 LFN 2004. The letter clearly stated that the union “cannot organise the senior staff of FUPRE.”

Echoing this stance, the university’s Governing Council, at its 59th regular meeting on October 25, 2024, reaffirmed the prohibition of unionisation efforts by PENGASSAN and NUPENG. A letter signed by Registrar Dr. (Mrs.) Jane Omoyine informed the unions that their requests had been considered and firmly declined: “Unionisation of FUPRE staff by PENGASSAN and NUPENG is declined and the matter laid to rest.”

Despite these legal and administrative positions, insiders say promoters of these unions continue operating unofficially and have attempted to mislead national union bodies. There are concerns that these actions are aimed at inciting unrest, especially in light of the recent release of academic allowances by the Federal Government.

Sources close to the matter alleged that the union campaigners remained dormant during the tenure of the previous Vice-Chancellor but resurfaced with fresh demands under Professor Agbalagba’s leadership, expecting him to endorse their illegal activities. He reportedly declined, citing court rulings and federal directives.

Stakeholders, including community leaders and education officials, are urging urgent intervention by the Minister of Education, Delta State Governor Rt. Hon. Sheriff Oborevwori, and the Ovie of Uvwie Kingdom, HRM Dr. Emmanuel Sideso, Abe I, to safeguard FUPRE’s peace and academic integrity.

One university union leader affirmed: “The Minister of Education made it clear that industrial unions cannot organise within universities, and the court upheld this. The unionists pushing this agenda are undermining legal and institutional processes.”

The Presidential and Vice-Presidential Visitation Panels also reinforced the court’s position, directing FUPRE’s Governing Council to avoid recognising unions not sanctioned by education-sector guidelines. Despite repeated rulings, warnings, and directives, those backing petroleum-sector unionisation at FUPRE have refused to relent, raising fears of further disruption unless higher authorities step in.