Court to hear PENGASSAN case Sept 25th

September 25, 2014 has been fixed for the hearing of a suit filed against the Natural Gas Senior Staff Association of Nigeria (PENGASSAN), by Messrs John Nwanosike and Jonathan Omare who have alleged a breach of their fundamental rights.

Justice Kenneth Amadi of the National Industrial Court (NIC) sitting in Lagos, announced last week that all pending applications will be heard on afore-mentioned date to enable parties regularise.

The Defence Counsel, Sola Iji, had at the last sitting, informed the court that he had just filed his processes before the court, in answer to the claimant’s suit. In response, Counsel to the claimant, Festus Aifeyodion, told the court that he had yet to be served with the processes of the defence, but had urged the court to proceed with hearing of his motion.

The judge however asked the parties to return on the said date for hearing.

 The claimants, who are members of the Chevron branch of the Association, are seeking an order restraining the defendants from holding any delegates’ conference, pending the determination of the suit. Joined as defendants in the suit are, PENGASSAN, its Chevron Branch, Esanubi Frank and Ayanate Kio.

In their affidavit, the claimants averred that they were duly elected as delegates to the PENGASSAN conference, adding that their tenure was valid for a term of three years and that the defendants, cancelled their names as delegates before the expiration of their tenure, thereby denying them the right to vote and be voted for at the conference.

They also claim that in a bid to prevent them from exercising their franchise, the second and third defendants set up a disciplinary committee to try them after they expressed the fear that their rights were being trampled.

According to them, the panel declared them guilty even when there was no evidence against them, as to the commission of any offence.

The claimants therefore seek a declaration that the removal of their names as delegates to the Zonal conference and National Conference, was unconstitutional.

They have also asked the court for an order mandating the defendants to include their names, as delegates and an order of perpetual injunction, restraining them from holding the conference, until the illegality occasioned by their removal was redressed.

Justice Amadi had on June 23, issued an interim order, restraining PENGASSAN from holding its conference, until the suit is determined.

The court had then adjourned the suit for hearing of the motion.

It will also be recalled that the claimants had initially commenced the suit before a Federal High Court in Lagos but had to file a notice of discontinuance, following an objection raised by the defendants.

The defendants had challenged the jurisdiction of the Federal High Court to hear the suit, which they claim was labour related.

Consequently, the claimants instituted a fresh suit before the NIC, by way of ex-parte application, seeking similar reliefs.