PenCoN Demands Recognition, Alleges Improprieties

The Pensioners of Chevron of Nigeria (PenCoN) have requested for a full recognition as the sole body for Chevron retirees.

In a letter dated October 3, 2023 to the Chevron Nigeria Closed Pension Funds Administration (CNCPFA), PenCoN through its counsel, Evans Ufeli noted that the body is registered under the Corporate Affairs Commission (CAC) and as guaranteed under the 1999 Constitution (as altered) and under the inherent provision of the right to the freedom of association.

Ufeli argued that Chevron Retirees Association of Nigeria (CRAN) is not registered and constituted as an incorporated Trustee, adding that it only did that after PenCoN had been registered.

Ufeli further argued that CRAN was first formed as an entity, but same, at the time, lacked the legal capacity to represent pensioners (retirees), owing to the unambiguous fact that it was indeed, registered/incorporated as a limited liability company, consequently stripping itself of the legal capacity to represent retirees, while PenCoN was fully incorporated on October 28, 2022, vesting same with full powers and the requisite capacity to represent the interests of retirees who willfully opted for membership of same.

The letter reads: “Your body has failed, neglected and/or willfully refused to recognise our client (having been fully incorporated first with the requisite legal capacity to represent retirees, and properly constituted under the extant laws of the federation) more so, being approved as a legitimate body corporate by the laws of Nigeria as a separate legal, entity distinct from its members, whilst entrenched with the capacity to sue and be sued. In spite of numerous entreaties the same had made to your office in the past for due and deserved recognition, your office/body has yet to deem it fit to reckon with our client in the interest of all concerned.”

Citing some sections of the 1999 Constitution of Nigeria (as altered) Ufeli stated: “Every person shall be entitled to assemble freely and associate with other persons, and in particular, he may form or belong to any political party, trade union or any other association for the protection of his interests.

“In section 16(1)(d), the 1999 Constitution provides that the State shall, within the context of the ideals and objectives for which provisions are made in this Constitution that suitable and adequate shelter, suitable and adequate food, reasonable national minimum living wage, old age care and pensions, and unemployment, sick benefits and welfare of the disabled are provided for all citizens.”

He continues: “In the case under reference, your body by its poignant action, has inadvertently fostered an atmosphere of differences, stimulated by its preference to deal with CRAN at the expense of our client, thereby flaring the embers of hostility, leaving a bitter taste in the mouth of concerned and affected Nigerian citizens, who all gave a better part of their youth and adult lives serving your organisation meritoriously.

“The atmosphere, environment and psychological disequilibrium created so far by your organisation in the case under reference is counter-productive and stemming from the aforestated, it is deducible that these extant constitutional and statutory provisions have all been breached by your organisation therein, owing to your body’s willful neglect of the legal and lawful existence of our client as a lawful entity saddled with aims and objectives therein (for which have been lawfully formulated), as well as switching to engage CRAN, allegedly on behalf of members (retirees), devoid of the due and authorised consent of same, hence our demand letter.”

The lawyer, therefore, demanded that the organisation acts accordingly by paying cognisance to his client, being a duly registered body corporate having its registered office at No. 1, Adenowo Mabadeje Street, Ebute-Igbogbo Road, Ikorodu, Lagos State.

He also called for a forum with them to appraise their grievances of non-recognition of its lawfully constituted management, in the interest and benefit of its members, who happen to be retired staff of the company.

He, therefore, threatened to take legal action if CNCPFA failed to meet or address the letter.

“PenCoN is concerned with the outsourcing of CNCPFA without prior engagement with her members or their representatives. There is no section of the PRA- 2014 that empowers the employer to unilaterally move retirees’ funds from in-house closed pension funds to a third-party pension funds administrator. This will also be tested in the court of law,” Ufeli declared.

November 17, 2023