LAGOS—THE Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) and the National Union of Petroleum and Natural Gas Workers (NUPENG) have asked a Federal High Court sitting in Lagos, to dismiss the suits brought against them by Shell Petroleum Development Company (SPDC), saying that the court has no jurisdiction to hear the matter.
Shell is seeking to restrain its workers, under the aegis of PENGASSAN and NUPENG from embarking on a strike action to protest perceived management’s anti workers policies.
PENGASSAN and NUPENG however in separate notices of preliminary objection to the suits, asked the court to dismiss the suits, contending among other things that the court does not have the jurisdiction to hear the suits.
Meanwhile, the court yesterday adjourned till December 15, 2004 further hearing in the matter.
At the resumed hearing in the matter, counsel to Shell, Chief Richard Akinjide (SAN), told the court that he was a day earlier, served with voluminous court papers by counsel to PENGASSAN, and that he needed to contact his client (Shell) before he could respond to the said papers.
He said, “I was served with further processes by the defendants and I need to take instructions from my client to respond. I have not been able to finish reading it (the court processes).”
He asked for an adjournment, which was not opposed by PENGASSAN counsel, Sikiru Akerele. Chief Akinjide suggested December 15, 2004, saying that both parties have agreed on that date. The court in turn adjourned the matter to the said date, for hearing in Shell’s application for interlocutory injunction.
In the second case however, between Shell and NUPENG, counsel to NUPENG, Bamidele Aturu, told the court that he had filed his application, which he said had since been served on Shell and he would want the matter to go on.
But Chief Akinjide said he would want the two matters to go on that day, as such the matter should be adjourned to the date earlier fixed for the Shell’s case against PENGASSAN. The court adjourned the matter, saying that at the next adjourned date, Shell application for interlocutory injunction and the preliminary objection filed by NUPENG, would be heard together.
