Pensioners claim Chevron violates Nigeria's constitution

Pensioners of Chevron Nigeria (PenCoN) say the company has violated the Nigerian Constitution and its own operating principles in dealing with pensioners.

Pensioners said Chevron Nigeria Limited does not take into account the elderly as they are being exploited and discarded.

Addressing the media at the weekend in Lagos, the chairman of the association, Comrade Omale Jonathan, accompanied by some members, said that Chapter 4, Section 40 of the 1999 Constitution entitles citizens to join any association of their choice. He said he has the right and freedom to do so. Because it is registered within the scope of current law.

They note that Chevron's Operating Principles 7 and 10 insist on always complying with local rules and regulations and always involving appropriate stakeholders in decisions affecting procedures and equipment. Did.

As a result, the pensioners alleged that the company violated the Nigerian Constitution and its principles by ignoring their choice to choose their own Pension Fund Administrator (PFA) and mismanaging their pension funds. insisted.

They therefore called on the company to comply with the Constitution and its operating principles by engaging as a legal entity representing pensioners.

“As a matter of urgency and importance, Chevron must comply with the Nigerian Constitution and Chevron’s Operating Principles 7 and 10 and engage with PenCoN immediately.

“We need to recognize PenCoN and start implementing withholding tax.

“And everything related to outsourcing of the Chevron Nigeria Custodian Pension Fund Administrator (CNCPFA) must immediately cease until fund owners are engaged and arrangements are made,” they said, adding that the National Pension Commission, Customs, etc. Federal agencies must be held accountable, he added. Fulfilling our statutory obligations to Nigerians.

They warned that failure to comply with their demands would result in a court action seeking relief against the company.

The group recalls: “In 2007, when deciding whether to use an internal closed pension plan or an external PFA, management had a strong discussion with workers through the trade union. The same goes for selection.

“Now, 16 years later, it is management's prerogative to reinvest our funds into her business and then transfer them to a third party. Chevron is preparing to sell and cash out the Coast. There is.”

Given the historical perspective of the dispute, the group argued that when the pension reform law was passed in 2007, rather than allowing them to participate in self-funded contributory pension plans, Chevron He said the company incited subtle fears about the safety of their funds. Convince them to continue with their defined benefit payments, and the money stays with them to be reinvested in the business.

They said the arrangement was fine as long as PENGASSAN paid 60% to the retirees in negotiations.

“But they unilaterally ripped away this cushion that cushioned the rapidly falling naira. It got so bad that the people who left the service when the dollar was 90 naira , I continued to receive the same even when the Naira crashed to 1000 Naira.

“In all this, the Chevron Retirees Association of Nigeria (CRAN), which compulsorily enrolled all Chevron retirees, remained silent as the retirees died in destitution. suspicions have increased.

“Upon further investigation, we discovered that CRAN was registered as a limited liability company, not a union or pressure group. Chevron has deducted and paid our dues for the past 29 years. This is a limited liability company whose purpose is to make a profit and does not represent the workers.

This fundamental flaw worked to Chevron's advantage because it made it impossible for CRAN to challenge anything. For CRAN, Chevron is an angel and he cannot do evil.

“So Chevron unilaterally stripped us of the 60 percent annual cushion we had negotiated and nothing happened.

“Last year, a number of retirees, displeased by the fraud conspiracy, decided to form a separate association to strengthen retiree representation.

“They sent a letter to Chevron informing them of their withdrawal from CRAN and instructing them to withhold membership fees and pay them to the new association, PenCoN,” he said, expressing regret that the company had refused to recognize them. He said that

In addition, Mr. Evans Ufeli, the pensioner's lawyer, through a letter dated 3 October 2023 to Pencom, drew attention to the provisions of section 23(h) of the Pension Reform Act 2014 as follows: said. shall receive, investigate, and alleviate complaints of misconduct against pension fund administrators, custodians, employers, staff, or agents; ”

Mr Ufeli said he also pointed to the Commission's powers under section 24(g) of the Pension Reform Act 2014, which clearly states: “The employer, the pension fund manager or the pension fund administrator made a mistake,” he said, regretting that Pencom had refused to perform its duties on this matter for reasons well known.

When The Guardian contacted Chevron's Femi Abode for reaction, he declined to comment, but referred the Guardian to Joy Emegara, whose phone number could not be reached. There was also no response to WhatsApp messages.

Source: guardian.ng