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Pensioners of Chevron Nigeria (PenCoN) said the company has breached Nigerian Constitution and its own operational tenets in dealing with them.
The Pensioners stated that Chevron Nigeria Limited has no regard for her senior citizens as the retirees have been milked dry and discarded.
Addressing the media at the weekend in Lagos, the group’s president, Comrade Omare Jonathan, accompanied by some of his members, noted that Chapter IV, Section 40 of the 1999 Constitution grants citizens the right and freedom to join any Association of their choice as long as it is registered within the precinct of extant laws.
They noted that Chevron’s operational Tenets 7 and 10, asserted that it shall always comply with local rules and regulations and always involve the right stakeholders in decisions that affect procedures and equipment.
The Pensioners, consequently, insisted that by ignoring them and their choice of selecting a Pension Fund Administrator (PFA) of their own, as well as mismanaging their pension funds, the company is in breach of Nigerian Constitution and its principles.
They, therefore, called on the company to comply with the Constitution and its operational tenets by engaging them as the legal body that represents the Pensioners.
“Chevron as a matter of urgency and importance must comply with the Constitution of Nigeria and Chevron’s Operational tenets 7 and 10 by engaging the PenCoN immediately.
“It has to recognise PenCoN and start implementation of dues deduction at source.
“And it must immediately stop everything concerning Chevron Nigeria Custodian Pension Fund Administrators (CNCPFA) outsourcing until fund owners are engaged and alignment reached,” they said, adding that federal agencies such as the National Pension Commission, Customs, etc must be held accountable to discharge their statutory duties to Nigerians.
They warned that failure to comply with their demand will make them approach the court for redress against the company.
The group recalled: “In 2007, when the decision to either use in-house closed pension or use an external PFA, management had a robust discussion with the workforce through the Unions. Same was true on the choice between Defined Benefit and Contributory Pension Schemes.
“Now, 16 years later, it is the management’s prerogative to move our funds to a third party after reinvesting the same into her business. Chevron is preparing the coast for divestment and cashing out.”
Giving historic perspective to the dispute, the group said when in 2007 the Pension Reform Act came into being, rather than allow them go for contributory pension scheme where their money could generate income for them, Chevron deployed subtle fear mongering of the safety of their funds to convince them to remain with defined benefits, where their money remained with them for reinvestment into their business.
This arrangement, they said, was okay as long as PENGASSAN’s negotiated 60 per cent accrued to retirees.
“But they unilaterally yanked off this cushion that ameliorated the impact of rapidly crashing Naira. It became so bad that people who left service when N90 was to a dollar kept receiving the same thing even when naira crashed to N1000.
“In all of these, the Chevron Retiree Association of Nigeria (CRAN) which they force-fitted all Chevron retirees was silent while retirees were dying in penury. This quickly raised our suspicion.
“On closer scrutiny, it was observed that CRAN was registered as a limited liability company and not as a trade union or pressure group. It is this limited liability company that is meant to make profit and not to represent workers that Chevron has been deducting our dues and paying in the last 29 years.
This fundamental defect was favourable to Chevron as it made it impossible for CRAN to challenge them for anything. To CRAN, Chevron is an angel and can do no evil.
“Hence Chevron could unilaterally yanked off our negotiated 60 per cent yearly cushion and nothing happened.
“Last year, to strengthen retiree representation, many retirees who were no longer comfortable with the fraudulent conspiracy decided to form another Association.
“They wrote Chevron withdrawing from CRAN and directed that their dues be deducted at source and paid to their new Association – PenCoN,” they said, regretting that the company has refused to recognise them.
Also speaking, counsel to the Pensioners, Mr Evans Ufeli said he had through a letter dated October 3, 2023 to PenCom directed its attention to the provision of Section 23(h) of the Pension Reform Act 2014, which states that: “The commission shall receive, investigate and mitigate complaints of impropriety made against any pension fund Administrator, custodian, employer, staff or agent.”
Ufeli said he also pointed out the powers of the Commission under Section 24 (g), of the Pension Reform Act 2014, which unequivocally provides that: “The commission shall have the power to- (g) Impose administrative or civil sanctions or fines on erring employers or Pension Fund Administrators or pension fund custodians,” and regretted that PenCom has refused to do its job on the matter for reasons best known to it.
When The Guardian contacted Femi Abode of Chevron for reaction, he declined comment but referred The Guardian to Mrs Joy Emeghara whose number was unreachable and WhatsApp messages not responded to.
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