Court threat looms over NUPENG conference as lawyers warn of contempt, “stillbirth”

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NUPENG’s 6th Quadrennial National Delegates Conference, slated for April 23-24 in Lagos, risks being declared contempt of court as fresh legal fireworks erupt over the exclusion of suspended officers.

In a letter dated April 22, 2026, Dr. Ogwu J. Onoja, SAN, warned the Registrar of Trade Unions to steer clear of the planned election, citing a pending suit before the National Industrial Court, Abuja. The case, NICN/ABJ/140/2026, was filed by Comrade Lucky Etuokwu against NUPENG.

Onoja said a Federal High Court in Port Harcourt had on October 11, 2024 ordered NUPENG to reinstate Etuokwu as National Vice President, Port Harcourt Zone, after his “unlawful suspension.”

“The effect of this judgment is that Comrade Lucky Etuokwu is still a valid member and officer of NUPENG,” Onoja wrote. Yet, he said, NUPENG General Secretary Afolabi Olawale signed the conference notice “with the clear intention of excluding Comrade Lucky Etuokwu and other perceived enemies.”

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Under Rule 7(b) of the NUPENG Constitution, Etuokwu is eligible to contest, the SAN argued.

Onoja warned that any move by NUPENG or the Registrar to proceed would “undermine the authority and sanctity” of the court. He invoked the _lis pendens_ doctrine, citing _Ojukwu v. Governor of Lagos State (1986)_, and said the court could “wield its big stick” and set aside steps taken in defiance.

Beyond Etuokwu’s case, stakeholders say multiple appeals are still pending. These include: NUPENG’s appeal against Etuokwu at the Court of Appeal, Port Harcourt; Comrade Alex Ikechi Agwanwor’s appeal in Abuja over his suspension and expulsion; and Comrade Lucky Osesua’s appeal in Port Harcourt. Osesua and 19 others also face criminal charges at the FCT High Court, Maitama, since November 2023.

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The union is split by parallel leaderships, suspensions, counter-suspensions, and duplicated structures, deepening what stakeholders call “confusion and a state of disorientation.”

With court orders outstanding and rival executives in play, prospects for a “credible, transparent, peaceful, free and fair, non-discriminatory, all-inclusive and unifying” conference look dim, observers say.

Some stakeholders are now urging NUPENG to restore internal discipline, respect due process, and rein in General Secretary Afolabi Olawale — or sack him. Without that, they warn, the Lagos conference, if held, could amount to contempt of court and become another flashpoint in NUPENG’s battle for survival.

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