“Court Blocks Rivers NURTW Branch Demerger” — Rules Merger Valid, Orders Union To Pay N500,000

The Court held that the purported Notice of Demerger of 1st and 2nd Artillery/Rumuodara Minibus Branch from Rumuokoro Roundabout/1st & 2nd Artillery Junction/Rumuodara Minibus Branch dated July 29, 2021, by the National Union of Road Transport Workers, Rivers State Council is not supported by any of the paragraphs of Article 17 (2) of the constitution of the Union.

Justice Kola-Olalere granted an injunction restraining the National Union of Road Transport and 3 others’ workers from demerging Rumuokoro Roundabout/1st and 2nd Artillery Junction/Rumuodara Minibus Branch.

From facts, the claimant- Comrade Egbezor (Suing for himself and as representing NURTW Rumuokoro Roundabout/1st and 2nd Artillery Junction/Rumuodara Minibus Branch, Obio/Akpor Local Government Area of Rivers State had submitted that on July 7, 2021 the NURTW through the 3rd defendant- Comrade Charles sent a letter to the Chairman of Rumuokoro Minibus branch, notifying him of the merger of 1st/2nd Artillery Junction/Rumuodara Minibus Branch with Rumuokoro Minibus Branch to be known as Rumuokoro Roundabout/1st /2nd Artillery Junction/Rumuodara Minibus Branch under the Chairman’s leadership for effective management and better result.

However, on July 29, 2021, the same Comrade Charles on behalf of the NURTW wrote another letter to the Chairman of the new branch notifying him of the demerger of Artillery/Rumuodara Minibus Branch from the Rumuokoro Minibus Branch.

Counsel argued the NURTW and 3 Others can dissolve an existing branch through its State Executive Council but that they do not have the power to demerge any existing branch as they have done in this instant case; going by the provisions of Article 17 (2) of the Union’s constitution.

In response, the defendants- National Union of Road Transport and 3 others contended that the merger they did on July 7, 2021, was contrary to the constitution of the Union as the State Executive Council did not obtain the written approval of the National Body before merging the branches in question; therefore, they wrote another letter to the Chairman of the merged branches to demerge them.

In a well-considered judgment, the presiding Judge, Justice Faustina Kola-Olalere held that by the combined reading and interpretation of the provisions of Article 17 Section 2 (iv) and (x) of the constitution of the National Union of Road Transport Workers, the State Executive Council of the Union has power to merge any one or more branches for reason of delinquency occasioned by distress Upon receipt of a written approval from National Administrative Council.

The Court held that the Comrade Egbezor and others have not done anything wrong in accepting and acting on the merger, because it is clearly in accordance with the provision of their Union’s constitution.

Justice Kola-Olalere reasoned that it is not the duty of the claimant and his branch to begin to query or inquire whether the defendants have obtained the written approval of the National Administrative Council before merging the branches, that it was presumed to have been done in line with the provision of the Evidence Act.

The Court ordered the defendants to jointly pay N500,000.00 Cost of action to the claimant.