The Court of Appeal sitting in Ibadan has nullified the 2019 suspension of the National Union of Road Transport Workers (NURTW) in Oyo State, describing the action of Governor Seyi Makinde as unlawful.
Naijaonpoint understands that Makinde had, on May 31, 2019, proscribed the activities of the NURTW across the state, citing breaches of peace and directing the immediate takeover of all motor parks by the government.
Dissatisfied, the union approached the National Industrial Court of Nigeria on July 19, 2021, seeking to have the ban nullified. But the lower court dismissed the suit in March 2022, ruling that it lacked merit.
Through its counsel, Femi Falana (SAN), the union appealed the judgment on April 22, 2022, arguing that the Oyo State Government lacked legal powers to suspend or proscribe a trade union duly registered under the Trade Union Act.
Falana had raised two issues for determination, including “whether the executive governor of Oyo State or his agents are vested with the power to proscribe or suspend the operation of NURTW, which is a trade union registered under the Trade Union Act, CAP T14, Laws of the Federation of Nigeria.”
However, Oyo Attorney-General, Abiodun Aikomo, argued that the ban became necessary following a breakdown of law and order linked to the union’s activities.
Delivering judgment, a three-man panel led by Justice Kenneth Amadi faulted the state government, ruling that it failed to provide evidence of any breach of peace or public order.
Justice Amadi ruled, “Nowhere in the counter-affidavit filed by the respondents at the lower court did they aver that the conduct of the appellant warranted a suspension on the grounds of breach of peace, law, and order.
“I therefore hold that the respondents failed to justify the suspension of the activities of the appellant… I allow this appeal, set aside the suspension on the operations of NURTW in Oyo State. I also set aside the judgment of the lower court.”
Concurring, Justice Biobele Georgewill criticised the government’s handling of the matter, stressing that while the state has the authority to maintain peace, it must act within the law.
He stated, “If the appellant’s activities were violent, that is an illegal act. Then such violent activities can be checked by the state government so that law and order would be restored by the security agencies, including the police.
“But it cannot be resolved by resort to another form of illegality by the state government going outside the lawful channel to use its whims and caprices, by suspending the activities of the appellant, since the state government does not have such powers outside the laws of the land.”
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