By Stephen Gbadamosi, Ibadan
A huge uproar today greeted the Court of Appeal, Ibadan Division’s restoration of the operations of National Union of Road Transport Workers (NURTW) in Oyo State.
The court declared the action taken by State Governor Seyi Makinde in 2019 proscribing the union as unlawful.
Governor Makinde had, on May 31, 2019, proscribed the activities of the NURTW in the state, citing a breach of peace and announcing the immediate takeover of all motor parks by the state government. The government subsequently established a Park Management System (PMS).
Challenging the move, the union filed a suit at the National Industrial Court of Nigeria (NICN) on July 19, 2021, seeking to nullify the governor’s order.
However, the court dismissed the suit on March 23, 2022, stating that it lacked merit.
Dissatisfied with the judgment, NURTW filed an appeal on April 22, 2022, arguing that the state government lacked the legal authority to suspend the operations of a trade union registered under the Trade Union Act CAP T14, Laws of the Federation of Nigeria.
The union’s counsel, Mr. Femi Falana, SAN, raised two issues for determination which bordered on the lower court’s failure/neglect to consider, resolve and pronounce on all issues legitimately raised and canvassed by the appellant’s counsel not occasioning a miscarriage of justice on the union and whether the Governor of Oyo State or his agents were vested with the power to proscribe or suspend the operations of NURTW in the state, which is a trade union registered under Trade Union Act CAP T14 Law of the Federal Republic of Nigeria.
The union’s counsel further argued that it was trite that a court rendered a decision on every issue properly raised before it.
The appellant argued that the trial court erred in law to reach its decision without considering the merit of the case, in line with objection raised by the union against the State government’s counter-affidavit.
While the Attorney-General of Oyo State, Mr. Abiodun Aikomo, argued that the suspension of NURTW was as a result of a breakdown of law and order, Falana countered by submitting that there was no evidence of any breakdown of law and order.
Falana also questioned the power of Gov. Makinde to suspend the NURTW, as all trade unions were in the exclusive legislative list of the Constitution of the Federal Republic of Nigeria, 1999, as amended.
The three-man panel, in its lead judgment delivered by Justice Kenneth Ikechukwu Amadi, ruled that the Oyo State government failed to provide evidence of any breach of peace or public order that would justify the suspension of the union’s activities.
“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 based on the ground of breach of peace, law and order in Oyo State caused by the union. 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,” the judge held.
Justice Biobele Abraham Georgewill, concurring with the lead judgment, criticised the state government’s handling of the matter.
He emphasised that while the state had the authority to maintain law and order, it ought to do so within the confines of the law.
“In the leading judgment, it has been demonstrated that the respondents did not prove the existence of any acts of violence against the appellant by merely mouthing violence in its counter-affidavit without setting forth the acts of the appellant and concrete evidence to show the acts and conduct that be categorised as violent.
“Now, if the appellant’s activities were violent, that it is illegal act; then, such violent activities can be checked by the state government, so that the law and order would be restored and maintained by the relevant 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 any such powers outside of laws of the land,” he held.
However, residents of the state appear not to be at peace with the judgment. Public affairs analyst have held that since the proscription of NURTW, the state had witnessed relative peace.
*PHOTO CAPTION: Gov Makinde.
