The Court of Appeal in Ibadan has restored the operations of the National Union of Road Transport Workers (NURTW) in Oyo State, ruling that Governor Seyi Makinde acted unlawfully in suspending the union in 2019.
Governor Makinde had, on May 31, 2019, proscribed the activities of the union across the state, citing breaches of peace and ordering the government’s immediate takeover of all motor parks. Dissatisfied, the NURTW filed a suit before the National Industrial Court of Nigeria on July 19, 2021, seeking to overturn the proscription.
On March 23, 2022, the lower court dismissed the union’s case for lack of merit. This prompted an appeal by NURTW’s counsel, Mr Femi Falana (SAN), on April 22, 2022. Falana argued that the Oyo State Government lacked the legal authority to suspend or proscribe a trade union duly registered under the Trade Union Act, CAP T14, Laws of the Federation of Nigeria.
Among the issues he raised was whether a state governor or his agents possess the power to suspend the operations of a union registered under federal law.
Defending the state, Oyo Attorney-General, Mr Abiodun Aikomo, maintained that the suspension was necessary due to a breakdown of law and order.
Delivering judgment, a three-man panel led by Justice Kenneth Amadi held that the state government failed to present evidence of any breach of peace or public order by the union. He said nowhere in the counter-affidavit filed by the respondents did they show that the appellant’s conduct warranted suspension on grounds of public disorder.
“I therefore hold that the respondents failed to justify the suspension of the activities of the appellant based on breach of peace, law and order in Oyo State caused by the union. I allow this appeal and set aside the suspension of NURTW operations in Oyo State. I also set aside the judgment of the lower court,” Justice Amadi ruled.
Justice Biobele Georgewill, who concurred with the lead judgment, faulted the state government’s approach, stressing that law and order must be upheld within the confines of legality. He observed that the government merely alleged violence without evidence and could not resort to illegality by suspending the union.
“If the appellant’s activities were violent, such acts should be addressed through lawful channels, including security agencies like the police,” George will hold. “The state government cannot use its whims and caprices to suspend the activities of the appellant since it lacks such powers outside the laws of the land.”
The ruling effectively reinstates NURTW’s operations in Oyo State, marking a legal victory for the union after nearly six years of proscription.
