APPEAL COURT AFFIRMS MUSA MOHAMMED’S ELECTION AS RTEAN PRESIDENT

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By: Sefiu Ajape 

The Abuja Division of the Court of Appeal has upheld Musa Mohammed as the legitimate Executive President of the Road Transport Employers’ Association of Nigeria (RTEAN).

In its ruling, the three-member panel led by Justice Hamma Barka, with the judgment delivered by Justice Abba Mohammed, dismissed the case brought by Eriyo Osakpamwan. The court deemed the suit “academic” and without “practical value,” as the disputed term (2018–2023) had already ended, and a new election had since taken place.

The panel unanimously concluded that the core issue of the appeal had been overtaken by current events, rendering any further legal proceedings pointless.

Justice Mohammed, in his lead judgment, emphasized that “courts are not venues for academic debate but for resolving live disputes with real legal consequences.”

“A suit is academic when it is of no practical value to the parties involved. The tenure in question expired in 2023, and a new leadership is already in place. This court cannot turn back the clock,” he added.

Concurring with the lead decision, Justice Eberechi Nyesom-Wike observed, “The tenure of Alhaji Musa Mohammed, which is being challenged, elapsed in 2023, while we are now in 2025. This appeal is therefore of no utilitarian value to any of the parties. The appeal before us is now theoretical. Even as at the time the appeal was entered in 2021, there was a live issue between the parties. I concur that the appeal, being academic, ought to be struck out.”

The case stemmed from a 2020 ruling by the National Industrial Court (NIC), which declared the emergence of Osakpamwan and Yusuf Ibrahim Adeniyi as National President and Secretary-General, respectively, as unlawful.

The NIC had validated the decisions taken by RTEAN’s National Executive Council (NEC) in 2018 and 2019, which recognised Musa Mohammed as the association’s authentic leader.

Unhappy with the verdict, Osakpamwan appealed on seven grounds but later dropped six, maintaining only a jurisdictional argument — whether the NIC could proceed without first exhausting the conciliation or arbitration steps outlined in the Trade Disputes Act.

While the Court of Appeal agreed that conciliation should precede litigation, it ruled that the jurisdictional issue was no longer relevant due to the expiration of the contested leadership term.

This decision marks the end of a five-year legal battle over RTEAN’s leadership.

In his response, Mohammed praised the judiciary for delivering justice and thanked RTEAN members for their “patience and loyalty.”

“This ruling is a testament to the strength of our democratic institutions and the resilience of RTEAN’s internal governance. We are moving forward — united, focused, and ready to serve the interests of all transport employers across Nigeria,” he stated.

He also called for reconciliation among members, including former rivals, urging unity and progress within the association.

“Let us put the past behind us and focus on building a stronger RTEAN that will contribute meaningfully to national development,” he added.

RTEAN’s Deputy National President, Muhammed Bishara, also released a statement reaffirming the association’s dedication to “transparency, lawful governance, and the welfare of its members.”

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