APPEAL COURT OVERTURNS MAKINDE’S SUSPENSION OF NURTW, DECLARES ACTION ILLEGAL
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By Aishat Momoh. O.
The Court of Appeal sitting in Ibadan, Oyo State, has nullified the suspension of the National Union of Road Transport Workers (NURTW) by Governor Seyi Makinde, describing the action taken by the Oyo State Government in 2019 as unlawful and unconstitutional.
Governor Makinde had, on May 31, 2019, announced the proscription of NURTW activities in the state, citing a breach of peace and ordering the immediate takeover of all motor parks by the state government.
Dissatisfied with the decision, the union filed a suit at the National Industrial Court of Nigeria (NICN) on July 19, 2021, seeking to nullify the proscription. However, the lower court dismissed the suit on March 23, 2022, for lacking merit.
The NURTW, through its counsel for Mr. Femi Falana (SAN), subsequently appealed the ruling on April 22, 2022, arguing that the state government lacked the legal authority to suspend or proscribe the operations of a trade union registered under the Trade Union Act, CAP T14, Laws of the Federation of Nigeria.
Falana raised two key issues for determination: whether the lower court’s failure to consider all arguments amounted to a miscarriage of justice, and whether the governor had the power to suspend a trade union whose registration and regulation fall under the exclusive legislative list of the 1999 Constitution (as amended).
He contended that the state government’s claim of a “breach of peace” was baseless and unsupported by evidence. “There was no proof of any breakdown of law and order to justify such drastic action,” Falana argued.
However, the Oyo State Attorney-General, Mr. Abiodun Aikomo, maintained that the suspension was necessary to restore peace, citing alleged unrest linked to the union’s activities.
Delivering the lead judgment, Justice Kenneth Ikechukwu Amadi, held that the state government failed to substantiate its claims of violence or disruption of public order.
“Nowhere in the counter affidavit filed by the respondents did they aver that the conduct of the appellant warranted suspension on grounds of breach of peace, law, and order,” Justice Amadi said.
“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 of the operations of the NURTW in Oyo State, and also set aside the judgment of the lower court.”
Concurring, mmJustice Biobele Abraham Georgewill criticised the state government for acting outside the law, stressing that maintaining peace must be done within legal boundaries.
He stated: “If the appellant’s activities were violent, such acts could have been checked by law enforcement agencies. However, the state government cannot resort to illegality by suspending a legally registered trade union when it lacks the constitutional power to do so.”
The ruling effectively reinstates the operations of the NURTW in Oyo State, ending a six-year legal battle over the union’s suspension and reaffirming that only the federal authorities have jurisdiction over matters relating to trade unions in Nigeria.
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