The Court of Appeal sitting in Ibadan has nullified the 2019 suspension of the National Union of Road Transport Workers (NURTW) in Oyo State, declaring Governor Seyi Makinde’s action illegal.
Governor Makinde had, on May 31, 2019, banned the activities of the union across the state, claiming it was necessary to restore peace and security.
The government immediately ordered a takeover of all motor parks by its officials.
Unhappy with the decision, the NURTW filed a suit at the National Industrial Court in July 2021, seeking to overturn the proscription.
But in March 2022, the court dismissed the case for lacking merit.
The union’s counsel, Femi Falana (SAN), took the matter to the Court of Appeal in April , 2022, arguing that the state government had no authority under the law to suspend or dissolve a trade union duly registered under the Trade Union Act.
During the appeal, Oyo’s Attorney-General, Abiodun Aikomo, defended the ban, claiming it was necessary to prevent further unrest tied to the union’s activities.
However, the appellate court disagreed.
In its judgment, a three-man panel led by Justice Kenneth Amadi faulted the state government for failing to present evidence that NURTW had breached peace or caused disorder.
The court ruled that the government acted unlawfully and set aside both the ban and the earlier Industrial Court judgment.
Justice Biobele Georgewill, who concurred with the decision, criticised the Oyo government’s approach, stating that while the state has powers to maintain peace, it cannot violate the law to achieve that end.
He stressed that any violent acts by union members should be handled by security agencies, not through arbitrary government suspension.
With the ruling, the NURTW’s operations in Oyo State are legally restored, marking a significant victory for the union after years of legal battles.
Source – BarristerNG
(vitalnewsngr.com)
