Lucky Obukohwo, Reporting
The Court of Appeal sitting in Ibadan has annulled the 2019 proscription of the National Union of Road Transport Workers (NURTW) by the Oyo State Government, declaring Governor Seyi Makinde’s action illegal and unconstitutional.
Recall that Makinde had on Friday, May 31, 2019, suspended the operations of the NURTW across the state, citing frequent breaches of peace in motor parks and directing the government’s immediate takeover of all park operations.
Dissatisfied with the decision, the union decided to seek redress at the National Industrial Court of Nigeria on Monday, July 19, 2021, seeking to void the proscription.
However, the lower court dismissed the suit on Wednesday, March 23, 2022, ruling that it lacked merit.
Through its counsel, Mr Femi Falana (SAN), the union appealed the judgment on Friday, April 22, 2022, arguing that the Oyo State Government had no legal authority to suspend or proscribe a registered trade union under the Trade Union Act, CAP T14, Laws of the Federation of Nigeria.
Falana urged the appellate court to determine whether the governor or his agents possessed the power to suspend or ban the operations of a trade union duly registered under federal law.
In response, the Attorney-General of Oyo State, Mr Abiodun Aikomo, maintained that the suspension was necessitated by a breakdown of law and order allegedly caused by the union’s activities.
Delivering judgment, a three-man panel led by Justice Kenneth Amadi faulted the state government for failing to present any credible evidence of violence or public disorder that warranted such drastic action.
Justice Amadi stated: “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 in Oyo State.
“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 on the operations of NURTW in Oyo State, and also set aside the judgment of the lower court.”
Affirming that, Justice Biobele Georgewill condemned the government’s handling of the situation, pointing out that while the state is empowered to maintain peace and security, it must act strictly within the boundaries of the law.
“If the appellant’s activities were violent, the state government had lawful means to address such through relevant security agencies, including the police.
“However, it cannot resort to illegality by unilaterally suspending the operations of a trade union, as it lacks such powers under the laws of the land”, said