The Court of Appeal sitting in Ibadan has overturned the 2019 proscription of the National Union of Road Transport Workers (NURTW) in Oyo State, declaring the action of Governor Seyi Makinde as unlawful.
Governor Makinde had, on May 31, 2019, suspended the operations of the union across the state, citing breaches of peace and directing an immediate government takeover of all motor parks.
Challenging the move, the NURTW filed a suit at the National Industrial Court on July 19, 2021, seeking to reverse the proscription. The court, however, dismissed the case on March 23, 2022, ruling that it lacked merit.
Dissatisfied with the outcome, the union, through its counsel, appealed the decision on April 22, 2022. The core argument was that the state government lacked the legal authority to suspend a trade union registered under the Trade Union Act.
In its judgment, the appellate court, led by Justice Kenneth Amadi, ruled that the Oyo State Government failed to justify the suspension, having presented no evidence of any breach of peace or public disorder caused by the union.
“Nowhere in the counter-affidavit filed by the respondents did they demonstrate that the appellant’s conduct warranted suspension on grounds of public disorder or threat to peace,” Justice Amadi stated.
He added that the appeal succeeded, and the court accordingly set aside both the suspension and the earlier judgment of the lower court.
Concurring with the judgment, Justice Biobele Georgewill criticized the state’s handling of the matter, affirming that although the state has the power to maintain public order, it must act within the bounds of the law.
He emphasized that unproven claims of violence could not be used to justify an unlawful suspension.
“If the union’s activities were truly violent, it was within the purview of the appropriate security agencies to act. The state government cannot respond with illegality by unilaterally suspending a registered trade union,” he ruled.
Post comments (0)