Court of Appeal Overturns Oyo Government’s Ban on NURTW
..... restores the union’s right to operate
The Court of Appeal sitting in Ibadan has declared as unlawful the 2019 proscription of the National Union of Road Transport Workers (NURTW) in Oyo State by Governor Seyi Makinde, effectively overturning the decision and restoring the union’s right to operate in the state.
Governor Makinde had, on May 31, 2019, suspended the activities of the NURTW across the state, citing concerns over public safety and alleged breaches of peace. The state government also ordered the immediate takeover of all motor parks, a move that was widely viewed as an attempt to neutralize the influence of the union.
Unwilling to accept the proscription, the NURTW approached the National Industrial Court of Nigeria on July 19, 2021, seeking to nullify the state government’s directive. However, the suit was dismissed by the lower court on March 23, 2022, which held that the case lacked merit.
Not deterred, the union—through its legal counsel, Mr. Femi Falana (SAN)—filed an appeal on April 22, 2022. In the appeal, Falana argued that the Oyo State Government lacked the legal authority to suspend or proscribe a trade union duly registered under the Trade Union Act, CAP T14, Laws of the Federation of Nigeria.
The Court of Appeal, in its recent judgment, upheld the union’s argument and ruled that the proscription was unlawful, stressing that only the federal government has the statutory powers to regulate or dissolve registered trade unions under existing labour laws.
Falana raised two key issues for determination, including “whether the executive governor of Oyo State or his agents are vested with the power to proscribe or suspend the operation of NURTW, which is a trade union registered under the Trade Union Act CAP T14 Law of the Federal Republic of Nigeria.”
However, Attorney-General of Oyo State, Mr. Abiodun Aikomo, argued that the suspension of NURTW was a result of a breakdown of law and order.
In its judgment, a three-man panel led by Justice Kenneth Amadi ruled that the Oyo State Government failed to provide evidence of any breach of peace or public order that would justify the suspension of the union’s activities.
“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.
“I therefore hold that the respondents failed to justify the suspension of the activities of the appellant based on the ground of breach of peace, law and order in Oyo State caused by the union.
“I allow this appeal, set aside the suspension on the operations of NURTW in Oyo State. I also set aside the judgment of the lower court,” Justice Amadi held.
Justice Biobele Georgewill, concurring with the lead judgment, criticised the state government’s handling of the matter.
He emphasised that while the state has the authority to maintain law and order, it must do so within the confines of the law.
He held, “In the leading judgment, it has been demonstrated that the respondents did not prove the existence of any acts of violence against the appellant by merely mouthing violence in its counter-affidavit without setting forth the acts of the appellant and concrete evidence to show the acts and conduct that can be categorised as violent.
“Now, if the appellant’s activities were violent, that it is illegal act, then such violent activities can be checked by the state government, so that the law and order would be restored and maintained by the relevant security agencies, including the police, but it cannot be resolved by resort to another form of illegality by the state government going outside the lawful channel to use its whims and caprices, by suspending the activities of the appellant, since the state government does not have any such powers outside of laws of the land.”
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