AfriPulse
The Court of Appeal sitting in Ibadan, Oyo State, has overturned the suspension of the National Union of Road Transport Workers (NURTW) by the Oyo State Government, declaring the action unlawful and without justification.
In a unanimous judgment delivered by a three-man panel comprising Justices Biobele Georgewill, (Dr.) Kenneth Ikechukwu Amadi, and Fadawu Umaru, the appellate court held that the government failed to establish any concrete evidence of misconduct or breach of peace by the union to warrant its suspension.
Delivering the lead judgment, Justice Amadi faulted the decision of the lower court, which had upheld the government’s action, describing it as a miscarriage of justice.
He noted that the allegations relied upon by the state government were speculative and unsupported by facts.
“I have carefully perused the facts as deposed in the counter-affidavit of the said Tunde Afolabi of the second respondent. Apart from mere allegations of breach of peace and intimidation of citizens by the appellant, nowhere did the respondents depose to any particular incident or specific conduct of members of the appellant which occasioned a breach of peace, law, or order to warrant the suspension of their operations in the state,” Justice Amadi held.
The appellate court therefore allowed the appeal, set aside the suspension of the NURTW’s operations in Oyo State, and vacated the judgment of the National Industrial Court that had earlier affirmed the government’s decision.
Justice Biobele Georgewill, in his concurring judgment, criticised the Oyo State Government’s approach, stressing that while the governor has a constitutional duty to maintain peace and order, such powers must be exercised lawfully.
He held that “if the appellant’s activities were violent, then such acts could be checked by law enforcement agencies, including the police. But the state government cannot, under any guise, resort to illegality by suspending the activities of a registered trade union, since it lacks such powers under the law.”
The legal dispute arose after Governor Seyi Makinde, on 31 May 2019, announced the suspension of the NURTW’s operations across Oyo State, citing concerns over a possible breakdown of law and order. The government subsequently took over the management of all motor parks in the state.
Challenging the move, the union, through its counsel, Mr Femi Falana (SAN), filed a suit at the National Industrial Court in Ibadan on 19 July 2021, in suit number NICN/IB/41/2021, seeking declarations that the suspension was unconstitutional and ultra vires the powers of the state government.
The Industrial Court, however, dismissed the suit on 23 March 2022, ruling that the government had merely suspended, not proscribed, the union’s activities.
Dissatisfied, the NURTW filed an appeal on 22 April 2022, contending that the state government lacked the constitutional authority to suspend a trade union registered under the Trade Union Act, which falls within the exclusive legislative competence of the Federal Government.
In his submissions, Falana argued that the trial court erred in law by failing to consider the substantive issues raised by the union and by relying on incompetent affidavits filed by the respondents. He further contended that the suspension violated the NURTW’s right to freedom of association as guaranteed under Sections 36 and 40 of the 1999 Constitution.
Opposing the appeal, the Oyo State Attorney-General, Mr Abiodun Aikomo, maintained that the suspension was necessary to prevent a breakdown of public order. However, the appellate court disagreed, ruling that the state government provided no proof of any disturbance or specific act of violence linked to the union.
Justice Amadi concluded that the state’s action amounted to executive overreach, stressing that constitutional powers to maintain peace must be balanced against the fundamental rights of citizens and lawful organisations.
Source: Guardian Nigeria | Read the Full Story…
