Appeal Court overturns Makinde’s suspension of NURTW in Oyo

By Adejayan Gbenga –

The Court of Appeal sitting in Ibadan, Oyo State, has nullified the suspension of the National Union of Road Transport Workers (NURTW) in the state, declaring the action taken by Governor Seyi Makinde in 2019 as unlawful.

Governor Makinde had, on May 31, 2019, announced the proscription of the union, citing a breakdown of law and order and directing the immediate takeover of all motor parks by the state government.

Dissatisfied with the decision, the union filed a suit before the National Industrial Court of Nigeria (NICN) on July 19, 2021, seeking to overturn the governor’s order. However, the court dismissed the case on March 23, 2022, ruling that it lacked merit.

The NURTW, represented by human rights lawyer Femi Falana (SAN), later appealed the judgment on April 22, 2022, arguing that the state government lacked the constitutional authority to suspend or proscribe a trade union registered under the Trade Unions Act, which falls under the exclusive legislative list of the Constitution.

In his submission, Falana contended that the lower court erred by failing to consider all the issues raised before it and that the governor acted beyond his powers. The Oyo State Attorney-General, Abiodun Aikomo, however, defended the action, insisting that the suspension was necessary to restore peace.

Delivering the lead judgment, Justice Kenneth Ikechukwu Amadi ruled that the Oyo State Government failed to prove that the NURTW’s activities posed any threat to peace or public order. He described the suspension as unjustified and set aside both the state’s directive and the earlier judgment of the Industrial Court.

Concurring, Justice Biobele Abraham Georgewill faulted the state government’s approach, stressing that while it had the responsibility to maintain law and order, it must do so within the confines of the law. He said the government could not resort to “another form of illegality” by suspending the activities of a registered trade union.

The ruling effectively reinstates the NURTW’s operations in Oyo State, marking a major legal victory for the union more than five years after its proscription.