Court of Appeal Declares Makinde’s Ban on NURTW Illegal

The Court of Appeal sitting in Ibadan has struck down the 2019 suspension of the National Union of Road Transport Workers (NURTW) in Oyo State, ruling that the action of Governor Seyi Makinde was unlawful.

Governor Makinde had, on May 31, 2019, proscribed the activities of the NURTW across Oyo State, citing alleged breaches of public peace and directing the government’s immediate takeover of all motor parks.

Dissatisfied, the union approached the National Industrial Court on July 19, 2021, seeking to nullify the ban. However, the court dismissed the suit on March 23, 2022, declaring it lacked merit.

The union, led by its counsel, Mr. Femi Falana (SAN), appealed on April 22, 2022. Falana argued that the state government had no legal authority to suspend a trade union duly registered under the Trade Union Act, CAP T14, Laws of the Federation of Nigeria. He posed the question of whether a state governor could lawfully proscribe a registered union.

On the other hand, Oyo State Attorney-General, Mr. Abiodun Aikomo, defended the suspension, claiming it was necessary to restore law and order.

Delivering the judgment, a three-man panel headed by Justice Kenneth Amadi held that the state government failed to prove any breach of peace or public disorder that would justify the ban. “Nowhere in the counter-affidavit did the respondents provide evidence that the conduct of the appellant warranted suspension,” he said.

Justice Amadi declared, “I allow this appeal. The suspension of the NURTW in Oyo State is hereby set aside, along with the judgment of the lower court.”

Justice Biobele Georgewill, in concurrence, criticised the state government’s approach, noting that while maintaining law and order is the government’s duty, it must operate within legal boundaries. He emphasised that any violent acts by the union could have been addressed through lawful channels, not by unilateral proscription.

The ruling is expected to restore the union’s activities in Oyo State, ending a long-standing legal battle between the NURTW and the state government.