Appeal Court Nullifies Makinde’s Suspension of NURTW in Oyo

The Court of Appeal sitting in Ibadan has nullified the suspension of the National Union of Road Transport Workers (NURTW) by Governor Seyi Makinde’s administration, declaring the action unconstitutional and invalid.

The appellate court, in a unanimous judgment delivered by Justice Kenneth Ikechukwu Amadi, ruled that the Oyo State Government lacked the legal authority to proscribe or suspend a trade union duly registered under federal law.

Governor Makinde had, in May 2019, ordered the suspension of NURTW’s activities across the state, citing security concerns and alleged threats to public peace. The state government subsequently took over the management of motor parks, a move that sparked controversy among union members.

Unconvinced by the state’s justification, the NURTW, through its legal team led by human rights lawyer Femi Falana (SAN), approached the National Industrial Court (NICN) in Ibadan to challenge the government’s decision. However, the NICN dismissed the case in March 2022, holding that the union failed to establish its claims.

Dissatisfied with the verdict, the union appealed the ruling, arguing that the governor’s directive amounted to executive overreach and violated the constitutional right to freedom of association.

Delivering judgment on the appeal, the Court of Appeal faulted the lower court’s position, stating that the state government did not provide concrete evidence showing that the union’s activities posed a real threat to peace or order. The court maintained that mere allegations of unrest could not justify the proscription of a lawful organisation.

Justice Amadi held that the governor’s decision contravened the Trade Unions Act and the Constitution, which guarantee the right of workers to freely associate and operate through recognised unions. The panel therefore set aside the Industrial Court’s ruling and restored the NURTW’s right to operate in Oyo State.

A concurring opinion delivered by Justice Biobele Georgewill stressed that while the state government has the duty to ensure law and order, such responsibility must be exercised within the confines of the law.

With this judgment, the suspension of NURTW’s operations in Oyo State stands voided, and the union may now resume its legitimate functions unless the state government decides to appeal further to the Supreme Court.