The Court of Appeal sitting in Ibadan has nullified the 2019 proscription of the National Union of Road Transport Workers (NURTW) by Oyo State Governor, Seyi Makinde, describing the action as unconstitutional and beyond the powers of the executive arm.
Governor Makinde had, on May 31, 2019, announced the suspension of the union’s activities across the state, citing threats to public peace and order, while directing the immediate takeover of motor parks by the government.
Dissatisfied with the decision, the NURTW approached the National Industrial Court in 2021, urging it to overturn the ban. However, the court dismissed the union’s case in March 2022 for lacking merit.
The union, represented by human rights lawyer, Mr. Femi Falana (SAN), then proceeded to the appellate court, contending that the governor acted outside his legal authority. Falana argued that the NURTW is a duly registered trade union under the Trade Union Act, and therefore cannot be proscribed or suspended by any state governor.
The Oyo State Government, represented by the Attorney-General, Mr. Abiodun Aikomo, countered that the action was taken to restore peace following alleged unrest linked to the union’s operations.
Delivering judgment, the three-man panel led by Justice Kenneth Amadi faulted the state government’s claims, insisting that there was no concrete evidence linking the NURTW to any breach of peace.
“Nowhere in the counter-affidavit filed by the respondents did they aver that the conduct of the appellant warranted a suspension on the grounds of breach of peace or law and order,” Justice Amadi stated.
He ruled that the Oyo State Government failed to justify its action, declaring that the suspension was unlawful. “I therefore allow this appeal and set aside the judgment of the lower court, as well as the suspension of the NURTW’s operations in Oyo State,” he held.
Concurring with the lead judgment, Justice Biobele Georgewill criticised the government’s approach, warning that no authority should act outside the bounds of the law under the guise of maintaining order.
“In a democracy, no government has the right to substitute legality with executive discretion,” Justice Georgewill declared. “If any union engages in unlawful acts, the appropriate response lies in lawful policing—not arbitrary suspension.”
