Court of Appeal Nullifies Makinde’s 2019 Suspension of NURTW, Declares Action Unlawful
The Court of Appeal sitting in Ibadan, Oyo State, has set aside the suspension of the National Union of Road Transport Workers (NURTW) in Oyo State, declaring the action taken by Governor Seyi Makinde in May 2019 as unlawful.
Governor Makinde had, on May 31, 2019, announced the proscription of the union’s activities, citing threats to public peace, and directed the immediate takeover of all motor parks in the state by the government.
Dissatisfied with the decision, the NURTW instituted an action at the National Industrial Court of Nigeria (NICN) on July 19, 2021, seeking to nullify the governor’s order. The trial court, however, dismissed the suit on March 23, 2022, holding that it lacked merit.
The union, through its counsel, Mr. Femi Falana, SAN, appealed the ruling on April 22, 2022. The appellant argued that the Oyo State Government lacked the constitutional authority to suspend the operations of a trade union duly registered under the Trade Union Act, CAP T14, Laws of the Federation of Nigeria.
In its submissions, the union raised two key issues: whether the lower court’s failure to consider and pronounce on all issues canvassed amounted to a miscarriage of justice, and whether the governor or his agents had the legal power to proscribe or suspend the operations of a registered trade union.
While the Attorney‑General of Oyo State, Mr. Abiodun Aikomo, defended the suspension on grounds of a breakdown of law and order, the appellant countered that there was no credible evidence of any such breakdown. Mr. Falana further argued that trade unions fall within the exclusive legislative list of the 1999 Constitution (as amended), and therefore outside the powers of a state governor to suspend.
Delivering the lead judgment, Justice Kenneth Ikechukwu Amadi held that the state government failed to provide evidence of any breach of peace or public order to justify its action. He ruled: “Nowhere in the counter‑affidavit filed by the respondents did they aver that the conduct of the appellant warranted suspension on the grounds of breach of peace, law, and order. I therefore allow this appeal, set aside the suspension of the NURTW in Oyo State, and also set aside the judgment of the lower court.”
Concurring, Justice Biobele Abraham Georgewill criticised the state government’s approach, stressing that while the state has a duty to maintain law and order, it must act strictly within the law. He noted that allegations of violence must be substantiated with evidence, and that unlawful executive action cannot replace lawful enforcement by security agencies such as the police.
