The National Industrial Court of Nigeria in Lagos on Tuesday ordered the reinstatement of the operations of the Road Transport Employers Association of Nigeria (RTEAN) in the state, nullifying the state government’s appointment of a caretaker committee.
The government had suspended the operations of the RTEAN in September and constituted a 35-man caretaker committee to take over the operations of the union.
But a lawyer representing the Lagos State government and the Parks and Garages Administrators said they will study Tuesday’s judgment, and act accordingly.
Suit
The RTEAN instituted the suit with ID number: NICN/LA/381/2022, in October 2022 to challenge the state government’s dissolution of the elected executive committee of the union in the state and appointing a caretaker body, known as the Parks and Garages Administrators.
The defendants in the case are the state governor, the attorney-general of the state and Sola Giwa, who is the Special Adviser to the state governor on transportation.
Others include the commissioner of police and all the members of the caretaker committee.
In January, the union through its lawyer, Elisha Kurah, had argued that a state cannot interfere in the affairs of a trade union registered under the Trade Unions Act of 2004.
He said that the state cannot dissolve the union, adding that such matters are handled by the Federal Ministry of Labour and Employment.
“The government dissolved RTEAN, suspended its operations and took over the garages,” he said.
“The union is challenging Lagos State since union matters are under the federal ministry,” he said.
But, Adebayo Haroun, representing the state government had argued that the government did not violate the law or dissolve the national body’s operations in the state, but had sought to maintain law and order by creating the ad-hoc committee when violence ensued between the unions.
The lawyer for the fifth to the 37th defendants, Taiwo Kupolati, in his arguments, said Babajide Sanwo-Olu, the governor, has the power to maintain peace in the land.
“There was a crisis and the governor exercised his authority as the chief security officer of the state and put up a committee to be in charge of garages for peace to reign.
“The government issued a document to ensure public safety and order. And since the ad-hoc committee was set up, there has been peace,”
The lawyers also filed notices of preliminary objections, urging the court to dismiss the suit brought by way of originating summons, in view of the conflicting facts deposed to by the parties.
There was no appearance nor filing of court processes by the Nigeria Police Force in Lagos, who are the fourth defendants.
The judge, Maureen Esowe, held that the act of the state government in suspending the national unions operations in the state and setting up a caretaker committee is illegal and against the provisions of Sections 4 (1), (2)& (3), and 5 (1) &(3), read along with item 34 of the exclusive legislative list, of the 1999 Constitution, as amended.
She held that the government and the police should have intervened by arresting and prosecuting those behind the fracas and not to inquire into the dispute.
The court also restrained the state government from further interfering with the operations of the union’s executives.
The court ordered the police to refrain from intimidating the union’ s officers and to remove all barricades it imposed around their secretariat and to grant them unhindered access to their offices.
The judge also dismissed the defendants’ preliminary objections to the suit, saying the matter is straightforward which the court has jurisdiction to hear and determine, with no serious dispute to warrant an exchange of pleadings.
In his reaction to the judgment, Mr Kupolati said he would study the judgment and advise his clients accordingly.
The state counsel, Adekunle Laditan, told the court that the state, being a law abiding government, would also study the decision.
