The Oyo State Chairman of the National Union of Road Transport workers (NURTW), Alhaji Abideen Olajide Ejiogbe on Tuesday raised the alarm over moves by a former Union leader in Lagos State, Alhaji Musiliudeen Akinsanya (a.k.a MC Oluomo) parading himself as NURTW President to stay clear of union activities forthwith.
Olajide Ejiogbe who spoke with reporters on phone after hearing of a clandestine meeting between Seye Famojuro; MC Oluomo with Chairman Park Management System, Alhaji Tomiwa Omolewa (a.ka. Tommy) in Ibadan alerted the security agents including the Police, DSS and others of fresh moves to set the State on fire by the government’s continuous disobedience to the rule of law which had effectively returned NURTW to motor parks and garages.
According to Ejiogbe, “today’s (Tuesday meeting) hosted by Seye Famojuro where illegal MC Oluomo that courts have severally declared as usurper of NURTW national president office, is a clear contempt of court as photos showed him, Famojuro raising the hands of Tomiwa Omolewa as what?
“The Courts have declared Alhaji Tajudeen Ibikunle Baruwa as our National President and all the law enforcement agents including the presidency is aware of this fact and we now wondering on what ground is MC Oluomo parading himself as union leader? And I, Alhaji Abideen Olajide Ejiogbe remains the Oyo State Chairman of NURTW and the courts have declared the proscription and suspension of our activities by the Governor, Seyi Makinde as illegal, hence our resolve to resume duties, soonest.
“On behalf of our members’ statewide, I am appealing to the Police, DSS, NSCDC and others to be on red alert and call them to order because they are trampling on the rule of law and behaving as law breakers.
“We are law-abiding citizens and we remain committed to the peace of our State. MC Oluomo used to be our former member and junior in the Union and he should be warned to stay clear of Oyo State. And Seye Famojuro should also know that we are not government parastatal and therefore should be warned to allow the recent judgment of the Court of Appeal to take its due course”
Last weekend, following continuous disobedience to the Court of Appeal judgment that declared the proscription and suspension of the activities of the State Chapter of the NURTW in Oyo State as illegal, a Senior Advocate of Nigeria and principal partner, Falana and Falana’s chambers, Mrs Funmi Falana had through a letter addressed to the Oyo state Attorney-General and Commissioner for Justice, Barr. Abiodun Aikomo, faulted the state government for allegedly misrepresenting the judgment of the Appelate Court, which faulted the proscription of the NURTW in Oyo state by the state governor.
Falana, in her letter to Aikomo, insisted that by the court judgment, the State Government neither has power to proscribe nor suspend the activities of the NURTW, which is explicit and without any ambiguity.
She warned the Oyo state government against acts of contempt and deliberate disobedience of a subsisting judgment of the Court of Appeal, which set aside the suspension of the union’s activities in motor parks and garages across the state.
In a strongly worded letter, Falana faulted the state government’s interpretation of the appellate court’s decision, accusing it of substituting its own views for the express and binding pronouncements of the Court of Appeal.
The letter, which was also copied to the Oyo State Commissioner of Police and the State Director of the Department of State Services (DSS), warned that any further refusal to comply with the judgment could lead to contempt proceedings against the Attorney-General and possible disciplinary action before the Legal Practitioners Disciplinary Committee.
According to Falana, the Court of Appeal’s judgment in Suit No: CA/IB/263/2022 – National Union of Road Transport Workers v. Governor of Oyo State & 3 Ors., delivered earlier this year, expressly nullified the suspension imposed by Governor Seyi Makinde on the activities of the NURTW in the state, including the collection of check-off dues at motor parks and garages.
She stated further in the letter, a copy of which was sighted by newsmen that, “It is unfortunate that you have substituted your views for the judgment of the Court of Appeal without any legal basis. In other words, the Court of Appeal never held that NURTW remains suspended from collecting dues from motor parks and garages in the state.
“In view of the clear and unambiguous judgment of the Court of Appeal, you will agree with us that the purported suspension of the activities of the NURTW by Governor Seyi Makinde, including the collection of check-off dues in the parks and garages, has been set aside by the Court.”
Falana further reminded the Attorney-General of the constitutional duty to uphold and enforce appellate court decisions pursuant to Section 287(2) of the 1999 Constitution (as amended), which provides that “the decision of the Court of Appeal shall be enforced in any part of the federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the Court of Appeal.”
The legal practitioner cautioned that failure to obey the appellate court’s ruling would attract serious legal consequences.
“If you are not prepared to comply with the judgment of the Court of Appeal, we shall not hesitate to initiate contempt proceedings against you and report you to the Legal Practitioners Disciplinary Committee for encouraging your clients to treat the judgment of the Court of Appeal with provocative contempt,” she warned.
It will be recalled, that the dispute between the Oyo state government and the NURTW dates back to June 6, 2011, when the state government under former Governor Abiola Ajimobi proscribed the union. The proscription was subsequently challenged at the federal high court, Ibadan, in suit No: FHC/IB/CS/30/12 (Alhaji Lateef Akinsola & Ors v. Governor of Oyo State).
On May 25, 2012, the Federal High Court declared the proscription of NURTW illegal, unconstitutional, null and void, setting aside the order.
Despite that judgment, on May 19, 2019, Governor Seyi Makinde announced the suspension of the NURTW from collecting check-off dues from parks and garages across Oyo state, a move the union later described as another unlawful interference with its lawful activities.
The NURTW challenged the decision before the National Industrial Court (NICN) in Suit No: NICN/IB/41/2021 (National Union of Road Transport Workers v. Governor of Oyo state & Ors). On March 23, 2022, the NICN dismissed the union’s suit, holding that the suspension of its activities in parks did not amount to proscription or de-registration.
The NURTW subsequently appealed to the Court of Appeal, Ibadan Division, which, after reviewing the facts, overturned the decision of the National Industrial Court and ruled in favour of the union.
In the lead judgment, the Court of Appeal held that the Oyo State government failed to justify the suspension of the union’s operations on any lawful ground. The appellate court noted that, “Apart from the mere allegations of breach of peace and intimidation of the citizens by the appellant, nowhere did the Respondents depose to any particular incident or specific conduct of the members of the appellant which occasioned a breach peace, law and order to warrant the suspension of their operations in the state.
The court therefore held that the respondents failed to justify the suspension of the activities of the appellant based on the ground of breach of peace, law and order in Oyo state caused by the appellant. The appellate court therefore allowed the appeal, set aside the suspension on the operations of the appellant in Oyo state and also set aside the judgment of the lower court.”
In a concurring decision, well delivered by, His Lordship, Sir Biobele George-Will, JCA, the appellate court emphatically, decided that the governor lacked any statutory authority to suspend the operations of a registered trade union.
He declared, “The issue here is whether there is any law that authorized, enabled and empowered the 1st respondent to suspend the activities of the appellant, and the answer is a resounding NO! The 1st respondent has no such powers outside the provisions of the law of the land and none of such laws was brought to our attention by the learned Attorney-General of Oyo state.”
Justice George-Will added that rather than unlawfully suspend the union, the governor should have relied on the police to maintain law and order if any breaches occurred.
Mrs. Falana further emphasized that the continued refusal of the Oyo state government to reinstate the NURTW’s lawful operations contravenes the constitution and undermines the sanctity of the judiciary.
She urged the Attorney-General to immediately advise the governor to comply fully with the appellate court’s decision.
