In a recent judgment, the National Industrial Court of Nigeria sitting in Lagos has declared the dissolution of the Road Transport Employers Association of Nigeria (RTEAN) executive committee by Lagos State Governor, Babajide Sanwo-Olu, as illegal and unconstitutional.

The court also ordered the immediate reinstatement of RTEAN’s operations in the state, setting aside the appointment of a caretaker body called Parks and Garages Administrators.

The suit, marked NICN/LA/381/2022, was instituted by RTEAN in October 2022, challenging the dissolution of its elected executive committee and the appointment of a caretaker committee by the Lagos State government. Governor Sanwo-Olu, the Attorney-General of the state, Sola Giwa (Special Adviser on Transportation to Sanwo-Olu), the Lagos State Commissioner of Police, and all the appointed members of the caretaker committee were listed as respondents in the suit.

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RTEAN argued that the state government’s actions violated the Trade Unions Act of 2004, as a state cannot interfere in the affairs of a registered trade union. RTEAN’s counsel, Elisha Kurah (SAN), further stated that the dissolution of RTEAN and the takeover of garages by the state government were matters under the jurisdiction of the Federal Ministry of Labour and Employment.

However, the counsel for the state government, Adebayo Haroun, contended that the government did not violate the law and only sought to maintain law and order by creating the caretaker committee in the midst of violence between the unions. Taiwo Kupolati (SAN), counsel for the 5th to 37th defendants, argued that Governor Sanwo-Olu has the authority to maintain peace in the state.

Justice Maureen Esowe, in her judgment, held that the state government’s actions were illegal and unconstitutional, and that the government and the police should have intervened by arresting and prosecuting those responsible for the crisis instead of dissolving RTEAN’s operations and setting up a caretaker committee.

The judge restrained the state government from further interfering with RTEAN’s operations and ordered the police to remove barricades around RTEAN’s secretariat and grant them unrestricted access to their offices.

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Justice Esowe dismissed the defendants’ preliminary objections, stating that the matter was straightforward and did not warrant an exchange of pleadings. The counsel for the state government and the Parks and Garages Administrators, Mr. Kupolati, stated that he would study the judgment and advise his clients accordingly.