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Court of Appeal Nullifies Makinde’s Ban on NURTW in Oyo, Declares It Unlawful

Court of Appeal Nullifies Makinde’s Ban on NURTW in Oyo, Declares It Unlawful

The Court of Appeal in Ibadan has struck down the 2019 suspension of the National Union of Road Transport Workers (NURTW) in Oyo State, ruling that the action by Governor Seyi Makinde was unconstitutional and without legal basis.

Governor Makinde had, in May 2019, ordered the suspension of the NURTW’s operations across Oyo State, citing threats to public order and security, and took over the management of motor parks. 

Dissatisfied, the union filed suits at the National Industrial Court, and after losing at the lower tribunal, appealed to the Court of Appeal. The Appeal Court reviewed the evidence and found that the state government did not present any concrete occurrences of violence or conduct by the NURTW warranting such a ban. 

In its leading judgment, Justice Amadi held that the respondents (state government) failed to justify the suspension under grounds of breach of peace, law, and order. The lower court’s decision was set aside, and the union’s operations reinstated. 

Justice Georgewill, in concurrence, affirmed that while states have responsibilities to maintain law and order, such powers must adhere strictly to legal and constitutional boundaries. He indicated that enforcing the law is the duty of security agencies, not executive bans that violate rights. 


This verdict marks a significant check on executive overreach in state governance, reinforcing that trade unions, especially those regulated federally, cannot be suspended on mere administrative pronouncements. It may also rekindle debates about the powers governors have over agencies and organizations under federal jurisdiction. How the state government responds, and whether the union resumes full operations immediately, are developments to watch.

 

Oyomesi Oyo

Oyomesi Oyo

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