The Lagos State Division of the National Industrial Court (NIC), presided over by Justice Maureen Esowe, has dissolved the MC-Oluomo led State Parks and Garages Administration and directed the reinstatement of the operations of the Road Trans- port Employers Association of Nigeria (RTEAN) in the state.
It would be recalled that RTEAN had instituted the suit designated NICN/LA/381/2022 in October 2022 to challenge the Lagos State government for allegedly dissolving the elected executive committee of the union in the state and appointing a caretaker body, known as the Parks and Garages Administrators.
Joined as defendants in the legal action are the Governor, the Attorney-General of the state and the Special Adviser to the state governor on transportation, Sola Giwa. The 4th-37th defendants are the Commissioner of Police, Lagos State, and all the members of the caretaker committee.
The union through their counsel, Elisha Kurah, SAN, had argued that a state cannot interfere in the affairs of a trade union registered under the Trade Unions Act of 2004.
The SAN, who added that the state cannot dissolve the union, insisted that such matters are handled by the Federal Ministry of Labour and Employment. Kurah said, “The government dissolved RTEAN, suspended its operations and took over the garages.
“The union is challenging Lagos State, since union matters are un- der the federal ministry.” But, the lawyer for the state government, Adebayo Haroun had contended that the government did not violate the law nor 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. Counsel for the 5th to the 37th defendants, Taiwo Kupolati, SAN, in his arguments, said Governor Babajide Sanwo-Olu 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 or- der, and since the ad-hoc committee was set up, there has been peace.” Both counsel 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 or filing of court processes by the NPF, Lagos. In handing down her judgment, Justice Esowe held that the act of the Lagos State government in sus- pending 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. The judge declared that the government and the Police should have intervened by arresting and prosecuting those behind the fracas, and not to inquire into the dispute. Justice Esowe equally restrained the state government from further interfering with the operations of the union’s exco.
