Appeal Court upholds Musa Mohammed’s election as RTEAN President

The Court of Appeal sitting in Abuja has reaffirmed Dr Musa Mohammed as the duly elected Executive President of the Road Transport Employers’ Association of Nigeria (RTEAN), bringing an end to a protracted leadership tussle within the transport union.

Delivering judgment in Appeal No: CA/ABJ/CB/467/2021 on Wednesday, the appellate court struck out the case instituted by Mr Eriyo Osakpamwan, describing it as academic and lacking in practical relevance, as the tenure in dispute (2018–2023) had already lapsed and a fresh election had since been conducted.

The three-member panel, presided over by Justice Hamma Akawu Barka, also included Justices Abba Bello Mohammed and Eberechi Suzette Nyesom-Wike.

The panel unanimously agreed that the subject of the appeal had been overtaken by events and that continuing with the matter would serve no useful legal purpose.

In the lead judgment, Justice Abba Bello Mohammed held that courts are not forums for academic debates but for resolving live disputes with legal consequences.

“A suit is academic when it is of no practical value to the parties involved. The tenure in question expired in 2023, and a new leadership is already in place. This court cannot turn back the clock,” Justice Mohammed said.

Concurring with the lead judgment, Justice Eberechi Suzette Nyesom-Wike said:
“The tenure of Alhaji Musa Mohammed, which is being challenged, elapsed in 2023, while we are now in 2025. This appeal is therefore of no utilitarian value to any of the parties.

“The appeal before us is now theoretical even as at the time the appeal was entered in 2021, there was a live issue between the parties. I concur that the appeal, being academic, ought to be struck out.”

The leadership dispute traces back to a 2020 decision of the National Industrial Court (NIC), which declared the emergence of Osakpamwan and Mr Yusuf Ibrahim Adeniyi as National President and Secretary-General of RTEAN respectively, as illegal.

The court upheld the resolutions of RTEAN’s National Executive Council (NEC) from 2018 and 2019, which recognised Dr Musa Mohammed as the association’s legitimate president.

Dissatisfied with the ruling, Osakpamwan filed an appeal on seven grounds, but later withdrew six, leaving only a jurisdictional question—specifically, whether the NIC had the authority to hear the case without prior recourse to conciliation or arbitration as stipulated in the Trade Disputes Act.

Although the Court of Appeal agreed that such procedural steps should precede litigation, it maintained that the jurisdictional issue was moot, given that the tenure in contention had ended.

The decision marks a definitive end to a five-year legal battle over the leadership of RTEAN.

In his reaction, Mohammed lauded the judiciary for upholding justice and commended RTEAN members across the country for their patience and support.

“This ruling is a testament to the strength of our democratic institutions and the resilience of RTEAN’s internal governance. We are moving forward, united, focused, and ready to serve the interests of all transport employers across Nigeria,” he said.

He also extended an olive branch to all members, including past challengers, urging them to join hands in fostering unity and progress within the association.

“Let us put the past behind us and focus on building a stronger RTEAN that will contribute meaningfully to national development,” he added.

RTEAN, in a statement issued by its national secretariat, reaffirmed its commitment to transparency, lawful governance, and the welfare of its members.

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