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Court orders reinstatement of RTEAN operations, nullifies Lagos govt’s Caretaker committee

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The National Industrial Court of Nigeria sitting in Lagos has made a significant ruling, ordering the reinstatement of the operations of the Road Transport Employers Association of Nigeria (RTEAN) in Lagos State and nullifying the state government’s appointment of a caretaker committee.

This ruling came as a result of RTEAN instituting the suit with ID number: NICN/LA/381/2022 in October 2022, challenging 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.

During the hearing, RTEAN’s counsel, Elisha Kurah (SAN), argued that the state cannot interfere in the affairs of a trade union registered under the Trade Unions Act of 2004. According to him, the state cannot dissolve the union, as such matters are handled by the Federal Ministry of Labour and Employment.

In response, the counsel for the state government, Adebayo Haroun, 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.

In her judgment, Justice Maureen Esowe held that the act of the Lagos State government in suspending the national union’s operations in the state and setting up a caretaker committee was 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.

She also noted that the government and the Police should have intervened by arresting and prosecuting those behind the fracas and not inquiring into the dispute.

Furthermore, the court restrained the state government from further interfering with the operations of the union’s exco and ordered the police to remove all barricades it imposed around their secretariat and grant them unfettered access to their offices.

Reacting to the judgment, the counsel for the defendants, Taiwo Kupolati (SAN), stated that he would study the judgment and advise his clients accordingly. Meanwhile, the state counsel, Adekunle Laditan, assured the court that the state, being a law-abiding government, would study the decision.

This ruling is a significant win for RTEAN, which had been fighting for the reinstatement of its operations in Lagos State. It also highlights the importance of adherence to the provisions of the Trade Unions Act of 2004 and the 1999 Constitution, as amended.

The ruling sends a message to state governments that they must respect the rights of trade unions to operate without interference.

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