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The Presiding Judge, Lagos Judicial Division of the National Industrial Court, Hon. Justice Maureen Esowe has sacked the Lagos State Parks and Garages Management Committee established by the Lagos State Government for being illegal.
The Court ordered the reinstatement of the operations of the Road Transport Employers Association of Nigeria (RTEAN) in Lagos State.
Justice Esowe further granted an order barring the Lagos State government from further interfering in the operations of the Union’s executives and also barred the Nigeria Police Force from intimidating the Union’s officers, and ordered the Police to remove all barricades around their secretariat and grant them unfettered access to their offices.
From facts, the claimant- RTEAN challenged 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.
The Union’s counsel, Elisha Kurah (SAN) argued that a state cannot interfere in the affairs of a trade union registered under the Trade Unions Act, and urged the Court to grant the reliefs sought.
However, the counsel for the Lagos State Government, Adebayo Haroun Esq contended that the government neither violated the law nor dissolved 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.
On his part, the counsel for the 5th to the 37th defendants, Taiwo Kupolati (SAN), said Governor Babajide Sanwo-Olu had the power as Chief Security Officer of the state to maintain peace in the land, and urged the court to dismiss the case for lacking merit.
Delivering judgment after careful evaluation of the submission of both parties, the presiding Judge, Justice Maureen Esowe held that the Lagos State Government lacked the power to interfere in the affairs of a trade union registered under the Trade Unions Act, that both the State Government and the Police should have intervened by arresting and prosecuting those behind any fracas purportedly involving union members and not inquiring into the dispute.
Furthermore, the Judge ordered the police to refrain from intimidating the RTEAN officers, remove all barricades it imposed around their secretariat and grant them unfettered access to their offices.
