Prominent human rights lawyer Mrs. Funmi Falana has accused the Oyo State Attorney-General and Commissioner for Justice, Abiodun Aikomo, of allegedly misrepresenting the Court of Appeal judgment that nullified the suspension and proscription of the National Union of Road Transport Workers (NURTW) in the state.
Falana, who represents the Oyo chapter of the NURTW, issued the warning in a letter obtained by PUNCH Online in Ibadan on Sunday, cautioning the Attorney-General against acts of contempt and deliberate disobedience of a valid appellate court decision.
The letter, which was also copied to the Oyo State Commissioner of Police and the State Director of the Department of State Services, came amid the state government’s continued refusal to reinstate the union’s operations despite the appellate court ruling.
According to Falana, the Court of Appeal, in its judgment in Suit No: CA/IB/263/2022 – National Union of Road Transport Workers v. Governor of Oyo State & 3 Ors, explicitly declared that the government had no constitutional power to suspend or proscribe the activities of the NURTW or stop the union from collecting check-off dues at motor parks and garages.
“It is unfortunate that you have substituted your views for the judgment of the Court of Appeal without any legal basis,” Falana wrote.
“The Court of Appeal never held that NURTW remains suspended from collecting dues from motor parks and garages in the state.”
She further warned that continued defiance of the ruling could result in contempt proceedings against the Attorney-General and a formal petition to the Legal Practitioners Disciplinary Committee.
Falana reminded Aikomo of his constitutional obligation under Section 287(2) of the 1999 Constitution (as amended), which mandates that all authorities and persons in the federation must enforce decisions of the Court of Appeal.
“If you are not prepared to comply with the judgment of the Court of Appeal, we shall not hesitate to initiate contempt proceedings against you and report you to the Legal Practitioners Disciplinary Committee for encouraging your clients to treat the judgment with provocative contempt,” she warned.
Background of the Dispute
The tussle between the Oyo State Government and the NURTW dates back to June 6, 2011, when the late Governor Abiola Ajimobi first proscribed the union’s operations.
Although a Federal High Court in Ibadan nullified the proscription in May 2012, the issue resurfaced in 2019, when Governor Seyi Makinde announced the suspension of the NURTW from collecting dues in motor parks across the state a decision the union challenged as unlawful.
After losing at the National Industrial Court in March 2022, the NURTW appealed to the Court of Appeal, Ibadan Division, which later overturned the lower court’s judgment, declaring the suspension unconstitutional.
The appellate court held that the government had failed to provide any specific evidence of violence or breach of peace to justify the suspension, describing the action as unlawful interference in the union’s legitimate affairs.
In response, Oyo NURTW Chairman, Abideen Olajide (Ejiogbe), reiterated the union’s readiness to resume work and cooperate peacefully with the Motor Parks Managers already operating in the state.
Falana concluded her letter by urging the state government to comply immediately with the judgment to restore the NURTW’s lawful activities, stressing that continued defiance undermines judicial authority and constitutional order.
