Human rights lawyer and counsel to the National Union of Road Transport Workers (NURTW), Mrs Funmi Falana, has faulted the Oyo State Government for allegedly misrepresenting and disobeying a Court of Appeal judgement which declared the proscription and suspension of the union’s activities in the state as illegal.

Falana, in a letter addressed to the Attorney-General and Commissioner for Justice, Barrister Abiodun Aikomo, accused him of misinterpreting the appellate court’s ruling, warning that continued disobedience could lead to contempt proceedings.

The letter, which was copied to the Oyo State Commissioner of Police and the State Director of the Department of State Services (DSS), warned that refusal to comply with the judgement may attract disciplinary action before the Legal Practitioners Disciplinary Committee.

According to Falana, the Court of Appeal in its judgement in Suit No. CA/IB/263/2022 – National Union of Road Transport Workers v. Governor of Oyo State & 3 Ors., nullified the suspension imposed by Governor Seyi Makinde on the union’s operations, including the collection of check-off dues at motor parks and garages across the state.

“It is unfortunate that you have substituted your views for the judgement of the Court of Appeal without any legal basis. The Court never held that the NURTW remains suspended from collecting dues from motor parks and garages in the state,” Falana wrote.

She reminded the Attorney-General of his constitutional duty under Section 287(2) of the 1999 Constitution (as amended), which mandates all authorities and persons to enforce decisions of the Court of Appeal.

Falana warned that failure to obey the judgement would amount to contempt of court. “If you are not prepared to comply with the judgement of the Court of Appeal, we shall not hesitate to initiate contempt proceedings against you and report you to the Legal Practitioners Disciplinary Committee,” she cautioned.

Meanwhile, the Oyo State Chairman of NURTW, Mr Abideen Olajide, popularly known as Ejiogbe, has expressed the union’s readiness to resume operations in the state.

Ejiogbe assured that the NURTW under his leadership is law-abiding and ready to coexist peacefully with the Motor Parks Managers currently collecting revenues for the state and local governments.

The long-standing dispute between the Oyo State Government and the NURTW dates back to 2011, when the administration of late Governor Abiola Ajimobi first proscribed the union.

The Federal High Court in 2012 declared the proscription illegal, but in 2019, Governor Makinde again suspended the union’s activities in motor parks across the state.

The NURTW challenged the suspension before the National Industrial Court, which dismissed the case in 2022.

However, the Court of Appeal later overturned that ruling and held that the governor had no statutory power to suspend a registered trade union.

In his concurring judgment, Justice Biobele George-Will, JCA, declared that no law empowers the governor to suspend the operations of a trade union, emphasising that maintaining law and order is the duty of the police, not a justification for suspending lawful associations.

Falana urged the Oyo State Government to respect the rule of law by reinstating the union’s activities in line with the appellate court’s decision.