Road Transport Employers Association Of Nigeria & Ors V. MR. Olufemi Ajewole & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment)

This appeal is against the decision of the National Industrial Court sitting in Kano contained in a Ruling delivered on the 18th of May, 2009 in Suit No NIC/7/2007. The Appellants, as plaintiffs, commenced the action in the lower Court against the Respondents, as defendants, and they, by an amended originating summons dated the 18th of May, 2007 and filed on the 21st of May, 2007, posed the following questions for resolution by the lower Court:

i. Whether the defendants, in view of the trade dispute declared by the 4th and 5th Plaintiffs for themselves and on behalf of South East and South South Zones of RTEAN through a notice to that effect dated the 23rd of June 2005, in compliance with the stipulation of the Union’s Constitution in Article 6c, can proceed to purport to plan, organize, convene or hold a National Delegates Conference at Abeokuta Ogun State of Nigeria on the 27th and 28th of February, 2007 without first resolving the dispute, having regard to the weight of the issues involved in the trade dispute.

ii. Whether the defendants can purport to organize a National

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Delegates conference of RTEAN at Abeokuta Ogun State on the 27th and 28th of February, 2007 despite the Notification of Trade Dispute (intra) given to the Honorable Minister of the Federal Ministry of Labour and Productivity Abuja in accordance with the Trade Disputes Act Cap 432 Laws of the Federation 1990 on the 19th of July 2005 through a letter signed by the 5th Defendant and the requisite Form TD/3 dated 19th of July, 2005.

iii. Whether in view of the letter of the Honorable Minister of Labour dated the 17th of August, 2005 with reference No ML-HB/7663/1/12 signed by Mrs. Eghobamien inviting the defendants to a meeting for the resolution of the Trade Dispute, which has not yet been concluded, and the further letter of the Honorable Minister of Labour and Productivity signed by Mr. Chris Ahata dated the 25th of July, 2006 with reference No ML.IB/56/111/176 denying the defendants of approval to hold a National Delegates Conference, can the defendants still disregard same and hold a National Delegates Conference.

iv. Whether in view of Section 36 (1) of the Constitution of the Federal Republic of Nigeria 1999 and Article 13(i) (a) Article 15,

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Section 10(b) Article 15 and Section 12(b) Article 19(a) of the Constitution of RTEAN of September 2003, the defendants can legitimately hold a National Delegates Conference.

v. Whether in view of the appeal pending in the Court of Appeal, Lagos Judicial Division in Appeal No CA/L/108/03 filed by Chief Ogunyade challenging the purported election of the defendants, the defendants can still proceed to organize a National Delegates Conference.

vi. And if questions (i) to (iv) are answered in the affirmative, whether the 4th and 5th plaintiffs are not entitled to be heard on their grievances, and if they are so entitled to be heard, whether the Court cannot declare the purported holding or convening of the National Delegates Conference of RTEAN at Abeokuta Ogun State on the 27th and 28th of February 2007 as illegal and void and of no effect whatsoever.

Consequent on the resolution of the above questions, the Appellants prayed for the following orders:

i. A declaration that the purported holding of the National Delegates Conference of the RTEAN by the defendants at Abeokuta Ogun State on the 27th and 28th of February, 2007 without the resolution