The Court of Appeal in Abuja has affirmed the March 11 judgment by the National Industrial Court of Nigeria (NICN), recognising Tajudeen Ibikunle Baruwa as the president of the National Union of Road Transport Workers (NURTW).
A three-member panel, presided over by Justice Hamma Barka dismissed an appeal filed against the NICN’s judgment by seven individuals led by Alhaji Najeem Usman Yasin.
In the judgment, delivered on November 8 on the appeal marked: CA/ABJ/CV/293/2024, a certified true copy (CTC) of which The Nation sighted on Tuesday, the appellate court held that the appeal was devoid of merit.
The Court of Appeal resolved the three issues, identified for determination, against the appellants and awarded a cost of N100,000 against the seven appellants, in favour of the 14 respondents.
Appellants in the appeal (who were defendants before the NICN) are Yasin, Alhaji Tajudeen Agbede, Alhaji Aliyu Ore, Kayode Agbeyangi, Alhaji Alhassan Haruna 313, Aliyu Tanimu and Alhaji Hakeem Adeosun.
Respondents in the appeal (who were claimants before the NICN) are Baruwa, Bello Adamu, Eugene Job, Danjuma Saidu, Prince Isah Usman, Suleiman Adamu and Odion Olaye JP.
Others are Chief Herbert Iwuji, Muhammed Maduganari, Olajide Abimbola, Lekan Folorunso, Monday Eleazar, Comrade Chukwudi Asogwa and the NURTW.
In the lead judgment, Justice Asmau Akanbi said: “I restate that the respondents’ case (at the trial court) was on the legality of the constitution of National Caretaker Committee, which the respondents showed, through their affidavits and documentary evidence that the appellants constituted.
“This fact was not denied by the appellants. What the trial court did was to determine the constitutionality of the Caretaker Committee and subsequent zonal and national conferences organized by the appellants in October 2023.
“I, therefore, find it hard to agree with the appellants’ counsel that the reliefs were granted on the weakness of the appellants’ case. The reliefs were rather granted on the strength of the case made by the respondents.
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“On the denial of fair hearing by the grant of the reliefs, I have earlier found that the appellants were not denied fair hearing by the trial court.
“The appellants have clearly not shown how the grant of the reliefs by the trial court denies them their right to a fair hearing.
“Again, | resolve this issue in favour of the respondents. On the whole, all the issues are resolved against the appellants and in favour of the respondents.
“The appeal is devoid of merit and the same is hereby dismissed. | affirm the Judgment of the trial court delivered on the 11th day of March 2024 in respect of suit No: NICN/ABJ/263/2023.
“| award the cost of N100,000 against the appellants and in favour of the respondents,” Justice Akanbi said.
Justices Barka and Nnamdi Dimgba, who were also on the panel, agreed with the lead judgment.
Justice Oyejoju Oyewumi had, in the judgment of March 11 on the suit marked: NICN/ABJ/263/2024 held that Baruwa was validly elected the President of the NURTW for the second term.
Justice Oyewumi issued an order sacking the Alhaji Agbede-led Caretaker Committee and restrained Alhaji Yasin (a former President of the NURTW and Chairman of the union’s Board of Trustees) from further interfering in the day-to-day running of the union.
The judge held that Yasin can only act as the Board chairman of the transport union.
Justice Oyewumi, who is now of the Court of Appeal, also held that the zonal delegates’ conference held across the six zonal councils of the union on 24th May 2023, where Baruwa emerged as President for a second term, was valid.
The judge equally validated the quadrennial national delegate conference held on August 23rd, 2023 at Ta’al Hotels, Lafia, Nasarawa State, where the President and other national officers emerged and were inaugurated.
Justice Oyewumi declared as illegal and unconstitutional, the national delegates’ conference held on October 25, 2023, where Alhaji Isa Ore purportedly emerged as the union’s Acting President and his supposed National Administrative Council constituted.
The judge held that there was no evidence of crisis in the union, adding that therefore there was no basis for the invocation of the “doctrine of necessity” which led to the constitution of the purported Caretaker Committee.








