The National Industrial Court (NIC) sitting in Lagos yesterday struck out a trade dispute suit instituted by Road Transport Employers Association of Nigeria (RTEAN) and the Registered Trustees of Tricycles Owners and Drivers Association of Lagos State (TODAL) against Trade Union Congress of Nigeria (TUC) and Tricycle Owners Association of Nigeria.
Justice O.A Obaseki-Osaghae of the NIC struck out the suit with the No: NICN/LA/256/2016 for lack of jurisdiction.
The judge held that RTEAN and TODAL did not exhaust the mandatory provision of Part 1 of the Trade Dispute Act (TDA) as stated by the defendants in their Notice of Preliminary Objection.
Ruling on the Notice of Preliminary Objection dated June 7, the judge said; “Having carefully considered the originating process and the submissions of the parties, the pleadings revealed that the suit is an inter-union dispute which falls squarely within Part 1 of the Trade Disputes Act (TDA) CAP T8 LFN 2004.
“An inter union dispute such as this invokes the conciliation and arbitration dispute resolution mechanism provided for in TDA.
“The provisions of Sections 4-9 of the Trade Disputes Act are mandatory and provide the procedure for resolving a trade union dispute.
“The dispute must have gone through the stages of mediation, conciliation and then the Industrial Arbitration Panel (IAP); whereupon if there is an objection to the IAP’s award, the jurisdiction of this court may be invoked.
“Therefore, the jurisdiction of this court as it relates to inter union matters such as this is strictly appellate; exercising original jurisdiction only as provided in Sections 15, 16 and 17 of the Trade Disputes Act. Furthermore, Section 7(3) of the NIC Act 2006 has not conferred the court with original jurisdiction in respect of trade union disputes.
“It prescribes that any such matter may go through the process of conciliation or arbitration before being heard by the court. This is in line with the provisions of the TDA.
“By the combined provisions of Section 4-9 of the TDA and Section 7(3) of the NIC Act, I find that this action is prematurely instituted. The jurisdiction of this court to entertain this dispute is appellate and not original and I so hold”, the judge further held.
Justice Obaseki-Osaghae thereafter declined to entertain the matter.
The court ordered the first claimant, RTEAN to exhaust the provisions of Part 1 of the Trade Dispute Act before approaching this court.
He held that the provision of Part 1 of the Trade Dispute Act is a condition precedent required before the appellate jurisdiction of the court can be activated.
“In the circumstances, the suit is struck out”, the judge said and awarded cost of N25,000 against the first defendant.
Tag: RTEAN
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TUC floors RTEAN, Okada riders in court
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Change tyres after 80,000 km of use – FRSC
The Federal Road Safety Corps (FRSC), has advised motorists to change their tyres after use for 80,000 kilometres and whether it has expired or not.
The FRSC Unit Commander in Suleja, Niger, Assistant Corps Commander Olayinka Akande, gave the advice on Friday during “Operation Know Your Tyre” campaign in Suleja.
He said the corps had identified tyre- related challenges as major factor in traffic accidents, adding that knowledge would reduce carnage on the roads.
“Records of road traffic crashes in recent times showed that majority of fatal and serious crashes were the result of tyre bursts.
“We target the various associations like the NURTW, NARTO, RTEAN, tyre dealers, vulcanisers and motorcycle riders to enlighten them on important features on tyres, expiry date and inflating tyres”, he said.
Alhaji Diko Kassim, Chairman of Suleja Local Government Area, said the administration would set up a committee to address the various traffic obstructions in the town.
“A committee will soon be set up to look at the traffic challenges in the town towards addressing them. It will include stakeholders in the transport sector.
“The committee will proffer solution to decongest motor parks and provide sanity in traffic system”, he said.
Mr Benjamin Omo, tyre seller, told NAN that the campaign was worthwhile because most sellers do not have the technical knowledge of tyres.
“We just buy and sell tyres for business sake. The moment it’s new, we take it as good and fit. But this lecture has enlightened us a great deal to know the kind of tyre we sell,” he said.
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Minister defends Buhari’s approach against corruption
The Minister of Niger Delta Affairs, Pastor Usani Uguru Usani has defended the approach adopted by the present administration to fight corruption in the country, saying that the anti-corruption war was not aimed at witch-haunting anybody.
He urged Nigerians to key into the anti-corruption war as a way of retrieving what had been stolen from them, saying free education was possible for all Nigerians of school-age except for the level of corruption and impunity in the country.
The Minister made the remarks Tuesday while granting audience to the Executive Members of the Road Transport Employers Association of Nigeria (RTEAN), led by its National President, Chief Musa Shehu Isiwele.
The Minister said the Federal Government was ready to enter into strategic partnership with members of the association to ensure the safety of lives and properties in the Niger/Delta region and the north-east of the country.
Pastor Usani said: “the federal government will like to interface with your association especially in troubled areas in the north-east and Niger Delta. Members of your association have access to information and we will want your members to give information that can help ensure peace and security of the people.”
In his remarks, the president of the association said RTEAN had over the years embarked on projects targeted at creating job for 45,000 Nigerians. According to him, the association currently has 4,000 mass transit vehicles in its fleet.
“For the purpose of enhancing service delivery and encouraging safety and security of Nigerians in the transport sub-sector of the economy, we are also embarking on the building of modern motor parks with modern facilities in addition to the construction of 1,000 units of houses in the 36 states of the federation including FCT, Abuja,” Chief Isiwele said.
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Fear, confusion as RTEAN boss guns down members in Edo
Residents of Uromi in Esan North-East Local Government Area of Edo State are yet to come to terms with the tragedy that occurred in the community on December 19 when a Unit Chairman of the Road Transport Employers Association of Nigeria (RTEAN), Onana Osua, ran amok and shot some members of RTEAN dead at their offices.
Osua, who is the RTEAN Unit II chairman in Uromi, killed three persons and severely injured three others. He was also killed by the police at Ubiaja in Esan South-East Local Government.
Spokesman for the Edo Police Command, DSP Osifo Abiodun, said the police acted in self-defence after the late Osua fired at his men.
Members of RTEAN now live in fear of possible reprisals by Osua’s boys who appear peeved that that their boss was murdered by rival RTEAN members in connivance with the police.
Feeding the fear is the fact that members of RTEAN in Uromi are yet to ascertain why Osua took to killing his members at RTEAN offices and their family members in cases where he missed his target. There are also fears of possible reprisals by his boys who seemed to believe that Osua was deliberately killed by the police in connivance with other RTEAN members.
Those shot dead were the Booking Clerk at RTEAN headquarters at Uromi, Mr. Sunday
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Fayose to drivers’ union: Nobody is above the law
Ekiti State Governor, Ayo Fayose, on Thursday warned drivers’ unions against breaking the law, stressing that “nobody is above the law in the state.”
The governor handed down the warning at a meeting with members of the Ekiti State Chapter of the National Union of Road Transport Workers (NURTW) at the union’s secretariat along Poly Road in Ado Ekiti, the state capital.
To demonstrate his seriousness towards ensuring peace among drivers’ unions, Fayose promised to donate a brand new bus each to NURTW and Road Transport Employers Association (RTEAN) if no violence is recorded among members of the unions in the next one year.
He urged drivers to be law abiding so as to avoid having problems with law enforcement officers.
The governor also approved a N5 million revolving loan for the drivers’ wives as requested by the members through the chairman to the admiration of all.
Fayose, who said the country, will only progress if the leaders will humble themselves and come down to the level of the people they govern, described driving as a noble profession.
He said: “I am in your hands, my own governance is about you, whether they call me driver, senior driver or former driver, that is their own cup of tea.
“Driving is a noble profession. If you don’t need a driver, you can use your legs, if you don’t like drivers, you can climb okada.”
In his welcome speech, the state NURTW Chairman, Clement Adekola, thanked Fayose for always standing by them, assuring the governor of the union’s loyalty.
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Kidnapping: Oyo Assembly summons police, NURTW, others
The Oyo State House of Assembly on Thursday summoned security agencies, the National Union of Road Transport Workers and other stakeholders to explain the roles in combating kidnapping and other crimes in the state.
This was contained in a motion moved by Hon. Adeyemi Oyatokun and seconded by Hon. Joshua Oyebamiji during a plenary session presided over by the Speaker of the House, Hon. Michael Adeyemo.
Those summoned included – the Nigeria Police Force, NURTW, Road Transport Employers’ Association (RTEAN), Amalgamated Commercial Motorcycle Riders Association of Nigeria (ACCOMORAN) and Ministry of Transport.
They are to appear before the House on November 10.
In his motion entitled:” Micra Terror: Stemming the evil tide of kidnapping in Oyo State,” Hon. Oyatokun urged the Ministry of Information and other information media to sensitize the public to be vigilant and report any suspicious persons or movement to law enforcement agencies.
He recalled that two weeks ago a woman was kidnapped while boarding commercial cab from Bodija to Ojoo before his corpse was later discovered.
“This acts shows that the security operatives in the state are not performing their duty and the transport unions too have failed to fish out the evil perpetrators among them,” he said.
The lawmaker urged the state Ministry of Transport to strictly enforce proper numbering and painting of commercial vehicles and tricycles with the official commercial colour of the state.
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NURTW/RTEAN clash: Court remands 11
An Ilorin Magistrate’s Court has remanded 11 persons over Sunday’s transport workers’ clash at Offa in Offa Local Government Area of Kwara State.
The clash between members of the National Union of Road Transport Workers (NURTW) and Road Transport Employers Association of Nigeria (RTEAN) claimed one life. Scores were injured.
The suspects are Ganiyu Fowomola (32), Toafeeq Popoola (43), Alhaji Rafiu Oyewole (60), Mudashiru Oyeniran (47), Alhaji Fatai Owoseni (59), AbdulRauf Ahmed (48), Aliu Yemi Rasheed (55), Oyeleke Abdul Lateef (64), Debo Babatunde (40), Alhaji Musbau Babalola (48) and Noah Opatola (53).
The case was transferred from the area commander, Omu-Aran to the Criminal Investigation and Intelligent Department (CIID), Ilorin for investigation.
The Police First Information Report (FIR) said: “On August 1, the National Union of Road Transport Workers (NURTW) and Road Transport Employers Association of Nigeria (RTEAN) were at the School of Health Technology, Offa over who would carry students, who were travelling to Ekiti State for practical.
“An argument ensued between NURTW and RTEAN members. NURTW members said they should be allowed to carry students in two buses and RTEAN should be given one bus.
“Following the argument, a fight ensued. RTEAN office was torched. NURTW members vandalised the vehicles of four RTEAN members.
“On August 2, Suraju Akanlonua, an NURTW member, while riding his motorcycle and carrying Ganiyu Fowomola, was killed with a machete on Abata Road, Offa.”
The prosecutor, Sgt Adewunmi Johnson, told the court that investigation had not been concluded.
He urged the court to remand the suspects in prison custody.
Johnson argued that if they were granted bail, they would tamper with the investigation.
The Magistrate, B.A. Immam, ordered the suspects be remanded at the Federal Prison, Mandalla.
He adjourned the matter till August 18.
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Custom, transport owners may clash over tariff
The Road Transport Employers Association of Nigeria (RTEAN) has vowed to resist any further attempt to impound their registered vehicles with the guise of no customs duty by men of the Nigerian Customs Services (NCS).
Speaking with The Nation in Abuja, the association’s National President, Alhaji Shehu Isiwele Musa noted that Customs personnel have been stopping and apprehending vehicles from his members on the highways even after the Vehicle Inspectorate Office (VIO) have duly registered the vehicles.
He, however, raised some questions about the propriety of impounding the same vehicles that ordinarily passed through all customs borders in the first place.
He described the act as part of the corrupt practices that the President Muhammadu Buhari’s administration must eradicate.
The RTEAN boss however advised that the NCS could partner with the VIO to ask the latter to insist that vehicle owners produce their customs duty before registration.
“That is why I’m asking when the cars passed the borders where was customs? The vehicles are in the markets why not go to the dealers to ask them to get the duty before selling them?
“Then they leave those ones to embarrass our boys who at times even buy on hire purchase. They have no money to buy cars so they buy hire purchase so that they will be working and pay for it. Unfortunately, Customs will now impound it. So, we want the government to look into this and put a stop to it.”
As part of his agenda for the new government, Musa advised the administration to reintroduce tollgates for revenue generation, especially now that oil revenue is declining.
He also suggested that the gates must have automatic vending machines as measures for guarding against diversion of the proceeds into private pocket.
According to him, government could spend the proceeds on road construction and rehabilitation instead of shopping for funds to fix them.
He tasked the government on building highway motor parks where tired drivers could stop to pass a night and freshen up before proceeding on his journey to avoid accident from exhaustion.
He described weighbridge as “a scale that every vehicle must climb before proceeding to load and after loading come for the paper so that when you reach another 50kilometer you also climb the scale. This is to prevent a driver from carrying additional or excess luggage that could burst the vehicles tyres on the way.”
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Ambode endorsed
The Chairman of the Road Transport Employers Association (RTEAN) in Lagos State, Musa Mohammed, has endorsed the governorship candidate of the All Progressives Congress (APC), Mr. Akinwunmi Ambode.
Mohammed said the APC candidate had what it takes to lead the state to the next level.
He said: “He is a technocrat; a civil servant whose wealth of experience will add value to Lagos State.
“He has worked closely with Governor Babatunde Fashola and I believe he is in a good position to continue the excellent work.
“We in the RTEAN are ready to maintain peace and order as we have been conducting enlightenment campaigns.”
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RTEAN seeks extension of auto policy’s implementation
The Road Transport Employers Association of Nigeria (RTEAN) has demanded that the national automotive policy’s implementation be extended by six months.
The implementation which should have begun last month was suspended by the Federal Government to get more backing for the policy.
RTEAN’s National President Alhaji Musa Shehu told reporters in Abuja that the extension would ease commuters’ pains.
He urged the government to grant a 70 per cent waiver on the over 4,000 mini and high capacity commuter vehicles expected to be imported within the period.
Shehu said: “The initiative is coming at a time when the government is discouraging importation of vehicles and encouraging local manufacturing of vehicles in the country.
“We support the Federal Government’s automotive policy but we are making this appeal in the knowledge that local manufacturers cannot meet the demand of these vehicles at the moment.
RTEAN, he said, supports the policy because it is running a nationwide mass transit scheme dedicated to low income earners.
Shehu said the scheme was meant to boost mass transportation for the benefit of the people.