Court Assumes Jurisdiction Over Transporters’ Dispute

The disagreement that has rocked transport business operators in Rivers State over operations, particularly the Rivers Transport and Investment Cooperative Union Limited (RTICUL) and the National Union of Road Transport Workers (NURTW), has taken another dimension, as a High Court sitting in Port Harcourt has held that it has jurisdiction to entertain the matter.

Ruling on a matter brought before it, the Judge presiding over Court 12 at the Port Harcourt High Court, Justice B.A. Georgewill, held that it has the power to proceed on the suit involving various transport unions and groups, since all the parties involved are not transport trade unions but also include other associations that do transport business in Port Harcourt.

The suit with Number PHC/1560/2009, which was instituted by RTICUL as claimant, against the NURTW, Road transport Employers Association (RTEAN), Port Harcourt City Local Government (PHALGA) Ministry of transport (MOT) and the Obio/Akpor Local Government Council (OBALGA), alleges that the defendants, through their agents, have hindered them from operating their lawful business in the transport sector.

Counsel representing NURTW and PHALHA, Chief T.A. Amadi, had argued that such matter can only be entertained at the industrial court, since it involved various transport unions.

The Presiding Judge, Justice Georgewill, noted that the cooperative group is not a trade union and as such, the matter involving them cannot be taken to industrial court.

Such pronouncement made by the court have doused the tempo and hope of the defendants that the case will be trasferred to an industrial court, where it will be handled as trade union matter.

Already, the court had adjourned the matter to the 31st May, 2010, for hearing on the case, as the counsels to the parties on the suit have been put on notice.

The RTICUL headed to court to seek for redress on matters of assault on its members, impoundment of vehicles and the general disruption of the transport business by the NURTW and PHALGA which are alleged to be principal actors.

The cooperative had alleged that NURTW has no right to ask its members or force them to pay any form of levy or tax, since the law gives the cooperative right to organise its own business.

NURTW, on its part, had maintained that every one that is engaged in the work of road transport automatically becomes their member and must pay to it all necessary dues as required by law. 

Corlins Walter