NIC Wants NURTW, Others To Obey Court Order

The National Industrial Court of Nigeria, Port Harcourt Judicial Division has ordered the National Union of Road Transport Workers (NURTW), Rivers State Council and its cohorts to obey the court judgement delivered on April 19, 2018 in favour of Rivers Drivers Transport Co-operatives Union and others or be quilty of comtempt of court and will be liable to be committed to prison.
In a Suit No: NICN/YEN/448/2016 instituted in Yenagoa, Bayelsa State but later transferred to Port Harcourt Judicial Division, the court handed down the warning on Form 48, Order IX Rule 13, following NURTW’s attempts to forcefully unionise the defendants from operating in some parts of the state.
Delivering the judgement on the Suit, the Presiding Judge, His Lordship, Hon. Justice P.I. Hamman on “Notice of Consequences of Disobedience to Judgement in Court”, stated that NURTW, its Vice Chairman, Comrade Monday Eleazar and Secretary, Comrade Chuks Boms as Claimants instituted the case on behalf of themselves and all the members of the union, while the Rivers Drivers Transport Co-operative Union Ltd, Mr Binoye Sunday, Keke Drivers Association and Obuah Ebenezer, who are the defendants are sued as representing themselves and all class of persons that carry on business of commercial transportation of passengers and goods in Rivers State.
Hon. Justice Hamman further stated that the defendants operated with vehicles such as taxis, buses and tricycles who might be registered under the Companies and Allied Matters Act 1990 or any other law, but not affiliated to any trade union registered under the Trade Union Act Cap T14 Laws of the Federal Republic of Nigeria 2014.
According to him, the first and second defendants have argued that the first defendant was not a registered trade union but a co-operative society registered as such in exercise of their constitutional right of freedom of association and that being self-employed persons, they could be compelled to unionise under the first claimant because they fall under the exception to the jurisdiction scope of the first claimant.
“Section 40 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) guarantees every person the right to associate and form trade unions, associations or political parties”, he stated and added that “it is therefore not in doubt that Section 40 of the constitution guarantees the defendants the freedom to associate for the purpose of protecting and projecting their interest and since there is nothing before the court to warrant restriction of this constitutional right, this court is duty bound to uphold the constitutional provision and affirm same”.
He further stated that, “in the final analysis, I am of the view that based on the reasons advanced above and the authorities cited and relied upon, the defendants being self-employed persons are excluded from being registered under the first claimant and they have the right to associate for the protection of their interest. The sole issue identified by the court for determination is therefore resolved against the claimants”.
But The Tide correspondent gathered that contrary to this court order, NURTW banned the co-operative union and other defendants from operating in some areas in Port Harcourt and Obio/Akpor, thereby contravening court order.

Collins Barasimeye