Court Nullifies Dissolution Of Isoko South Branch Of NURTW, Awards Cost

The Presiding Judge, Awka Judicial Division of the National Industrial Court of Nigeria, Hon. Justice John Targema has declared the purported dissolution of the Isoko South Heavy Truck Branch of the National Union of Road Transport Workers, Oleh Branch during the pendency of the suit as null and void.

The Court also nullified the purported suspension of Comrade Believe Alakrivia and the purported appointment of a Caretaker Committee for Isoko South Heavy Truck Branch, Oleh; ordered Comrade Ifeanyi Obi and Comrade Anthony Igwebuike to pay Comrade Believe and Comrade Eveso the sum of Two Hundred Thousand Naira (N200, 000.00) cost of action within 30 days.

Justice Targema declared the dissolution of the NURTW Isoko South Heavy Truck, Oleh by the NURTW Delta State Council as illegal, unconstitutional, draconian, and an abuse of office.

However, the Court held that Comrade Believe and Comrade Eveso have not shown that Comrade Ifeanyi and Comrade Anthony are illiterates and did not cite the provisions of the NURTW Constitution and the Trade Union Act that were breached by the defendants that the question of anti-trade Union activities remains unproven under the minimal evidence rule.

From facts, the claimants- Comrade Believe and Comrade Eveso had sued for themselves and on behalf of the National Union of Road Transport Workers (Heavy Truck Branch Isoko South Local Government Area) and submitted that the tenure of Comrade Ifeanyi Obi and Comrade Anthony Igwebuike expired on or before 19 October 2015; that they are not eligible to contest for any executive position of the Union being illiterate and for engaging in anti-trade union activities.

The claimants continued that they had severally complained in writing to the National Headquarters complaining of the acts of maladministration of the State Council of the Union by the defendants but all to no avail.

Furthermore, Comrade Believe Alakri and Comrade Eveso sought an order of Court declaring null and void the purported dissolution of the Isoko South Heavy Truck of NURTW, Oleh Branch via a letter dated 21 December 2015 during the pendency of the case.

However, the defendants- Comrade Ifeanyi Obi and Comrade Anthony Igwebuike file no defense.

Delivering the judgment after careful evaluation of the submission of the counsel, the presiding Judge, Justice John Targema held that whether a person is an illiterate or not is a question of fact that must be resolved on the preponderance of evidence before the Court, not a matter that can simply be presumed or assumed from the mere fact that such a person is literate or illiterate.

The Court held that the NURTW Delta State Council, Asaba, by law as does not have the unfettered right to ostensibly sanction members of the NURTW Isoko South Heavy Truck, Oleh on grounds of refusal to comply with the directive or decision of any committee having jurisdiction over the members under the Constitution of the Union.

“Aside the purported plans perfected by the defendants, the claimants have failed to place before the Court evidence of a subsequent election carried out by NURTW Delta State Council Asaba returned the defendants as Chairman and Secretary respectively.” Justice Targema Ruled