Anambra NARTO, NURTW 13 Years Court Tussle: Appeal Court Ends Case With N50,000.00 Cost Against NURTW

The appeal court sitting in Enugu, Enugu State, has ended a 13 year old legal tussle between the Nigerian Association of Road Transport Owners, NARTO and the National Union of Road Transport Workers in favour of NARTO.

After hearing F. Mbadugha with Mrs. Mgbemena for the Appellant and Arthur Obi-Okafor (SAN) with Mrs. C.S. Okafor and P.U. Oko (Mrs) for 1^st-5 respondents and C.O. Onuoha (Mrs.) for the 6^th respondents and R.C. Onyeka (Mrs.) Ministry of Justice Anambra State, for the 7^th respondent, ordered that NURTW did not join their employers in the suit, had no business enforcing the judgment against the appellant and using the police to eject the appellant’s employees who have been legitimately in the motor parks at the instance of the appellants, out of the parks.

The court, presided over by Hon. Justice I.I. Agube, ordered also that in the circumstances Law No. 6 of 2000, did not infringe on the organization or function of the plaintiff/respondents nor was it in conflict with the provision of the Trade Union Act. It therefore fined N50,000.00 cost against NURTW.

The judge added that by virtue of section 4(7)(e) and 11(2) of the constitution of the Federal Republic of Nigeria 1999 the Anambra State House of Assembly had the powers to pass that law which is targeted at controlling the neutrons, illegal and in wholesome conduct of the 1^st to 5^th respondents at motor parks and other public places in Anambra State.

That the application of 1^st – 5^th respondents for an order of certiorari to quash Law No. 6 of 2000 as made by the Anambra State House of Assembly, ought to be dismissed.

That the order declaring the Anambra State Law No. 6 of 2000 unconstitutional as well as the declaration that the implementation of the said law by the Anambra State Government in its public service announcement of 21^st August 2001, are hereby set aside along with the ancillary order of enforcement of the judgment against the Appellant.