Gov Adeleke’s NURTW directive breached constitution

Published by Godday Atuba

The Osun State chapter of the All Progressives Congress (APC) has voiced strong disapproval of Governor Ademola Adeleke’s order to halt all activities of the National Union of Road Transport Workers (NURTW) within the state. In a statement released on Thursday by its Director of Media and Information, Kola Olabisi, the opposition party declared the governor’s directive to be unconstitutional, illegal, and exceeding his authority. The APC further contended that the instruction given to security agencies to cease NURTW operations and apprehend individuals purporting to be union officials lacked legal foundation.

This publication, DAILY POST, had previously reported that Governor Adeleke issued this directive following a security meeting, mandating the police and other security bodies to immediately suspend all NURTW operations and detain anyone claiming to be an executive or official of the union at motor parks.

Governor Adeleke’s directive came shortly after the Osun State chapter of the Association of Local Governments of Nigeria (ALGON), which is aligned with the APC, announced the establishment of caretaker management committees for transport unions. This move was presented as a measure to restore order amidst a leadership crisis within the transport sector.

The APC asserted that the governor’s action was a response to a recent leadership dispute within the NURTW, which had previously led to the suspension of the union’s leadership and its activities in the state by local government authorities, pending consultations with the national leadership of the NURTW.

The party elaborated that the chairmen of all 30 local government councils, along with the Ife-East Area Office in Modakeke, had engaged in discussions with various transport unions, including motorcycle and tricycle operators. These consultations resulted in a decision to form caretaker management committees while awaiting the selection of substantive state leaders.

The APC accused the governor of overstepping his bounds by interfering in the affairs of a legally recognized association and questioned the legal counsel advising the state government. The party argued that the directive violated Section 40 of the 1999 Constitution of the Federal Republic of Nigeria, as amended, which safeguards the right to freedom of association.

“The latest illegal directive issued by the outgoing Governor Adeleke, meddling in the management affairs of motor parks by the NURTW across the state, which is a duly registered association, raises serious questions about the competence of those providing legal advice to the embattled governor,” the APC stated.

The APC expressed confidence that security agencies would refrain from enforcing what they deemed an unlawful directive. The party insisted that any disputes involving the NURTW should be settled through legal channels, specifically the courts, rather than through executive orders.

To support their position, the APC referenced a Court of Appeal ruling concerning a case between the Oyo State Government and the NURTW. In that instance, the appellate court deemed Governor Seyi Makinde’s 2019 suspension of the union’s activities to be unlawful and unconstitutional.

The APC quoted the appellate court’s judgment, which stated that while state governments are constitutionally obligated to maintain law and order, their powers must be exercised within legal boundaries and cannot be used to suspend the activities of a registered association without legal justification.

Further elaborating on the court’s findings, the APC highlighted the ruling that mere allegations of violence were insufficient grounds for suspending a union without concrete evidence. The judgment indicated that any unlawful conduct should instead be addressed through the appropriate security agencies and lawful judicial processes.

The APC urged Governor Adeleke to retract his directive, describing it as “repugnant, ultra vires, illegal, overreaching, and grossly unconstitutional.” The party also asserted that the directive would not withstand legal scrutiny if challenged in court.