The Court of Appeal Abuja Division has
dismissed the appeal filed by Alh. Najeem Usman Yasin and others faction against Tajudeeem Ibikunle faction of National Union of Road Transport Workers for lack of merit.
Court of Appeal said the National Union of Road Transport Workers’ Caretaker Committee and the subsequent Zonal and National Conferences organized by the Alh. Najeem Usman Yasin faction and others in October 2023 was legally and properly constituted.
This is contained in Court of Appeal judgement of November 8, 2024 that
dismissed the appeal filed by Alh. Najeem Usman Yasin and others.
The Appellants Alh. Najeem Usman Yasin, Alh Tajudeen Baoru Agbede, Alh Aliyu ISA Ore , Kayode Agbeyangi ,Alh Alhasan Haruna, Aliyu Tanimu and Alh Hakeem Adeosun were also the plaintiffs at National Industrial Court of Nigeria
They the plaintiffs had filed the suit against Tajudeeem Ibikunle , Bello Adamu, Eugene Eze , Danjuma Saiou, Prince Isah Dahiru Usman, Suleiman Adamu, Odion Olaye JP , and Chief Herbert C. Iwuji.
In the suit they complained of an improper and irregular conduct of election into the National Administrative Council of the National Union of Road Transport Workers.
Their suit marked No.NICN/ABI/263/2023 was dismissed in a judgement delivered on the 8″ March, 2024 by Justice O.O Oyewumi for lacking in merit.
Dissatisfied, they lodged an appeal before the Court of Appeal Abuja Division.
The Court of Appeal in a unanimous judgement on November 8, 2024.resolved all issues raised against the Appellants and in favour of the Respondents and affirmed the judgement/decision of the trial court
Part of judgement read “this court on Friday the 8th of November 2024 . Upon reading the record of Appeal compiled and transmitted before this court together with respective briefs of argument: and after hearing O.I. Olorundare SAN, with F.T.Sotikare (Esq) Jimoh Balogun (Esq) O.D Emole Esq, I . Yunanah for the Appellants.
Tolu Babaleye Esq with Adeniyi Adejoke Esq, Maku Oluwatoyin Esq, B T Ataine Esq for the Respondents.
The Court found that the Appellants constituted the caretaker Committee. This fact was not denied by the Appellants. What the trial court did was to determine the constitutionality of the Caretaker Committee and the subsequent Zonal and National Conferences organized by the Appellant in October 2023.
Court of Appeal “find it hard to agree with the Appellants counsel that the reliefs were granted on the weakness of the Appellants case.The reliefs were granted on the strength of the case made by the Respondents.
“On the denial of fair hearing by the grant of the reliefs I found that the Appellants were not denied fair hearing by the Trial
Court the Appellants have clearly not shown, how the gant of the reliefs by the Trial Court denies them their right to fair hearing. Again, I resolve this issue in favour of the Responden’s.
“On the whole all the issues are resolved against the Appellants and in favour of the Respondents. The Appeal is devoid of merit and the same is therefore dismissed. | affirm the Judgment of the Trial Court and hereby dismissed this appeal.
“I affirm the judgement of the Trial Court delivered on 11th of March 2023 in respect of the Suit Sut No’ NICN/A8J 263/2023.
“l award the cost of #100 000 against the Appellants and in favour of the Respondents, Justice Asmau Ojuolape Akanbi stated in his contribution