Judiciary
THE National Industrial Court of Nigeria (NICN), Lagos Division, has ordered National Union of Road Transport Workers (NURTW) Chairman, Mustapha Adekunle, and the union’s Secretary, Usman Teslim, to appear before it on Oct. 15.
The officials are to show why they should not be committed to prison for allegedly disobeying the court’s judgment recognising the Tricycle Owners Association of Nigeria (TOAN) as an independent trade union.
Justice Isaac Essien issued the order after dismissing a preliminary objection challenging the competence of the committal proceedings.
He held that the officials were properly served with the requisite contempt processes.
The court rejected the officials’ contention that they were not personally served with Forms 86 and 87.
Essien held that the court had earlier granted leave for substituted service.
He also held that the respondents were fully aware of the proceedings, having filed processes through their counsel.
The judge ruled that the officials could not deny service after participating in the proceedings.
He described the objection as an attempt to elevate technicalities over substantial justice.
The court consequently dismissed the preliminary objection and awarded N2 million in costs in favour of the judgment creditor, TOAN.
In the substantive committal proceedings, Essien awarded a further N3 million in costs against the respondents.
He directed the NURTW chairman and secretary to personally appear before the court on Oct. 15 to explain why they should not be committed to prison for their alleged continued disobedience of the court’s orders.
The contempt proceedings arose from allegations that, in spite of the December 2025 judgment, NURTW officials continued issuing daily, weekly and security tickets to commercial tricycle operators in Lagos.
The respondents also allegedly continued organising commercial tricycle operations contrary to the court’s orders.
The December 2025 judgment directed the Lagos State Government and other parties to recognise TOAN as an independent trade union under the Trade Unions Act.
The affected parties include the Commissioner for Transportation, the Attorney-General and Commissioner for Justice, the Tricycle Owners and Operators Association of Nigeria (TOOAN) and the Tricycle Owners and Drivers Association of Lagos State (TODAL).
Others are the National Union of Road Transport Workers (NURTW) and the Road Transport Employers Association of Nigeria (RTEAN).
The court held that the Lagos State Government lacked the legal authority to compel TOAN to operate under or merge with NURTW or RTEAN.
It ordered that TOAN and its members be allowed to operate freely in Lagos without interference.
The court also restrained the defendants from obstructing TOAN’s lawful activities.
It awarded N5 million damages against the Lagos State Government and the Attorney-General and Commissioner for Justice for interfering with TOAN’s operations.
Earlier, the court dismissed applications by the first, second, third, fifth and seventh judgment debtors seeking a stay of execution of the December 2025 judgment.
Essien held that there was no competent appeal before the Court of Appeal to justify suspending enforcement of the judgment.
He ruled that the applicants failed to comply with the mandatory requirements for a stay of execution.
The judge ordered the first, second, third, fifth and seventh judgment debtors to pay N1 million each in costs to the judgment creditor.
Before adjourning, Essien criticised the filing of fresh court processes after matters had been reserved for ruling.
He described the practice as unprofessional and inconsistent with established court procedure. (NAN)
A.I
Aug. 6, 2026
Tags: National Industrial Court of Nigeria NURTW Usman Teslim