The National Industrial Court of Nigeria (NICN), Lagos Judicial Division, has dismissed applications filed by five judgment debtors seeking to stay the execution of its judgment recognising the Tricycle Owners Association of Nigeria (TOAN) as an independent trade union and directing the Lagos State Government and other parties to recognise its operations.

Justice Isaac Essien, who delivered the ruling, held that the applicants (the first, second, third, fifth and seventh) failed to satisfy the mandatory conditions under Order 64 Rule 13 of the National Industrial Court Rules, 2017, for the grant of a stay of execution pending appeal.

The court held that while the first, second and third judgment debtors merely filed an application for leave to appeal with proposed grounds of appeal, the fifth and seventh judgment debtors filed notices of appeal without first obtaining the required leave of the Court of Appeal.

Justice Essien ruled that the notices of appeal filed without leave were premature, incompetent and incapable of supporting the applications for stay of execution, adding that there was no competent appeal pending before the Court of Appeal upon which the court could exercise its discretion.

The court consequently dismissed both applications and ordered the first, second, third, fifth and seventh judgment debtors to pay N1 million each as costs to the judgment creditors.

The court also dismissed a preliminary objection filed by officials of the sixth judgment debtor challenging the contempt proceedings on the ground of the alleged non-service of Forms 86 and 87.

Justice Essien held that the court had earlier granted leave for substituted service and that the cited officials were fully aware of the committal proceedings, having responded through counsel.

He ruled that the Chairman and Secretary of the sixth judgment debtor, the National Union of Road Transport Workers (NURTW), could not deny service after participating in the proceedings and awarded N2 million in costs against the applicants in favour of the judgment creditors.

In the substantive committal proceedings, the court awarded a further N3 million in costs in favour of the judgment creditors and directed the Chairman of the NURTW, Alhaji Mustapha Adekunle, and the union’s Secretary, Usman Teslim, to appear before the court on October 15, 2026, to show cause why they should not be committed to prison for allegedly disobeying and failing to comply with the court’s judgment delivered on December 11, 2025.

The contempt proceedings stem from allegations that despite the judgment, officials of the NURTW continued issuing tickets and exercising control over commercial tricycle operations in Lagos State in violation of the court’s orders.

The December 11, 2025 judgment directed the Lagos State Government, the Commissioner for Transportation, the Attorney-General and Commissioner for Justice, the Incorporated Trustees of the Tricycle Owners and Operators Association of Nigeria (TOOAN), the Registered Trustees of the Tricycle Owners and Drivers Association of Lagos State (TODAL), the National Union of Road Transport Workers (NURTW) and the Road Transport Employers Association of Nigeria (RTEAN) to recognise TOAN as an independent registered trade union under the Trade Unions Act.

Justice Essien held in the substantive judgment that the Lagos State Government lacked the legal authority to compel TOAN to operate under, merge with or be amalgamated into NURTW or RTEAN, describing the government’s actions as discriminatory, unconstitutional, unlawful, oppressive, amounting to an unfair labour practice, and ultra vires.

The court ordered the Lagos State Government and its officials to recognise TOAN and allow it to operate freely in Lagos State without interference for as long as its registration as a trade union remains valid.

It also restrained TOOAN and TODAL from unlawfully competing with TOAN in organising commercial tricycle operators in Lagos State and restrained the Lagos State Government from interfering with TOAN’s lawful activities.

Justice Essien further awarded N5 million in damages against the Lagos State Government and the Attorney-General and Commissioner for Justice, jointly and severally, in favour of TOAN for unlawfully disrupting and interfering with the association’s operations.

Before rising, the judge criticised the practice of counsel filing additional processes after matters had been reserved for ruling, describing the conduct as unprofessional and inconsistent with established court procedure.

He stressed that judicial decisions are based on the law and the evidence properly before the court, not on documents filed after proceedings have closed. (The Nation)

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