A Nasarawa State high court sitting in Mararaba has thrown out an application for Stay of Execution filed by the National Union of Road Transport Workers (NURTW), Karu Branch on a judgement delivered by the court on the 30th June, 2016 for lack of merit.
The tipper park at Aso Village in Mararaba, Nasarawa State, has been a subject of disispute between Aso Pada Association and the Karo Chapter of the NURTW.
After forcefully ejecting Aso Pada Association from the property, the association took the matter to the police, after which NURTW went to the court to challenge the legality of the association operating a “tipper garage” in the area independent of the national union, and asking the Court to stop the association from operating there any further.
The suit numbered NSD/MG/05/13 was between NURTW and Alhaji Abdulahi Kuku Onda as the plaintff, and Mr Nathan Uke-Suit and The incorporated Trustees of Aso Pada, Guruku, Kabisu, and Yelwa Tipper Owners and Quary Workers Association of Nasarawa State as the defendant.
Delivering judgement on suit then the sitting judge, Justice Simon Aboki, had asked NURTW to pay N10 million damages to Mr Nathan Uke-Suit and the Asociation, and vacate the disputed land, Aso Tipper Park, with immediate effect, noting that as Section 40 of the 1999 constitution allows for freedom of association and assembly, the constitution also empowers local governments to grant permit for such local operations.
Following the ruling, NURTW filed an application demanding stay of execution which was last Friday rejected by the court on grounds of lack of substantial and convincing reasons.
In a 35-page judgement read out, Justice Aboki said, “There is nothing concrete, cogent and more convincing before me to warrant the grant of Stay of Execution in this case. Accordingly, the motion for stay of execution judgement delivered by the Court earlier is thereby retrieved.”
Cognisance of the fact that NURTW had already gone on appeal, the Court ruled that the sum of N10 million damage issued against NURTW be paid by the union to the Court pending the outcome of the appeal while it stopped operating further on the land with immediate effect.
Speaking on the judgement on behalf of the lead counsel to Natan, Barr Jou Tersoo, the counsel in his chamber, Barr Fayape Johnson Olawole, described the judgement as victory for democracy and the Nigerian Mass.
“A situation where a group of few persons come together in the name of union and lord it over the majority as is the case in the country is not in conformity with the tenets of democracy. This judgement today has proved that democracy has come to stay in Nigeria,” he said.