Industrial Court Declares Hon. Godwin Adekeme as Substantive TOAN Chairman, Nullifies Purported Impeachment National Industrial Court of Nigeria

Industrial Court Declares Hon. Godwin Adekeme as Substantive TOAN Chairman, Nullifies Purported Impeachment

1572 Wednesday 22nd May 2019

Yenagoa – The Presidng Judge of the National Industrial Court of Nigeria, Yenagoa Judicial division, His Lordship, Hon. Justice Bashar Alkali has declared the purported suspension and impeachment of HON. GODWIN ADOKEME, Chairman of Tricycle Owners Association of Nigeria (TOAN) Bayelsa State Branch without recourse to the procedure stipulated in Rule 19 of the union constitution as unlawful, null and void.

The court held that the Defendant being him an executive member of the union cannot be punished pursuant to Rule 26 of the TOAN constitution, that the rule is solely meant for the discipline of erring members of the union.

The Claimant commenced this action by an Originating Summons dated 13^th day of December, 2018, sought for determination whether by the resolution of 2/3 members of Tricycle Owners Association of Nigeria (TOAN) Bayelsa State Branch dated the 24^th day of November, 2018 impeaching the Defendant is legal, valid and subsisting. And if the said question is decided in affirmative, the Claimants prayed for A DECLARATION that the resolution of 2/3 members of Tricycle Owners Association of Nigeria (TOAN) Bayelsa State Branch dated the 24^th day of November 2018 impeaching the Defendant is legal, valid and subsisting.

Likewise, AN ORDER restraining the Defendant from parading himself and any other persons as Chairman and Executive Members of Tricycle Owners Association of Nigeria (TOAN) Bayelsa State Branch.

Claimants’ counsel submitted that the Defendant having been impeached by 2/3 majority of its members after exhausting all laid down procedures pursuant to the provisions of the constitution of TOAN 2015 and all relevant Labour Laws is legal, valid and subsisting.

Learned counsel averred that the Defendant was the then Chairman of Tricycle Owners Association of Nigeria (TOAN) but engaged in the gross breach of their rules by engaging in the illegal acts and after impeachment, he has resorted to the issuance of threats to harass and intimidate the Claimants and threatened to form a Parallel State Executive of the Tricycle Owners Association of Nigeria (TOAN), Bayelsa State Branch.

However, the defendant stated that the TOAN constitution does not preclude any member or non paid officer from taking up a political appointment. He denied printing any illegal TOAN ticket for his personal consumption.

He stated that no State Congress held on the 24^th of November 2018 or any other date and that no resolution was passed by 2/3 majority of the Congress removing him as the Chairman of Bayelsa State Chapter of TOAN.

Counsel submitted that the Claimants did not prove beyond reasonable doubt the criminal allegations against the Defendant, that the purported suspension and subsequent impeachment is baseless and frivolous and not in accordance with the TOAN constitution

In the reply, learned counsel to the claimant contended that the Defendant having been investigated, confronted with the allegations of financial impropriety which he admitted to and pleaded for leniency, was impeached after being suspended

Learned counsel submitted that the impeachment of the Defendant consequent of his actions and pursuant to the provisions of Rules 19, 20, and 26 of the Tricycle Owners Association of Nigeria Constitution,2015 is legal, valid and subsisting and he urged the court to hold so accordingly.

After careful evaluation of all the processes filed, and the submissions of the learned Counsel from both sides, the Court presided by Hon. Justice Bashar Alkali expressed thus;

"It is of legal importance to note that the Defendant being him an executive member of the union cannot be punished pursuant to Rule 26 of the TOAN constitution. That rule is solely meant for the discipline of erring members of the union.

"The Defendant can only be proceeded against with regards to his suspension or impeachment pursuant to Rule 19 of the constitution being him an executive officer of the association.

“Also, in the report of the five man committee dated 19^th November, 2018 where the defendant was indicted, I am inclined to say that three out of the five members of the investigative panel were the same people who wrote the petition that necessitated for the establishment of the said investigative panel.

“In other words, they raised the allegations in a letter dated 6^thApril, 2017 to the National President of TOAN, and they also became members of the investigative panel. They served as accusers and judges in their own case which negates the principle of NEMO JUDEX IN CAUSA SUA (you can not be a judge in your own case) and the provisions of section 36 of 1999 constitution.

“I have no difficulty in resolving the lone issue for determination in favour of the Defendant and hold that the suspension and the subsequent impeachment of the Defendant without recourse to the procedure stipulated in Rule 19 of the TOAN constitution (EXT. JUS 1) was ultra vires and therefore null and void and of no effect whatsoever.

In all, the court set aside the purported suspension and subsequent impeachment and dismissed the case.

Full Judgment, Click Here