The National Industrial Court sitting in Kano has ruled that the Kano State Tipper Drivers Association cannot operate as a trade union, as it is not registered under the law. Delivering judgment, the Presiding Judge, Hon. Justice Mahmood Namtari, held that the association’s actions contravened the Trade Unions Act and must cease immediately.
The court issued a perpetual injunction restraining the association’s leaders and members from issuing tickets to tipper and truck drivers at quarry sites, interfering in union activities, or compelling drivers to join the group. The ruling applies across Kano State and reaffirms the authority of the legally recognised union in the sector.
In his judgment, Justice Namtari stated that only duly registered trade unions possess the legal authority to regulate labour activities, issue operational tickets, and collect levies within their approved jurisdiction. He affirmed that the Union of Tipper and Quarry Employers of Nigeria (Kano State Chapter) remains the lawful body responsible for regulating quarry haulage operations in the state.
The judge further restrained the Incorporated Trustees of the Kano State Tipper Drivers Association, including its Chairman, Mr. Ado Umar, and other executives, from performing any trade union functions or presenting themselves as one. He emphasised that registration under the Trade Unions Act is a mandatory requirement for any group seeking to function as a trade union.
According to court records, the claimant, the Union of Tipper and Quarry Employers of Nigeria (Kano State Chapter), argued that it is the recognised trade union for tipper and truck drivers operating at quarry sites. The union alleged that the association, which is unregistered, had been unlawfully issuing tickets, collecting levies, and compelling drivers to join its ranks, thereby interfering with its legally assigned duties.
In their defence, the Kano State Tipper Drivers Association maintained that it is merely a welfare group established to protect the interests of its members. The association denied acting as a trade union or interfering with the claimant’s responsibilities. Its counsel argued that the constitutional right to freedom of association permits individuals to organise for welfare purposes and urged the court to dismiss the case.
Counsel to the claimant countered that any group performing trade union functions without proper registration acts outside the law. He urged the court to uphold the provisions of the Trade Unions Act and grant all the reliefs sought.
In his final decision, Justice Namtari held that the right to freedom of association does not extend to exercising powers reserved exclusively for registered trade unions. He ruled that the association had engaged in unauthorised activities and unlawfully interfered with the statutory duties of the recognised union.
The court concluded that any attempt by the Kano State Tipper Drivers Association to issue tickets, compel drivers, or operate within the union’s jurisdiction constitutes illegal encroachment and must stop forthwith.
