Court Recognizes TOAN As Only Tricycle Operator In Lagos

…Compels State Government, NURTW, RTEAN To Allow It Operate Freely

The Lagos Division of the National Industrial Court has declared that Tricycle Owners Association of Nigeria (TOAN) is a registered body with authority to carry out tricycle transport operations in Lagos State.

This is the import of the signed certified true copy of the court judgement delivered on 11th December 2025 by Hon. Justice E.J. Essien in the suit filed by the Tricycle Owners Association of Nigeria (TOAN) against the Lagos State Government, the State Attorney General, the National Union of Road and Transport Workers (NURTW) and the Road Transport Employers Association of Nigeria (RTEAN) for unlawfully controlling operations of tricycle transport in the state.

Justice Essien in his judgement held that under the law, TOAN has the right to operate and organize itself independently for the purpose of carrying out tricycle operations and protect the welfare, rights and interest of tricycle operators in Lagos State.

In the originating summons which was filed on 24th August 2021, TOAN had sought to know through the provisions of the Nigerian constitution and the trade union act if the state government, the commissioner for transport, the attorney general and commissioner for Justice and the incorporated trustees of the Tricycle Owners and Drivers Association of Lagos State (TODAL) have the power to authorize the NURTW and RTEAN to operate or organize under, or merge/amalgamate with, and /affiliate to the NURTW and RTEAN for the purpose of carrying out tricycle operations for which purpose TOAN was registered as a trade union.

However, after four years of legal battle, the court eventually declared that the defendants lack the power to authorize NURTW and RTEAN to operate or organize under, or merge/ amalgamate with, and/ or affiliate to the NURTW and RTEAN for the purpose of carrying out tricycle operations and protection of the welfare rights and interest of tricycle owners and operators for which purpose TOAN was registered as a trade union.

By the judgement, the court also declared the commissioner’s letter dated 22nd January 2020 and 12th April 2021 which discriminatory disapprove lawful tricycle operations of TOAN without any lawful cause, whilst allowing the operations of NURTW and RTEAN as unconstitutional, unlawful, oppressive and unfair labour practice and ultra vires the power of the state government, the commissioner for transport and the attorney general and commissioner for Justice.

The court also ordered the state government, commissioner for transport and the attorney general and commissioner for justice, their agents , officers and or privies to recognize and allow TOAN and its members/officers to operate freely in Lagos State without undue interference, inhibitions, constraints, hindrances, frustrations, for as long as TOAN’s certificate of registration as a trade union subsists and has not been cancelled by the Registrar of Trade Union’s.

Consequently, the court awarded the sum of N5m (Five Million Naira) as aggravated damages in favour of TOAN for the disapproval, disruption, interference and inhibition of the lawful operations of TOAN in Lagos State.