The Court of Appeal in Abuja has upheld Dr. Musa Mohammed’s position as the duly elected National President of the Road Transport Employers’ Association of Nigeria (RTEAN).
The judgement has effectively putting to rest a prolonged leadership dispute within the transport union.
In a ruling delivered in Appeal No: CA/ABJ/CB/467/2021, the appellate court dismissed the suit filed by Mr. Eriyo Osakpamwan, ruling that the matter had become purely academic and no longer held any substantive relevance. The court pointed out that the leadership tenure in question (2018–2023) had already ended and that fresh elections had been held since.
The panel of three justices, led by Justice Hamma Akawu Barka, with Justices Abba Bello Mohammed and Eberechi Suzette Nyesom-Wike concurring, unanimously held that the appeal lacked merit and had been overtaken by subsequent events.
Recall that the leadership controversy originated from a 2020 judgment of the National Industrial Court (NIC), which invalidated the claims of Osakpamwan and Mr. Yusuf Ibrahim Adeniyi as National President and Secretary-General of RTEAN. That court ruling endorsed the decisions of the RTEAN National Executive Council (NEC) made in 2018 and 2019, confirming Dr. Musa Mohammed as the legitimate leader of the association.
Osakpamwan, unhappy with the NIC’s decision, approached the Court of Appeal, initially presenting seven grounds of appeal. However, he later abandoned six, leaving only a jurisdictional argument, questioning whether the NIC could adjudicate on the matter without first undergoing the conciliation or arbitration process stipulated in the Trade Disputes Act.
In the lead judgment, Justice Abba Bello Mohammed stressed that courts are meant to resolve live legal issues, not to deliberate on academic or hypothetical matters.
“A suit becomes academic when it offers no practical benefit to the parties. Since the tenure in question expired in 2023 and new executives have been elected, this court has no mandate to revisit a concluded term,” he ruled.
Justice Nyesom-Wike, in her supporting judgment, noted: “This appeal is clearly moot. The tenure of Alhaji Musa Mohammed being contested ended two years ago. Though the case had merit when filed in 2021, it no longer presents a live issue. I agree fully that the appeal, being now academic, deserves to be struck out.”
Although the court acknowledged that issues of procedure, such as prior dispute resolution efforts, should normally precede litigation, it held that such considerations were no longer legally significant given the expiration of the tenure under dispute.
The judgment conclusively ends a five-year-long legal wrangling over the presidency of RTEAN.
Dr. Mohammed, in his reaction to the ruling, hailed the judiciary for delivering justice and thanked RTEAN members nationwide for their steadfast support throughout the legal ordeal.
“This decision validates our commitment to due process and strengthens the foundation of RTEAN’s governance. We’re turning a new chapter, one that focuses on unity, service, and the advancement of all transport employers in Nigeria,” he said.
He also extended a hand of reconciliation to former rivals, calling on all stakeholders to work together for the good of the association.
“It’s time to move on. Let’s come together and build a more unified, progressive RTEAN that will play a meaningful role in Nigeria’s socio-economic growth,” he added.
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