Oshiomhole In A Fight Between The Elephant And The Pit

By Ehichioya Steve Odion

The National Industrial Court sitting in Benin City has barred Edo Tipper Drivers Association from collecting dues henceforth. This was contained in a Suit No NICN/BEN/36/2018 filed by the association against Union of Tipper and Quarry Employers of Nigeria, Edo State Council.

This was disclosed by Comrade Gabriel Osaigbovo, Chairman of Union of Tipper And Quarry Employers of Nigeria, Edo State Chapter while briefing Journalists today in Benin City.

Osaigbovo said before now the body was Truck Owners Association, adding that when the Union of Tipper and Quarry Employers came on board they all went into harmonization and fused into the new body, but the Edo Tipper Drivers Association refused to adhere to the new development and decided to go to Industrial Court for better interpretation.

According to Osaigbovo, "Edo Tipper Drivers Association is not a registered trade union and it cannot carry out the duties of the Union as they are presently doing. They should desist from that act that are contrary to what they are registered to do as a body. It is only the Union of Tipper and Quarry Employers of Nigeria that has such power to collect levies or dues from its members or workers".

He emphasized that it is only their Union that can collect  union dues from Tipper drivers, Truck drivers and other trucks within solid minerals in Edo State.

He also said that it is the duty of the internal revenue service to collect government revenue by the new harmonised act of 2017, as old levies are built together through electronic scratch card. But he however, said it is the union that supposed to be in charge of the collection and thereafter allocate the shares of government and that of the Union from the dues collected.

He added that over time Tipper Drivers Association has forcefully deny government from benefiting by doing the collection by themselves and thereafter remit whatever they like to the state government.

In the judgement, the court said the claimant which is theTipper Drivers Association lacks capacity to institute the present suit against the 1st - 3rd defendants as predicated on the enacted Edo State Local Governments Union and Harmonized Levies, Rates Fees and Charges Law, 2017.

Consequently, the question set down for determination and the reliefs sought by the claimant in this case, cannot be sustained with respect to the subject matter of this suit, as a result of which the suit fails for lack of merit and is hereby dismissed.