...Warns Emeka Nwibo Against Engaging In Illegal, Fraudulent Act
By Celestine Okeh, Abakaliki
Ebonyi State Government on Tuesday, ordered immediate reinstatement of the Executive of Ikwo Tipper Driver's Union, which was earlier dissolved by Mr Emeka Nwibo, describing his action as illegal.
Nwode noted that the Emeka Nwibo led Ebonyi State Tipper Drivers'Union lacks the constitutional,lawful and moral justifications to dissolve the elected executive committee of Ikwo Tipper Drivers Association for failure to pay the registration fee when the Union is also in default of payment of the same fee.
Presenting the Government position on the matter to the members of Tipper driver's Union at the conference hall, ministry of internal security border peace and Conflict resolution, old Government House Abakaliki, the Senior Special Assistant to the Governor on legal services and Conflict resolution, Barr Emeka Nwode, said, after thorough investigation in the issue raised by the conflicting parties, came up with the following findings.
(i)That what has been referred to as the “Ebonyi State Tipper Drivers Union”(the Union) is actually a Co-operative Society registered as“The Ebonyi State Tipper Drivers Union Abakaliki Multi-Purpose Co-operative Society Limited".The certificate of its registration dated 20th June,2006 is herein attached and marked as “Annexure 3”
(ii) By virtue of Section 3 of the Constitution of the Union,membership of the Union is not mandatory for the tipper drivers in Ebonyi State. The section provides that:
a.Membership shall be open to all tipper drivers here in Ebonyi State and shall be strictly by registration.
b. A prospective member shall be a member of one of the units that makes up the union.
c. The prospective member must be sponsored or introduced by two or three members of his unit for screening at the central body of the union.
d. If the member screened is successful then such a member will be registered.
This,therefore, means that membership of the Union is optional for tipper drivers.
(iii) The Ikwo Tipper Drivers Association(The Association) was registered with the Corporate Affairs Commission(CAC)."Annexure 2"refers.
(iv) By virtue of its incorporation with the Corporate Affairs Commission,the Ikwo Tipper Drivers Association has a better legal status that the Ebonyi State Tipper Drivers Union which is a Multi-Purpose Co-operative Society registered with the Directorate of Co-operatives,Ebonyi State. However,the Constitution of the Ikwo Tipper Drivers Association conceded the controlling power over the Association to the Union.
Section 13 of the said constitution provides, inter alia, that
The Chairman of the Association shall be answerable to the State Executives of Ebonyi State Tipper Drivers Union on the day-to-day activities of the unit".
(v) That sometime in 2020,theEbonyi State Government issued a directive for each tipper driver to pay a registration fee of N50,000.00 (Fifty Thousand Naira) for the license to operate in the State.
(vi) That payment of the registration fee was given as a condition precedent for anyone to operate a tipper(driver )in the State or contest election into the State Executive Committee of the Union.
(vii)That there is no evidence to prove that any member of the Union led by Emeka Nwibo paid any money as registration fee pursuant to the directive of the State Government. This is despite the claim by the Union that a total sum of N1,500,000.00 (One Million,Five Hundred Thousand Naira),which represents payments by 30 (thirty) members of the Union, has been paid to Ebonyi State Government.
(viii) That a document purported to have been issued by the office of the Special Assistant to the Governor on Parks Development was presented as evidence of the payment of the prescribed registration fee.However, this has been found to be fraudulent as there is no evidence that any money was paid into any Ebonyi State Government Internally Generated Revenue(IGR)account.
A copy of the fake and fraudulent acknowledgement document is attached and marked as “Annexure 4”
(ix) That no member of Ikwo Tipper Drivers Association paid the registration fee before 9th June,2022;at which time the petition under review had been filed.
(x) That the purported dissolution of Ikwo Tipper Drivers Association bythe Emeka Nwibo led Ebonyi State Tipper Drivers Union for,according to Emeka Nwibo,the failure of the Association to pay the registration fee as directed by the State Government is baseless and fraudulent since neither
Emeka Nwibo nor any member of the Union could not provide any evidence of paying the fee despite the long time given to them to present such evidence.
(xi) That during the pendency of this petition,Ikwo Tipper Drivers Association presented a receipt of payment of N1,000,000.00(One Million Naira) as evidence of the payment of an initial deposit of N25,000.00(Twenty Five Thousand Naira) by each of 40 (forty) of its members out of the N50,000.00(fifty thousand) as directed.
Copies of the receipts,bank tellers and a list of the members that made the payment are attached and marked as “Annexure 5”
(xii)That the crisis between the Ebonyi State Drivers Union and the Ikwo Tipper Drivers Association was caused by the insistence of the leadership of the Ebonyi State Drivers Union to control the activities of the members of the Ikwo Tipper Drivers Association.Also,the collection of levies/fees from the latter in the exercise of the powers purportedly conferred on the Union by the constitution and the directive of the State Government despite the failure and, or, refusal of the Union itself to pay the registration fee or provide any verifiable evidence of such payment created serious friction amongst the members of the feuding parties.
(xiii)That the Executive Committee of Ikwo Tipper Drivers Association was duly elected on 15th February,2020 for a 4 (four) years tenure which should expire on 14th February,2024.
"(xiv) That the dissolution of the elected Executive Committee of Ikwo Tipper Drivers Association by Emeka Nwibo sometime in December 2021 was in furtherance of the unlawful powers that he, Emeka Nwibo,had illegitimately assumed.
(xV) That the violent clashes between the two groups in some of the motor parks where they operate are capable of precipitating a complete breakdown of law, order and loss of lives and properties.
In conclusion, the resolution noted as follows;
(i)That the issue of the persons lawfully entitled to lead,control and enforce the constitutions of the Ebonyi State Drivers Union and the Ikwo Tipper
Drivers Association,and the directive of the Ebonyi State Government for the payment of a registration fee by each tipper driver operating in the State has created a leadership crisis between the two different drivers associations.
(ii) The Emeka Nwibo led Ebonyi State Tipper Drivers'Union lacks the constitutional,lawful and moral justifications to dissolve the elected executive committee of Ikwo Tipper Drivers Association for failure to pay the registration fee when the Union is also in default of payment of the same fee.
(iii) The Ebonyi State Tipper Drivers Union and the various affiliate units have neglected,failed and, or,refused to pay the registration fee of N50,000.00(fifty thousand naira) by each driver as directed by the Ebonyi State Government.
(iv) The only verifiable payment that has been made as registration fee is the N25,000(twenty five thousand) naira paid by each of the listed 40 (forty) members of Ikwo Tipper Drivers Association.This amounts to a total sum of N1,000,000.00(One Million Naira).
That in view of the facts as presented by the parties to this petition and the available vidence, the following recommendation are hereby presented;
(i) The Caretaker Committee set up for the Ikwo Tipper Drivers Association by the Mr. Emeka Nwibo led Ebonyi State Tipper Drivers Committee of the Association elected on 15th February,2020 should be reinstated.
(ii) The office of the Special Assistant to the Governor on Transport should be directed to verify all claims of payment of the registration/ operating license fee of N50,000.00(Fifty Thousand Naira) which is an extant policy of the State Government.
(iii) The enforcement of the payment of the registration/operating license fee of N50,000.00 by each of the tipper drivers operating in Ebonyi State as directed by the State Governor should resume immediately.
iv)
The directive that only the tipper drivers that have paid the stipulated registration/operating license fee are eligible to contest elections as members of the Executive Committee of the Ebonyi State Tipper Drivers Union and any of its affiliate units should be implemented immediately in order to ensure a better organized drivers union, and ensure a speedy resolution of all the leadership crises in the Union and its affiliate units.
The confirmation of each payment should be by receipts duly issued by the Ebonyi State Internal Revenue Board to avoid fraudulent claims by defaulters who are sabotaging the State Governments' revenue generation and conflict resolution strategies at the various motor parks.
i) A stern warning should be issued to Mr. Emeka Nwibo and officials of the Ebonyi State Tipper Drivers Union to desist from the practice of procuring fake evidence of payment of Government fees and interfering in the activities of the various tipper drivers units when he, Emeka Nwibo, and the other officials of the Union are still in default of the payment of the registration/operating license fee as directed by the State Government.
Responding to the ruling, the ALGON Chairman of the Union, Comrade Chinedu Onicha, appreciated the state Governor Engr David Umahi, the Deputy Governor, Barr Eric Kelechi Igwe and the Senior Special Assistant to Governor, Barr Emeka Nwode for the wisdom adopted in resolving the matter and assured of the Union's readiness to support Government programs especially in the area of remitance of internally generated revenue.
He assured that the union will continue to be peaceful, law abiding in conducting their business in State.
The meeting had a attendance, members and leaders of the Tipper driver's from Izzi, Ikwo, Ohaukwu, Ezza North Local Governments and various units among others.
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