National Industrial Court of Nigeria
National Industrial Court of Nigeria
NATIONAL INDUSTRIAL COURT OF NIGERIA
Attempt by the Nigerian government to provide an efficient legal framework for the settlement of trade disputes dates back to 1941 with the promulgation of the Trade Disputes (Arbitration and Inquiry) (Lagos) Ordinance of 1941. Under this ordinance, only ad hoc bodies in the form of arbitration tribunals could be set up to handle trade disputes and it left the role of government to be merely discretionary at the instance or invitation of the parties. This ordinance was only applicable to Lagos until when the Trade Disputes (Arbitration and Inquiry) (Federal Application) Ordinance of 1957 was passed.
JURISDICTION OF THE NATIONAL INDUSTRIAL COURT OF NIGERIA
The court has exclusive jurisdiction in civil cases and matters relating to or connected with any labour, employment, trade unions, industrial relations and matters arising from workplace, the conditions of service, including health, safety, welfare of labour, employee, worker and matter incidental thereto or connected therewith. The court also has exclusive jurisdiction in civil matters relating to, connected with or arising from Factories Act, Trade Disputes Act, Trade Unions Act, Workmen’s Compensations Act or any other Act or Law relating to labour, employment, industrial relations, workplace or any other enactment replacing the Acts or Laws.
Appeals also lie from the Court to the Court of Appeal as contained in Chapter IV of the constitution of the Federal Republic of Nigeria, 1999. The National Industrial Court consists of the President of the Court and not less than twelve Judges. Presently the National Industrial Court is manned by the President and nine other Judges.
Section 254C of the Constitution of the Federal Republic of Nigeria (Third Alteration) Act 2010 provides as follows:
1. Notwithstanding the provisions of Section 251, 257, 272 and anything contained in this Constitution and in addition to such other jurisdiction as may be conferred upon it by an Act of the National Assembly, the National Industrial Court shall have and exercise jurisdiction to the exclusion of any other court in civil cases and matters-
2. Relating to or connected with any labour, employment, trade unions, industrial relations and matters arising from workplace, the conditions of service, including health, safety, welfare of labour, employee, worker and matter incidental thereto or connected therewith;
3. Relating to, connected with or arising from Factories Act, Trade Disputes Act, Trade Unions Act, Workmen’s Compensations Act or any other Act or Law relating to labour, employment, industrial relations, workplace or any other enactment replacing the Acts or Laws;
4. Relating to or connected with the grant of any order restraining any person or body from taking part in any strike, lockout or any industrial action, or any conduct in contemplation or in furtherance of a strike, lock-out or any industrial action and matter connected therewith or related thereto;
5. Relating to or connected with any dispute over the interpretation and application of the provisions of Chapter IV of this Constitution as it relates to any employment, labour, industrial relations, trade unionism, employers association or any other matter which the court has jurisdiction to hear and determine;
6. Relating to or connected with any dispute arising from national minimum wage for the Federation or any part thereof and matters connected therewith or arising therefrom;
7. Relating to or connected with unfair labour practice or international best practices in labour, employment and industrial relation matters;
8. Relating to or connected with any dispute arising from discrimination or sexual harassment at the workplace;
9. Relating to, connected with or pertaining to the application or interpretation of international labour standard;
10. Connected with or related to child labour, child abuse, human trafficking or any matter connected therewith or related thereto;
11. Relating to the determination of any question as to the interpretation and application of any-
i. collective agreement;
ii. award or order made by an arbitral tribunal in respect of a
trade dispute or a trade union dispute;
iii. award or judgment of the court;
iv. term of settlement of any trade dispute;
v. trade union dispute or employment dispute as may be
recorded in a memorandum of settlement;
vi. trade union constitution, the constitution of an association
of employers or any association relating to employment,
labour, industrial relations or workplace;
vii. dispute relating to or connected with any personnel matter
arising from any free trade zone in the Federation or any part
thereof;
1. Relating to or connected with trade disputes arising from payment or nonpayment of salaries, wages, pensions, gratuities, allowances, benefits and any other entitlement of any employee, worker, political or public office holder, judicial officer or any civil or public servant in any part of the Federation and matters incidental thereto;
2. Relating to-
i. appeals from the decisions of the Registrar of Trade Unions, or
matters relating thereto or connected therewith;
ii. appeals from the decisions or recommendations of any
administrative body or commission of enquiry, arising from or
connected with employment, labour, trade unions or industrial
relations; and
iii. such other jurisdiction, civil or criminal and whether to the
exclusion of any other court or not, as may be conferred upon it by
an Act of the National Assembly;
iv. relating to or connected with the registration of collective agreements.
3. Notwithstanding anything to the contrary in this Constitution, the National Industrial Court shall have the jurisdiction and power to deal with any matter connected with or pertaining to the application of any international convention, treaty or protocol of which Nigeria has ratified relating to labour, employment, workplace, industrial relations or matters connected therewith.
4. The National Industrial Court may establish an Alternative Dispute Resolutions Centre within the Court premises on matters on which jurisdictions are conferred on the Court by this Constitution or any other Act or Law:
Provided that nothing in this subsection shall preclude the National Industrial Court from entertaining and exercising appellate and supervisory jurisdiction over an arbitral tribunal or commission, administrative body, or board of inquiry in respect of any matter that the National Industrial Court has jurisdiction to entertain or any other matter as may be prescribed by an Act of the National Assembly or any Law in force in any part of the Federation.
5. The National Industrial Court shall have and exercise jurisdiction and powers to entertain any application for the enforcement of the award, decision, ruling or order made by an arbitral tribunal or commission, administrative body, or board of inquiry relating to, connected with, arising from or pertaining to any matter of which the National Industrial Court has the jurisdiction to entertain.
6. The National Industrial Court shall have and exercise jurisdiction and powers in criminal causes and matters arising from any cause or matter of which jurisdiction is conferred on the National Industrial Court by this section or any Act of the National Assembly or by any other Law.
7. Notwithstanding anything to the contrary in this constitution, appeal shall lie from the decision of the National Industrial Court from matters in sub-section 5 of this section to the Court of Appeal.
Section254D- (1) provides further thus:
For the purpose of exercising any jurisdiction conferred upon it by this Constitution or as may be conferred by an Act of the National Assembly, the National Industrial Court shall have all the powers of a High Court.
Sub-section (2) of section 254D provides:
Notwithstanding subsection (1) of this section, the National Assembly may by law, make provisions conferring upon the National Industrial Court powers additional to those conferred by this section as may appear necessary or desirable for enabling the court to be more effective in exercising its jurisdiction”.
JUDICIAL DIVISIONS OF THE NATIONAL INDUSTRIAL COURT
JUDGES OF THE NATIONAL INDUSTRIAL COURT