Towards the Effectiveness of a Labour Court: Nigerian Experience

• Author: Emuobo Emudainohwo
• Position: PhD (Glasgow), LLM (Lagos) LLB (Lagos) BL, Lecturer, Faculty of Law, Delta State University, Nigeria
• Pages: 204-220

ACTA UNIVERSITATIS DANUBIUS Vol. 13, no. 1/2017

204

Towards the Effectiveness of a Labour

Court: Nigerian Experience

Emuobo EMUDAINOHWO

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Abstract: Objectives: The Paper examines the positive effect of the principle of exclusive jurisdiction

in the National Industrial Court of Nigeria (NICN). This is important in view of a Bill

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before the

National Assembly (Nigerian legislature) which seeks to re move the exclusive jurisdiction conferred

on the NICN on labor matters, instead seeking bo th the NICN and the ordinary courts to share

concurrent jurisdiction

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. Prior work: It builds on the scholarship which advocates the establishment of

specialized labor courts. Approach: And combines analysis of Nigerian legislations and case-law and

relevant secondary sources. Implication: The P aper will be of value to the National Assembly, judges

and academics.

Keywords: Industrial Court; Exclusive jurisdiction; Labor law

1. Introduction

The National Industrial Court of Nigeria (NICN) was established in 1976 (i.e. 16

years after Nigerian’s independence) but became functional in 1978 pursuant to the

Trade Disputes Decree (now Trade Disputes Act 1976

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). Before the principle of

exclusive jurisdiction was introduced in the NICN it suffered from a number of

problems, one of which was that it shared jurisdiction with the ordinary courts

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PhD (Glasgow), LLM (Lagos) LLB (Lagos) BL, Lecturer, F aculty of Law, Delta State University,

Nigeria. Address: Oleh Campus, Oleh, Nigeria, Corresponding author:

emuoboemudainohwo@yahoo.co.uk.

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Constitution of the Federal Republic of Nigeria 1999 (Fifth Alteration) Bill 2012. Retrieved from

. See also (Atilola, Adetunji, &

Dugeri, 2012, pp 1-25).

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See the proposed section 254 C (1A) of the Constitution of the Federal Republic of Nigeria 1999

(Fifth Alteration) Bill 2012, retrieved from http://www.nials-nigeria.org/. The Bill was first read 19th

of April 2012.

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Trade Dispute Act 1976, Cap 432 Laws of the Federation of Nigeria, 1990.

AUDJ, vol. 13, no. 1/2017, pp. 204-220

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(High Court and Federal High Court) in labour matters. The effects were: delays

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in

theordinary courts

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, “forum shopping”

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by litigants, conflicting judgments all of

which created hardship and expense for workers then (Kanyip, 2001).

The principle of exclusive jurisdiction was first introduced by the National

Industrial Court Act 2006

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and further extended by the Constitution in 2010.

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This

has led to positive changes in the NICN which forms part of the focus of this paper.

In spite of these changes, there is a Bill

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currently before the National Assembly

(legislature) which seeks to remove the exclusive jurisdiction of the NICN in

labour matters, instead conferring concurrent jurisdiction upon the NICN and the

ordinary courts.

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It is much better for the NICN to be retained as a specialised

labour court with exclusive jurisdiction than exercising concurrent jurisdiction with

the ordinary courts. The Bill is therefore retrogressive; it is like taking two steps

backward after taking one step forward.

It has been said that “separate labour courts” can add little or nothing to labour law

and its implementation unless labour courts operate effectively (Wedderburn, 1987

p. 27). And one way of ensuring the effectiveness of a labour court (as observed in

the example of the NICN) is by conferring exclusive jurisdiction on it. With this

fact in mind, the paper seeks to focus on the positive effect of the principle of

exclusive jurisdiction in the NICN.

The Paper is divided into several parts. Part 1 is introductory. Some relevant terms

are defined in Part 2. Part 3 focuses on the literature review of some principles

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For instance, in the case of Isaac Obiuweubi v Central Bank of Nigeria [2011] 7NWLR Pt. 1247 465

SC, (which had to do with termination of employment), took the State High Court (ordinary court)

twenty-three years to decide which court, as between the State High Court and the Federal High

Court, had jurisdiction. Also in Amadi v NNPC (2000) 5 WRN 47 SC, (a case of wrongful dismissal

from employment), took thirteen years to resolve the issue of which court h ad jurisdiction to hear the

matter.

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The delay was partly due to the fact that the common law and its procedures operated by the ordinary

courts were not suitable to labour related matters. S ee Amadi v NNPC (2000) 5 WRN 47 SC, Isaac

Obiuweubi v Central Bank of Nigeria [2011] 7NWLR Pt. 1247 465 SC.

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This was so then because litigants could seek redress either from the NICN or the ordinary courts.

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Section 7.

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Constitution 1999 (as amended), section 254C(1),(2) & (5) .The Constitution was amended in 2010

by the Constitution of the Federal Republic of Nigeria (Third Alteration) Act 2010 to provide for this.

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Constitution of the Federal Republic of Nigeria 1999 (Fifth Alteration) Bill 2012. See also Atilola,

B. Adetunji, M. & Dugeri, M. (2012) Powers and Jurisd iction of the NICN under the Con stitution of

the Federal Republic of Nigeria (Third Alteration) Act 2010: A Case for its Retention, 6(3) Nigerian

Journal of Labour Law and Industrial Relations 1-25.

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See the proposed section 254 C (1A) of the Constitution of the Federal Republic of Nigeria 1999

(Fifth Alteration) Bill 2012. The Bill was first read on 19th April 2012.