The Supreme Court is expected on June 30,
2017 to rule on the finality of the decisions of the National Industrial Court
of Nigeria (“NICN”). The apex court will
be making this decision in the cases of Mainstreet
Bank Ltd (now Skye Bank Limited) vs Victor Anaemen Iwu and Coca-Cola Nigeria
Limited vs Mrs. Titilayo Akinsanya which are currently before the court.
2017 to rule on the finality of the decisions of the National Industrial Court
of Nigeria (“NICN”). The apex court will
be making this decision in the cases of Mainstreet
Bank Ltd (now Skye Bank Limited) vs Victor Anaemen Iwu and Coca-Cola Nigeria
Limited vs Mrs. Titilayo Akinsanya which are currently before the court.
There is no gain saying the fact the third alteration
to the 1999 Constitution of the Federal
Republic of Nigeria (CFRN 1999) has started a revolution at the NICN which has
given all stakeholders (judges, lawyers and litigants alike) an interesting
topic to debate on. Though the scope of our discuss will be limited to the
appealability of the decisions of the NICN, other areas in which the said
revolution has been witnessed are:
to the 1999 Constitution of the Federal
Republic of Nigeria (CFRN 1999) has started a revolution at the NICN which has
given all stakeholders (judges, lawyers and litigants alike) an interesting
topic to debate on. Though the scope of our discuss will be limited to the
appealability of the decisions of the NICN, other areas in which the said
revolution has been witnessed are:
1. Jurisdiction: the court now has
exclusive jurisdiction in civil causes and matters relating to or connected
with
industrial
relations
and
matters
arising
from
workplace, the conditions of service and safety of workers and including
welfare of labour and matters incidental thereto or connected therewith; and
exclusive jurisdiction in civil causes and matters relating to or connected
with
industrial
relations
and
matters
arising
from
workplace, the conditions of service and safety of workers and including
welfare of labour and matters incidental thereto or connected therewith; and
2. The court has now been empowered
to
apply
international
labour
treaties,
conventions and protocols and international practices in Labour.
to
apply
international
labour
treaties,
conventions and protocols and international practices in Labour.
As earlier stated the essence
of
our discuss will be limited
to
appealability of the decisions
of the NICN. By virtue of the Third Alteration Act, decisions of the NICN
in civil suits
that it has original jurisdiction are final. Appeals may only lie to the Court of Appeal
on issues bordering on fundamental human rights as provided for in chapter IV
of the CFRN 1999.
of
our discuss will be limited
to
appealability of the decisions
of the NICN. By virtue of the Third Alteration Act, decisions of the NICN
in civil suits
that it has original jurisdiction are final. Appeals may only lie to the Court of Appeal
on issues bordering on fundamental human rights as provided for in chapter IV
of the CFRN 1999.
The court of Appeal has already interpreted
the law as it concerns this alteration. In Coca-cola Nig. Ltd. & 2 Ors v.
Mrs. Titilayo Akinsanya, the Court observed and held as follows:
the law as it concerns this alteration. In Coca-cola Nig. Ltd. & 2 Ors v.
Mrs. Titilayo Akinsanya, the Court observed and held as follows:
“It is my considered view clear from the
positions reproduced above; that
positions reproduced above; that
the lower court though a superior court of
record is not in the same league
record is not in the same league
with the Federal High Court or State High
Courts against the backdrop of
Courts against the backdrop of
appeals. The lower court is clearly
the
only
superior
court
of
record
created by the Constitution whose decisions
can
never
be
tested
on
appeal in the Supreme Court.”
the
only
superior
court
of
record
created by the Constitution whose decisions
can
never
be
tested
on
appeal in the Supreme Court.”
The result of the foregoing is that
it has created a myriad of diverse opinions, with criticisms
here and there, especially as it concerns the right of an aggrieved person to appeal
the decision of court if dissatisfied.
it has created a myriad of diverse opinions, with criticisms
here and there, especially as it concerns the right of an aggrieved person to appeal
the decision of court if dissatisfied.
NEED
FOR URGENCY IN LABOUR DISPUTES
FOR URGENCY IN LABOUR DISPUTES
There is no gainsaying the fact labour
matters ought to be finished with dispatch. It is often said that “there must
be an end to litigation” and the emphasis of this saying cannot be
overemphasized in labour matters. Labour matters often a involve former employee
whose daily earning is an issue central to the suit on the one side and an employer
whose management wants to dispense with the issues as soon as possible in order
to avoid the distraction often associated with litigation.
matters ought to be finished with dispatch. It is often said that “there must
be an end to litigation” and the emphasis of this saying cannot be
overemphasized in labour matters. Labour matters often a involve former employee
whose daily earning is an issue central to the suit on the one side and an employer
whose management wants to dispense with the issues as soon as possible in order
to avoid the distraction often associated with litigation.
In Nigeria (prior to the third alteration)
there has been cases of retirees who sued their former employers for failure to
pay pensions, it is sad to say that a host of these senior citizens who mostly
fall within 65-75 years either die or are too old to enjoy the benefits of the
pension if eventually ordered to be paid by the court. The reason for this is
not farfetched, the matters are often tied on appeals (sometimes all the way to
the supreme court). The average case litigated from the High Court to the
Supreme Court in Nigeria
there has been cases of retirees who sued their former employers for failure to
pay pensions, it is sad to say that a host of these senior citizens who mostly
fall within 65-75 years either die or are too old to enjoy the benefits of the
pension if eventually ordered to be paid by the court. The reason for this is
not farfetched, the matters are often tied on appeals (sometimes all the way to
the supreme court). The average case litigated from the High Court to the
Supreme Court in Nigeria
can take as long as 7-10 years.
COMPARATIVE
ANALYSIS WITH OTHER JURISDICTIONS (SOUTH AFRICA)
ANALYSIS WITH OTHER JURISDICTIONS (SOUTH AFRICA)
In south Africa The
Labour Court
(which is similar to the NICN), deals with labour law and the
relationship between employer, employee and trade union,
in particular cases arising under the Basic
Conditions of Employment Act (South Africa) the Labour
Labour Court
(which is similar to the NICN), deals with labour law and the
relationship between employer, employee and trade union,
in particular cases arising under the Basic
Conditions of Employment Act (South Africa) the Labour
Relations Act and the Employment Equity Act.
Appeals from the Labour Court lie to the Labour
Appeal Court which has a status similar to the Supreme Court of Appeal. There
is no further appeal except on constitutional matters, in which case appeals
may be heard by the Constitutional Court, which is the final court in the land.
Appeal Court which has a status similar to the Supreme Court of Appeal. There
is no further appeal except on constitutional matters, in which case appeals
may be heard by the Constitutional Court, which is the final court in the land.
CONCLUSION
What is clear from the foregoing is the
fact the world is changing in terms of settlement of Labour and Industrial
disputes. Countries around the world have since realized the need for labour matters
to
be
completed
with
dispatch
and
have
since
created
specialized labour court with exclusive jurisdiction to handle labour and
employment related matters, with limited right of appeal.
fact the world is changing in terms of settlement of Labour and Industrial
disputes. Countries around the world have since realized the need for labour matters
to
be
completed
with
dispatch
and
have
since
created
specialized labour court with exclusive jurisdiction to handle labour and
employment related matters, with limited right of appeal.
Perhaps will one day have a NICN court of
appeal in Nigeria.
appeal in Nigeria.
Busayo Adedeji
Busayo
Adedeji is
an Associate in the corporate and commercial, corporate immigration, employment
and labour, banking and corporate finance practice group of Bloomfield Law
Practice; and advises multinational and local clients on matters such as
regulatory compliance, trade unions, labour and employment, dispute resolution
etc.
Adedeji is
an Associate in the corporate and commercial, corporate immigration, employment
and labour, banking and corporate finance practice group of Bloomfield Law
Practice; and advises multinational and local clients on matters such as
regulatory compliance, trade unions, labour and employment, dispute resolution
etc.
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