A Review of the Jurisdiction of the High Courts and National Industrial Court to Hear and Determine Labour Disputes Litigation in Nigeria

• Jurisdiction: South Africa
• Citation: (2016) 3(2) Journal of Comparative Law in Africa 131
• Date: 16 August 2019
• Published date: 16 August 2019
• Author: Andrew Ejovwo Abuza
• Pages: 131-174

131

A REVIEW OF THE JURISDICTION OF THE

HIGH COURTS AND NATIONAL INDUSTRIAL

COURT TO HEAR AND DETERMINE LABOUR

DISPUTES LITIGATION IN NIGERIA

ANDREW EJOVWO ABUZA

Lecturer in Law, Delta State University,

Abraka (Oleh Campus), Delta State of Nigeria

The Constitution of the Federal Republic of Nigeria (Third Alteration) Act 2010

was enacted to further amend the Constitution of the Federal Republic of Nigeria

1999. It vests in the National Industrial Court exclusive original jurisdiction

over all labour and employment-related matters. After the coming into force of

the Act on 4 March 2011, labour dispute litigation has continued in some High

Courts. Worse still, some labour disputants still approach the High Courts for

the hearing and determination of their labour disputes. This is attributable to the

fact that the Act is silent on the fate of part-heard labour disputes in the regular

courts and the fact that many Nigerians are unaware of the import and purport

of the constitutional amendments introduced by the Act. This article reviews the

jurisdiction of the various High Courts and the National Industrial Court to

hear and determine labour dispute litigation in Nigeria. The writer suggests,

among other things, that the government should organise public lectures and other

public enlightenment programmes to sensitise judges of the High Courts, legal

practitioners, trade unionists, employers, workers and other Nigerians on the import

and purport of the constitutional amendments introduced by the Act.

Résumé: La Constitution de la République fédérale du Nigeria (troisième

modification) dut 2010 a été adoptée pour changer la Constitution de la

République fédérale du Nigeria du 1999. Elle confère à la compétence exclusive

de la National Industrial Court sur toutes les questions en matière de travail

et d’emploi. Après l’entrée en vigueur de la loi du 4 Mars 2011, les litiges en

matière de travail ont continué dans certains tribunaux de grande instance. Pire

encore, certaines parties se rapprochent encore aux hautes cours pour trancher leurs

différends en matière de travail. Cette situation est attribuable au fait que la loi

est muette sur le sort des conflits du travail partiellement traités mais pas encore

conclus dans les tribunaux ordinaires et le fait que de nombreux Nigérians ne

sont pas conscients de l’importance et la portée des amendements constitutionnels

introduits par la loi. Cet article examine la compétence des différents tribunaux

de grande instance et de la National Industrial Court pour trancher les conflits

de travail au Nigeria. L’auteur suggère, entre autres choses, que le gouvernement

devrait organiser des conférences publiques et d’autres programmes d’information

publique pour sensibiliser les juges de la Haute Cour, les juristes, les syndicalistes,

les employeurs, les travailleurs et les autres Nigérians sur l’importance et la portée

des amendements constitutionnels introduits par la Loi.

(2016) 3(2) Journal of Comparative Law in Africa 131

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132 JOURNAL OF COMPARATIVE LAW IN AFRICA VOL. 3, NO. 2, 2016

Keywords: labour dispute litigation, regular courts, National Industrial

Court, exclusive orig inal jurisdiction

Introduction

The Nigerian National Assembly enacted the Constitution of the Federal

Republic of Nigeria (Third Alteration) Act 2010 (Third Alteration Act

2010) to further amend the Constitution of the Federal Republic of

Nigeria 1999. The Third Alteration Act 2010, which came into force on 4

March 2011 following its official signing by former President Goodluck

Jonathan, reconstituted the National Industrial Court. Section 254C(1)

of the 1999 Constitution as amended by the Third Alteration Act 2010

vests in the National Industrial Court exclusive original jurisdiction in

all labour and employment-related matters. The 1999 Constitution as

amended by the Third Alteration Act 2010 emphasises in its sections 6(5)

(cc) and 254D(1) that the National Industrial Court shall be a superior

court of record and have all the powers of a High Court, respectively.

It is disappointing that despite the provisions above, labour dispute

litigation has continued in some High Courts after the commencement

of the Third Alteration Act 2010. The Act is to blame for allowing this

problem to emerge, as it is silent on the fate of part-heard labour disputes

in the regular courts. Worse still, some labour disputants still approach the

High Courts for the hearing and determination of their labour disputes

notwithstanding the provisions above. Thus, it is not clear to many people

whether it is the National Industrial Court or High Courts that has or

have jurisdiction to hear and determine litigation founded on labour

disputes.

This article reviews the jurisdiction of the various High Courts as well

as the National Industrial Court to hear and determine labour dispute

litigations in Nigeria, analyses the relevant statutory provisions and case

law, takes the position that the National Industrial Court is the only forum,

or the only proper forum, for the litigation of labour disputes in Nigeria,

highlights the practice in other countries, identifies the shortcomings

in the various laws and offers suggestions, which if implemented would

eradicate the problem of labour disputes being litigated in the regular

courts instead of the National Industrial Court, and further strengthens

or repositions the National Industrial Court for a better or more efficient

and effective discharge of its constitutional duties.

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133

A REVIEW OF THE JURISDICTION OF THE HIGH COURTS AND NATIONAL

INDUSTRIAL COURTS

Meaning of labour dispute

Labour dispute is also known as industrial dispute. The 1999 Constitution

as amended by the Third Alteration Act 2010 does not define the term

‘labour dispute’. In a similar vein, the Nigerian Trade Unions (Amendment)

Act 2005 and National Industrial Court Act 2006, although both statutes

use the term ‘labour dispute’ unlike the Nigerian Constitution, also do

not also define the ‘term labour dispute’. It can be seen clearly that the

term ‘labour dispute’ consists of two words, that is, labour and dispute. The

former can be defined as ‘work of any type, including mental exactions’.1 It

can also be defined as referring to work for wages as opposed to profit.2 Of

course, the definition of employment which is often used interchangeably

with labour can help in throwing more light on the meaning of labour.

Employment has been defined as the relationship between employer and

employee or the act of employing or the state of being employed or work

for which one has been hired and is being paid by an employer.3

Uvieghara states that labour is defined in item 33 of the exclusive

legislative list in the second schedule to the 1999 Constitution as

including: trade unions, industrial relations; conditions, safety and welfare

of labour; industrial disputes; prescribing a national minimum wage for

the Federation or any part of it; and industrial arbitrations. Dispute, on

the other hand, can be defined as an argument or disagreement between

two people, groups or countries. Put differently, it is a disagreement over

or about something. In Kalango v Dokubo the Nigerian Court of Appeal

stated that in ordinary parlance, any difference of opinion or conflict of

claims is a dispute.

From the foregoing discourse, labour dispute can be defined as a

disagreement or conflict of claims between a worker4 and his employer,5

1 BA Garner (ed), Black’s Law Dictionary (7th edition) (St Paul MN: West Publishing Co 2004)

890.

2 Ibid.

3 Ibid.

4 Note that a worker in Nigeria means any employee, that is, any member of the public service

of the Federation or of a state or any individual (other than a member of any such public service)

who has entered into or works under a contract with an employer, whether the contract is for

manual labour, clerical work or is otherwise expressed or implied, oral or in writing and whether it

is a contract personally to execute any work or labour or a contract of apprenticeship. See section

48(1) of the Trade Disputes Act Cap T8 Laws of the Federation of Nigeria 2004. This definition can

be criticised on the ground that it includes as a worker any person under a contract of apprenticeship

and a contract personally to execute any work or labour, that is, an independent contractor. These

persons cannot be said to be under a contract of service to make them workers. See AE Abuza,

‘Lifting of the Ban on Contracting Out of the Check-off System in Nigeria: An Analysis of the

Issues Involved’ [2013] 42 (1) The Banaras Law Journal 61.

5 Note that an employer in Nigeria means any person who has entered into a contract of

employment to employ any other person as a worker either for himself or for the service of any

other person, and includes the agent, manager or factor of that first-mentioned person and the

personal representatives of a deceased employer. See s 91 of the Labour Act Cap 198 Laws of the

Federation of Nigeria 1990 (now Cap L I Laws of the Federation of Nigeria 2004).

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