The National Industrial Court (NIC) of Nigeria plays a crucial role in advancing labour rights and fostering industrial harmony in the country.
This court is solely responsible for hearing cases related to labour, employment, and other industrial relations matters.
Before the National Industrial Court’s establishment in 1976, State High Courts dealt with these cases. After its inception, the National Industrial Court had to transfer all such cases.
The court comprises a president and a varying number of judges, depending on the requirements of the National Industrial Act. As the court creates more divisions, it appoints more judges to support its operations.
Appointments of President and Judges
The President appoints the president of the court after receiving a recommendation from the National Judicial Council and confirmation from the Senate.
Similarly, the president appoints other judges based on the recommendation of the National Judicial Council.
To qualify as a judge of the National Industrial Court in Nigeria, a person must have at least 10 years of experience as a lawyer and possess substantial knowledge and experience in the practices of employment conditions and industrial relations.
Read also: Supreme Court and its status in the judiciary
Jurisdiction of the National Industrial Court
The NIC is a court of first instance and it has both civil, criminal and appellate jurisdiction.
The court has civil jurisdiction to hear and determine matters related to labour, employment, trade unions, industrial relations and matters arising from workplace, free trade zone, the conditions of service, including health, safety, welfare of labour, employee, worker and matters incidental thereto or connected therewith.
Also, it hears matters connected with Factories Act, Trade Disputes Act, Trade Unions Act, Labour Act, Employees’ Compensation Act or any other Act or Law relating to labour, employment, Industrial relations, workplace or any other enactment replacing the Acts or Laws.
It has powers to hear matters arising from national minimum wage, unfair labour practices or international best practices in labour, employment, discrimination or sexual harassment at workplace, child labour, child abuse, human trafficking.
It also has jurisdiction to hear matters related to collective agreement, terms of settlement and award relating to trade disputes.
The NIC hears and tries disputes connected to 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.
The court hears appeals from the decisions or recommendations of Registrar of Trade Unions, administrative body or commission of enquiry, arising from or connected with employment, labour, trade unions or industrial relations.
The court also holds jurisdiction to determine criminal cases that arise from matters for conferred on it jurisdiction by an act of the national assembly.
What you should know
It is worthy of note that for the purpose of exercising its powers, the national industrial court has the status of a federal high court.
The National assembly can at any time enact a law to increase the original jurisdiction be it (civil or criminal) or appellate jurisdiction of the National Industrial court.
The NIC is required to establish a mediation centre where disputes can be referred to for amicable settlement or using any means of alternative dispute resolution. The court sits with a single judge when to determine a dispute.
Lastly, Just like other justices and judges of superior courts of record, the President and other Judges of the National Industrial court are guided by the Code of Conduct for Judicial officers issued by the National Judicial Council.
The code regulates their affairs both in the public and when carrying out their judicial and administrative duties. The National Judicial Council, charged with the responsibility of ensuring compliance, would appropriately sanction any judge found in violation of the code.
Author: Yahaya Yusuf
