REVISITING THE CONTROVERSIES ON THE JURISDICTIONOF NATIONAL INDUSTRIAL COURT OF NIGERIA OVER LABOUR-RELATED HUMAN RIGHTS MATTERS*

Abstract

The advent of the Third Alteration Act ushered into the Nigerian corpus juris fundamental provisions which inter alia laid to rest the long jurisdictional debacle over the scope of the powers of the National Industrial Court (NIC) on labour-related human rights matters. By the said amendment, the National Industrial Court was empowered to entertain fundamental rights action arising from labour-related matters. However, despite this amendment certain limitations still persist which creates confusion for the courts and in some circumstances deprives genuine litigants the opportunity of having their genuine labour related fundamental rights cases ventilated before the before the NIC, which was meant to adjudicate on such subject matter. On the other hand, the applicability of the trail blazing Fundamental Rights (Enforcement Procedure) Rules (FREP Rules) in proceedings commenced before the NIC has been perpetually faced with legal logjam despite predating the Third Alteration Act. The research employs an in-depth analysis of existing legal framework and decided cases in fundamental rights cases and attempts a rethinking of the existing framework over labor related fundamental rights action. The research question widely held views and grey areas thereto, in furtherance of making a case for the expansive and unlimited jurisdiction of the NIC over labour-related fundamental rights actions. Reliance will be placed on some decided cases from the apex court on the need to adopt an expansive interpretation of the Constitution on fundamental rights suit to meet the course of justice. To this end, this paper critically appraises the jurisdictional scope of the National Industrial Court in labour related fundamental rights issues with a view to proffer recommendations for reform.