EXCLUSIVE AND EXPANSIVE JURISDICTION OF THE NATIONAL INDUSTRIAL COURT: THE CONSTITUTION (THIRD ALTERATION) ACT, 2010 IN FOCUS
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Keywords:
Industrial disputes, alteration, labour mattersAbstract
The National Industrial Court established to resolve industrial disputes in Nigeria suffered some setbacks especially in the area of its jurisdiction to entertain matters. The jurisdictional controversies became compounded when the court was yet to be listed as a superior court of record by the 1999 Constitution. By adding the court to the list of superior courts, the Nigerian Constitution (Third Alteration) Act 2010, became a landmark amendment on this vexed legal issue. This work adopting a doctrinal approach, found out that another problem now emanates from the extant law's provision restricting the powers of the Court of Appeal to Fundamental Human Right decision from the National Industrial Court. This raises serious controversies on the powers of the Court of Appeal to hear all appeals from the National Industrial Court. By the Supreme Court decision in a case stated as discussed in this work, there is need for a formal amendment of this provisions. However, the Third Alteration if fully implemented by the various institutions will no doubt ensure a quick dispensation of labour and trade union disputes in Nigeria.
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References
i See the case of UDOH v OHMB (1987), NWLR (Pt.49) 112 and Savannah Bank & Ors v Pann Atlantic Shipping
and Transport Agencies Ltd.
ii Ejere, O.D, and Akhabue, D.A, Legal Implications of the Constitution (Third Alteration) Act, 2010 on the
Jurisdiction of the National Industrial Court (NIC)
iii (2010) 7 NWLR (Pt. 1194) 538 at 575 paras. C-F, Chukwumah – Eneh, J.S.C
iv O. Coker ‘Clarifying the Jurisdiction of the National Industrial Court’ 2011
http://www.internationallawoffice.com accessed 10 June 2016
v
ibid
vi National Union of Electricity Employees v. Bureau of Public Enterprise (2010) 7 NWLR (Pt1194)538 @575
para C-F
vii Ibid
viii (2012) 10 NWLR (Pt 1307) 89 at 111, para. E-F, 112-113 para. B-E
ix C. D. Ogbe, Enforcement of Fundamental Rights in Nigeria, 2017, Chudanog Publishers Ltd. P1
x The Constitution of the Federal Republic of Nigeria, 1999.
xi (2014), NWLR (Pt. 1389) 607 C.A
xii Constitution of the Federal Republic of Nigeria (Third Alteration) Act, 2010.
xiii (2013) LPELR-21131 (CA)
xiv (2013) LPELR-20407 (CA)
xv (2013) LPELR-20409 (CA)
xvi (2013) LPELR-20403 (CA)
xvii (2013) 18 NWLR (Pt. 1386) 225
xviii (2014) 114 NWLR (Pt. 1426) 45
xix (1980) N.S.C.C 299
xx (2017) LPELR-42595 (SC)
xxi See Section 254 (2) of the Constitution of the Federal Republic of Nigeria, 1999
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