Overhauling the national industrial court act: A pathway to effective labour dispute settlement in Nigeria

Abstract

The National Industrial Court was established in 1976 with the aim of adjudicating on labour matters brought before it by disputants. But the provisions of the Act then establishing it made it extremely difficult for the court to effectively discharge its functions.The initial Act establishing the court placed it (the Court) in a subordinate position to the status of the Federal High Courts in Nigeria. Another difficulty faced by the court before now was the dual control of two separate bodies – the Labour Ministry and the National Judicial Commission. With the new National Industrial Court Act 2006 in place, and the Orders and Rules of 2007. National Industrial Court now has equal status with the Federal High Courts. Important labour matters such as salary, pension, gratuity, annual leave, unlawful termination of appointment, gender discrimination of employment, et cetera will be effectively handled by this court. Having NIC is not just enough. The paper suggests that enabling laws establishing it must make adequate provisions for its operation and efficiency.