Application of treaties in Nigeria vis-à-vis the instruments of the international labour organisation

Abstract

The constitutional requirement for application of treaties in the Nigerian jurisprudence appears thin and settled by the provisions of section 12(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended). The nature of the constituents of the International Labour Organisation (ILO) is however sui generis because apart from sovereign states, employers and employees also participate in the making of conventions. The situation is therefore different with regards to international legal instruments that deal with labour rights. The paper discusses the procedure for the application of such instruments of the ILO, the attitude of the courts to such instruments and makes a case for a more liberal approach to the interpretation and application of international legal instruments and domestic laws that dwell on labour rights.

Keywords: Treaties, Conventions, Application of international Legal instruments in States