Fagbemi to Judges: Let Your Judgements Create Industrial Harmony Capable of Attracting FDI

Alex Enumah in Abuja

Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN, Tuesday, tasked judges of the National Industrial Court of Nigeria (NICN) to ensure that their judgements not only create industrial harmony but are also capable of attracting Foreign Direct Investment (FDI) into the country.

Fagbemi, who gave the charge in a remark he presented at a special court sitting to mark the 2024/2025 Legal Year of the NICN, stressed that the National Industrial Court plays a crucial role in fostering a conducive environment for businesses to thrive and contribute to Nigeria’s economic prosperity.

“Industrial harmony is essential for attracting foreign investment, creating jobs, and promoting sustainable development. Consequently, the court’s decisions have direct impact on the stability and efficiency of our industries, and its rulings must therefore be grounded on sound legal principles and a deep understanding of the complexities of the labour market”, the AGF said.

He subsequently urged the judges of the industrial court to always strive to achieve sustainable balance between justice for the employer, employee, and the public/society, adding that the court should at all times accord special attention to cases bothering on the growing and worrisome trend of workplace discrimination and harassment of all forms.

“Whilst the court is expected to disapprove abhorrent labour practices, it must also sustain good human resource policies to engender discipline, diversity, welfare, and stability in public service and private sector”, he said.

“To achieve this goal, the National Industrial Court must continue to invest in its infrastructure, human resources, and technology. The court should also explore ways to enhance its efficiency through technological tools in order to reduce the backlog of cases. This may involve strengthening its alternative dispute resolution mechanisms”, he added.

Meanwhile, the minister suggested the need to undertake a developmental review of extant trade union and labour laws, practices, and procedures so as to attune them with current realities and applicable ILO Conventions.

Fagbemi further enjoined the court to expand its jurisprudence to taking proactive steps through stakeholder engagements, in conjunction with the Ministry of Labour, to developing capacities of relevant stakeholders in order to prevent disputes from escalating and promote a culture of industrial harmony.

“Nigeria cannot afford to continue on the present trajectory of incessant labour unrest and strike actions if indeed we desire to grow our economy beyond the present realities”, he added.

Earlier, President of the NICN, Justice Benedict Kanyip, in an address, assured litigants that the court has taken several positive steps to ensure speedy dispensation of justice, in line with the guiding principle of the International Labour Organization (ILO).

He disclosed that one of these steps is the introduction of a Judgement Portal (https://www.nicnadr.gov.ng/.), where judgements of the courts are uploaded once delivered.

He said: “As a Court, we strive every day to improve on our justice delivery system and general administration of the court in order to earn the trust and confidence of the users of our services and the general public.

“Accordingly, our digital solutions, deployed to ease the judicial process, have been improved on. For instance, our website, judgment portal and cause-list portals have been upgraded, with new portals just launched i.e. the CTC (Certified True Copies) and final written addresses portals.

“It is now possible to get certified true copies of judgments and to submit written addresses online. This means that the requirement of submitting written addresses in discs or flash drives may now be dispensed with.

“Hopefully on Thursday October 10, 2024, the judges of the Court would be put through on how these new portals work.”

Kanyip disclosed that the court since its last legal year celebration in 2022, have had 8,608 pending cases, of which judgements were delivered in 1,616 cases with 6,992 currently pending.

The Industrial Court President further noted that from the available statistics from the National Judicial Council (NJC), going by the pending cases for the 1st quarter of year 2024, the workload ratio per judge of the court is 186.80.

His words: “This figure was arrived at by dividing the total number of pending cases for the quarter by the number of serving judges. The reality, however, is that some judges depending on their divisions, shoulder more workload than others.

“In this sense, Owerri and Makurdi Divisions, with over 500 cases in their respective dockets and only one resident judge in each of the Divisions, are Divisions where the resident judge shoulders more workload than any other judge of the Court.

“Since we do not have a second house for the judge in Owerri, and neither a second courtroom nor a house for the judge in Makurdi, it has not been possible to send a second judge to any of these Divisions.

“We are hoping that with improved funding, we will be able to solve these problems and accordingly have second judges in these Divisions in no distant time.”

Meanwhile, President of the Nigerian Bar Association (NBA), Mazi Afam Osigwe, SAN, in his own remarks pointed out that the decisions of the NICN reverberates throughout the economy and society; be it a ruling on a major labor dispute in the oil and gas sector or a judgement affecting workers in the civil service, the court serves as a stabilizing force, promoting social harmony and economic progress.

According to the NBA President, “The responsibility of the NICN extends beyond the parties before it. Every decision you make is a reflection of the larger societal values of fairness, equity, and justice. Labor disputes are often emotionally charged and involve sensitive issues such as job security, wages, and workplace conditions.

“In adjudicating these disputes, the court must balance the rights of workers to fair treatment with the legitimate interests of employers to remain competitive and sustainable in an increasingly challenging economic environment.

“The public interest is best served when labor justice is administered swiftly, fairly, and impartially. When workers feel that their rights are protected and that they can seek redress without fear of retaliation, they are more likely to engage productively in the economy.

“Similarly, when employers feel that they are protected from unjust claims and frivolous disputes, they are more likely to invest in their businesses and contribute to national development.”