NICN’s New Legal Year: Renewal of Commitment to Labour Justice

The National Industrial Court of Nigeria (NICN), the constitutionally designated court established to adjudicate on labour related matters, held its 2024/2025 New Legal Year Ceremony at its Headquarters in Abuja last Tuesday and Wednesday, October 8-9, 2024. The event themed “Labour Justice and the Public Interest” which commenced with a Special Court Session, also witnessed a Public Lecture delivered by the Chairman of the Editorial Board of THISDAY Newspapers, Olusegun Adeniyi, and ended with a Bar and Bench Forum. Onikepo Braithwaite, Jude Igbanoi and Alex Enumah who attended the two-day event, report 

Introduction 

The National Industrial Court of Nigeria was conceptualised as far back as 1941 as an arbitrator, to mediate in disputes between employers and employees. But, the court became comatose for many decades. NICN was established in 1976, and became operational in 1978, as being exclusively empowered to arbitrate over trade and industrial disputes. NICN has had four Presidents, including the President President, Honourable Justice Benedict Bakwaph Kanyip, PhD, who took over from Honourable Justice Babatunde Adejumo in 2019. Today the court has 33 Judges and Divisions in 24 States, with its Headquarters in FCT, Abuja. 

It was established to take care of trade disputes between employers and employees, workers and workers, trade unions and workers, and trade unions and trade unions. Its initial jurisdiction was to be a court empowered to adjudicate trade disputes, labour practices, matters related to the Factories Act, Trade Disputes Act, Trade Unions Act, Workmen’s Compensations Act and appeals from the Industrial Arbitration Panel. But, today, its jurisdiction has expanded to be inclusive of all employer-employee related matters, including some admiralty cases.

Special Court Session

The 2024/2025 Legal Year ceremony, which was colourful and enthralling, with Judges of the Court, Justices of the Court of Appeal and Supreme Court, Senior Advocates of Nigeria, other Lawyers and the Court’s support staff in full attendance, kicked off with a Special Court Session commenced by an Address by NICN President, Hon. Justice Kanyip.

NICN President, Hon. Justice Kanyip’s Address

Justice Kanyip started by thanking God for making it possible for those in attendance to witness the celebration, while appreciating the gesture of the guests for honouring the Court’s invitation. He however, expressed regret the Court’s main building which houses the new ceremonial court, wasn’t quite ready for use. 

His Lordship gave an account of NICN’s improvements and activities, since the last 2022/2023 Legal Year celebration. He mentioned the digital solutions deployed to ease the judicial process, like the upgrading of the Court’s website, Judgement Portal, Cause List Portal, and the recent launching of the CTC and Final Written Address Portals. 

Justice Kanyip stated that out of 8,608 cases, 1,616 judgements had been delivered while 6,992 cases are currently pending; that as if the 1st quarter of 2924, though the workload ratio per Judge is 186.80, in reality, some Divisions like Owerri and Makurdi have a higher workload than others, with 500 cases in their respective dockets. Some of the Court’s limitations, for instance, in Owerri is that there is only accommodation for one Judge, while Makurdi neither had a second court or or house for a second Judge. He mentioned his directive to encourage virtual hearings, given security and other challenges. Justice Kanyip also mentioned that the ADR Centre established to mediate on individual employment/labour disputes is poorly utilised by litigants and their Counsel.

Justice Kanyip expressed his pleasure about the recently enacted Judicial Office Holders (Salaries and Allowances etc) Act 2024, and the substitution of Section 291 of the Constitution with a new version, citing the advantages attached thereto. He however, expressed disappointment that the pension of judicial officers who retired before the new law would not enjoy the benefits of the salary and allowances increase, and urged that Section 291 of the Constitution be further amended to allow retired judicial officers to take as pension the same salary and allowances of their equivalents who are still in service, at any point in time. The NICN President noted the process to alter the 1999 Constitution and urged the National Assembly not to touch the provisions concerning the NICN, such as Sections 254A-F and Item 34 on the Exclusive Legislative List.

Justice Kanyip also informed the audience that between 2022 and now, six Judges had been appointed, two elevated to the Court of Appeal, while Hon. Justice E.N.N. Agbakoba and 16 NICN staff had passed on to greater Glory, leaving four States of the Federation unrepresented on the NICN Bench. 

Hon. Justice Kanyip concluded his Address by congratulating the recently sworn in Chief Justice of Nigeria, Hon. Justice Kudirat Motonmori Olatokunbo Kekere-Ekun, GCON on her appointment, and pledged to all stakeholders, litigants and the Counsel, that the NICN would continue to be at their lawful service.

Addresses by AGF and Chairman of the Body of Benchers

The Honourable Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN delivered his own address, while the Chairman of the Body of Benchers, Chief Adegboyega Awomolo, SAN also spoke at the Special Court Session.

NBA President’s Address

In his speech, President of the Nigerian Bar Association (NBA), Mazi Afam Osigwe, SAN said ‘‘This Court, the National Industrial Court, holds a special place in the administration of justice in Nigeria. It has been at the forefront of promoting and safeguarding the rights of both employers and employees, ensuring that justice is served in matters relating to labour disputes and industrial relations. Its work is critical, not only to the individuals and institutions that come before, it but to the broader economy and society as a whole”.

“The theme of this year’s event, “Labour Justice and the Public Interest”, speaks to the core role the NICN plays in safeguarding not just the interests of workers and employers, but, also in protecting the larger societal good. Labour justice is a cornerstone of social stability and economic growth, and the work done by this court is critical to ensuring that fairness, equity, and justice permeate all aspects of labour relations. As the famous Nigerian jurist, Justice Kayode Eso, once said, “A nation cannot thrive where there is no justice”. This quote reminds us of the weighty responsibility the NICN bears, in ensuring that justice is dispensed swiftly and fairly, and in a manner that reflects the larger public interest.”

“The National Industrial Court of Nigeria (NICN) holds a unique and crucial position, within the Nigerian judicial system. With its specialised jurisdiction over employment, labour, and industrial relations matters, the NICN plays a vital role in ensuring that disputes in these areas are resolved in a manner that upholds the principles of fairness, equity, and justice.

“The public interest is best served when labour 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. 

Admonition: Swearing in of Judicial Officers

The NBA President made an important request, one which he had previously made at the opening of the 2024 legal year of the Supreme Court: “That the President of the National Industrial Court take steps to address the current trend of making the swearing-in of judicial officers into elaborate ceremonies filled with pomp and extravagance. The lavish receptions that often follow these ceremonies, have become a matter of concern. These celebrations, which bring together judicial officers, politicians, and other politically exposed persons, do not project the best image of the Judiciary. The public mingling and fraternisation between judicial officers and politicians during these events, give rise to perceptions of undue influence. In an era where politicians are seen to go to any lengths to influence judicial outcomes, these publicised ceremonies are increasingly worrisome. I strongly believe that the overly publicised and widely attended swearing-in ceremonies, as well as the lavish receptions organised by newly sworn-in judicial officers, are detracting from the solemnity and discreet nature of the offices they occupy. Such events should be solemn and private, preserving the dignity and independence of the Judiciary”.

Mazi Afam Osigwe, SAN, also suggested that “The swearing-in ceremonies and celebrations should be held in private, with receptions limited to court-sponsored luncheons for the newly sworn-in judicial officers. The Judiciary must lead by example, showing restraint in mimicking the public exhibition of affluence, and the wanton display of wealth that we so often see in other sectors of society. It is imperative that the Judiciary remains a beacon of modesty, integrity, and the rule of law”.

Public Lecture 

The following day, the events commenced with a Public Lecture titled “Labour Justice and the Public Interest”, delivered by Olusegun Adeniyi, the Chairman of This Day Editorial Board. The lecture, which examined a plethora of issues, drew the attention of judicial officers and all senior Lawyers. 

Mr Adeniyi challenged the Judiciary in general, and specifically the NICN, to ensure that justice is dispensed with a balance between the employer and employee.   

Mr Adeniyi said in his lecture that: “There could not have been a better time to interrogate this topic in Nigeria, as both labour and government were recently locked in negotiating an appropriate national minimum wage, the lowest amount of salary that employers of labour, whether in the private or public sector, should earn in the country. After much drama, it is gratifying that the two parties were able to reach a consensus on the issue, despite the fact that the agreed amount cannot even buy a bag of rice in the market.

“The situation of workers in Nigeria is further complicated by the fact that those in the informal sector, are practically excluded from any form of labour justice. Today, the only avenue for redress for most, is to appear on radio programmes. That is how Ahmed Isah, an activist and on-air personality who anchors ‘Brekete Family’ on Human Rights Radio Abuja, has become not only the ‘Ordinary President’ for the vulnerable of our society, but also their ‘Chief Justice’. Such is the flagrant violation of workers’ rights by all levels of government and the private sector, that even foreign owned entities operating in Nigeria have been emboldened to treat our people with disrespect. In a clear breach of extant labour laws, many of these companies resort to unwholesome practices that deny their Nigerian workers job security and appropriate benefits. Even where there are statutory compensation provisions for work-related diseases, injuries, disabilities or death, they are mostly observed in the breach. In several cases, affected workers or their next of kin receive little or no compensation for death or permanent injuries, including when they occurred while carrying out assigned duties”.

Labour Justice

“The concept of labour justice and public interest are interwoven. Any initiative that engenders fair treatment in the workplace, impacts positively on societal wellbeing. Indeed, the United Nations (UN) has on many occasions highlighted the importance of access to justice, which essentially means the right to have one’s cause heard before an impartial arbiter. The international reference point for the concept of labour justice, as we are all aware, is the International Labour Organisation (ILO) which, in several instruments, enshrines the right of workers to access justice without encumbrance. This includes access to courts and other formal dispute resolution mechanisms, in pursuit of effective remedy.

“The parameters in any given jurisdiction to measure labour justice include fair wages, which indicates that workers are to be compensated by their employers in a manner commensurate with their output; safe working conditions that guarantee protection from foreseeable danger and defence of their inalienable right to organise protests and negotiate collectively. There are of course, several others, including not being discriminated against on the basis of religion, race, gender, age etc. If these parameters encompass the principles and practices that ensure fair treatment and protection of workers in their employment context, it goes without saying that the aim of labour justice is to address power imbalances between employers and workers, and to promote the dignity of labour.

“Unfortunately, despite a plethora of legislation and the fact that Nigeria is a signatory to numerous conventions that should guarantee access to justice for workers, the reality is quite different. This can be glimpsed from the way key aspects of labour justice are resolved in our country. Not necessarily to the satisfaction of workers. These include freedom from discrimination, the ability to engage in collective bargaining, modalities for addressing unfair dismissal, among others. This then brings me to the issue of specialised labour court, which the NICN represents in Nigeria.”

Justice Administration in Nigeria

Mr Adeniyi said: “It is important because the extent of justice available to workers in any given society, is a function of the extent of rule of law available in that society. It is doubtful that citizens as workers can expect a higher degree of labour justice, than what is available within the larger society. In her speech at the special session of the Supreme Court commemorating its new Legal Year and the induction of the latest set of Senior Advocates of Nigeria (SANs) on 30 September, 2024, the Chief Justice of Nigeria, Honourable Justice Kudirat Kekere-Ekun emphasised that obedience to court orders will, under her watch, be “non-negotiable”. And, that “No individual or institution, irrespective of their standing, will be permitted to treat the judgements of our courts with levity or disregard”.

“This, indeed, is as it should be in a society governed by ‘rule of law’. But, the ‘rule of law’ is not the same as ‘rule of Judges’. According to worldjusticeproject.org, “The rule of law is a durable system of laws, institutions, norms and community commitment that delivers four universal principles: accountability, just law, open government, and accessible and impartial justice”. In contrast, ‘rule of Judges’ denotes impunity towards the law by the very persons who ordinarily are invested with the functions and responsibilities of upholding ‘rule of law’. It is a situation in which a Judge places himself/herself above the law, or makes himself/herself the law rather than a servant of the law or shepherd of the ‘rule of law’. Regrettably, the loud and overpowering noise of the latter is becoming definitive of Nigeria’s Judiciary, in the perception of most people. Nothing gives better expression to that, than the statement, “Go to Court” by conscious wrong-doers, often followed by “Go on appeal” by their hand-in-glove Judges!”

Conflicting Judgements

“Aside the indiscipline of conflicting judgements, there is also the disgraceful issue of courts of coordinate jurisdiction nullifying one another, since forum shopping has been institutionalised in Nigeria. In recent days, we have seen how the Judiciary has been dragged into the power struggle between the godfather and his godson in Rivers State. If there is anything to take from what transpired before last two Saturday’s local government election in the State, it is the willingness on the part of an alarmingly increasing number of judicial personnel to accept and play the role of hitmen for influential political actors, as against serving the interest of the country and the public good. That should also be of serious concern to Justice Kekere-Ekun.”

Mr Adeniyi condemned the Judge who granted an injunction to restrain the Police from performing their duties, in the just concluded Rivers State Local Government election. 

“Meanwhile, at the rate some Judges are going; they will soon be granting injunctions to spouses who seek to restrain their partners from performing matrimonial duties in ‘The Other Room’. Now, that prominent politicians are openly describing judgements emanating from our courts as ‘Kangaroo judgements’, it is incumbent on the National Judicial Commission (NJC) to step in and deal with blatant deviant behaviour among its members. But, let’s come back to the issue of labour justice and public interest. 

According to Mr Adeniyi, “the biggest challenge to labour justice has come from the regular courts. Between 2010 and 2024, the NICN has had a number of its decisions overturned, particularly by the Court of Appeal and the Supreme Court. These reversals often stemmed from jurisdictional challenges, misinterpretation of labour laws, and procedural issues.  

“Meanwhile, I find it disturbing that in conversations about labour justice in Nigeria, there is hardly any thought given to the informal sector. Yet, as of the first quarter of 2023, according to the National Bureau of Statistics (NBS) ‘Nigeria Labour Force Survey’, 92.6% of workers in Nigeria were in informal employment. If you exclude agriculture from this sector, going by the survey, we still have 89.4% of our people in informal employment. How can we exclude such a huge percentage of workers from access to justice and social protection, and imagine we can develop our society? Take farmers, for example. Because of their vocation, they are both employers and employees who feed the nation. Their incapacitation, by reason of insecurity and natural disaster, has resulted in nationwide shortages of foodstuff, high cost of food crops and hunger in the land, impacting all Nigerians. Yet, they are excluded from any form of labour justice or social protection.

“What the foregoing suggests is that in Nigeria today, labour justice is designed more for the formal sector. We need to redress this anomaly, by the instrumentality of law and policies. Can there be a law mandating that at least 75% of the labour justice standard applicable to the formal sector, also be made applicable to the informal sector? With that, we can address issues like unwritten contract agreements regarding wages, hours of work, and other indices of labour justice enjoyed by the formal sector. At present, there is no such law. These are some of the issues that should concern the National Assembly, whose members seem obsessed with where and how Mr Bobrisky was sleeping when serving his jail term.”

In his conclusion Mr Adeniyi said: “We must understand that public interest is served when workers are not only fairly treated, but also economically empowered. But, in a society where there is weak enforcement of labour laws to protect workers, it is easy for employers to evade legal responsibilities. That’s why and how most of the Banks and oil sector companies now deploy graduates as casuals who are paid peanuts and deprived of the opportunity to become mainstream workers”.

Other issues Mr Adeniyi’s lecture addressed were that the present minimum wage of N70,000, is unable to purchase even a bag of rice. He urged NICN to ensure that Divisions are created in the remaining States that don’t presently have. He further suggested that there should be no appeals from the NICN, on certain matters. 

Goodwill Messages

The President of the Nigeria Labour Congress (NLC), Comrade Joe Ajaero delivered his goodwill message personally, while that of the President of the Trade Union Congress (TUC), Mr Festus Osifo was delivered on his behalf by a representative. 

Comrade Ajaero stated that NICN had discharged its statutory duty with candour and that: “It has been bold, courageous and inspiring in its pronouncements”. He however, complained that obedience to the decisions of the NICN by employers, hasn’t been comprehensive enough. He urged the Court to ensure that its decisions are enforceable and enforced. 

The NLC also suggested that a special Division in the Court of Appeal dedicated to cases from the NICN, staffed with Justices well versed in labour issue, be established, as “the mileage covered by the NICN often suffers reversals at the Court of Appeal due to the imposition of common law principles on purely contract employment issues with consequential negative effects on the scope and dimensions of compensation”.

Comrade Ajaero urged the Court exercise its discretion sparingly in granting ex-parte injunctions, so that it doesn’t lead to miscarriages of justice. 

Bar and Bench Forum

The NICN 2024/2025 Legal Year programme ended with a Bar and Bench Forum, where Judges of the Court and the Lawyers in attendance had a robust interactive session, on issues of mutual interest and concerns.