TITLE:
AUTHORS:
BOOK REVIEW
“THE NATIONL INDUSTRIAL COURT OF
NIGERIA:
LAW,
PRACTICE
AND
PROCEDURE”.
OFFORNZE D. AMUCHEAZI AND PAUL U.
ABBA.
PUBLISHERS: WILDFIRE PUBLISHING HOUSE, UK.
PAGES:
427 PAGES.
COVER PRICE:
NOT STATED
DATE OF PUBLIC PRESENTATION: 13TH MAY, 2014.
ISBN NO:
978-978-522-811-3.
REVIEWER: MAXWELL M. GIDADO Ph.D. (WARWICK)
PROFESSOR OF LAW AND DEAN, FACULTY
OF LAW, NASARAWA STATE UNIVERSITY,
KEFFI, NIGERIA.
maxidado@gmail.com
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The book we are all witnesses to its presentation to the public is
entitled: “THE NATIONAL INDUSTRIAL COURT OF
NIGERIA: LAW, PRACTICE AND PROCEDURE”. It is written
by 2 highly intelligent and resourceful authors - Prof. Offornze D.
Amucheazi and Paul U. Abba Esq. The book is designed to discuss
fundamental issues relating to the jurisdiction of the National
Industrial Court and analyzes practice and procedures of the court in
adjudicating matters before it.
The enactment of the Constitution of the Federal Republic of Nigeria
(Third Alteration) Act 2010 marked a watershed moment in the
resolution of labour and employment disputes in Nigeria because it
brought about immeasurable advancement in the jurisdiction and
powers of the National Industrial Court (NIC). The Third Alteration
Act not only resolved the constitutional “sludge” surrounding the
jurisdiction and status of the NIC as a superior court of record, it also
established the NIC as the prime and exclusive judicial body for the
resolution of all labour, employment and industrial relations affairs in
the country, and this has produced significant results in the field of
industrial relations with respect to constantly arising exoteric disputes.
Before I examine the book chapter by chapter, let me preface this
book review also by stating that I recognize the fact that a book
review is not supposed to be verbose as to serve as a replacement to a
copy of the book but a graphic summary of the book, sufficient
enough to stir up your appetite and provoke a desire in you to get a
copy or copies of the book as soon as possible after the public
presentation. I also realize that brevity is the portrait of wisdom.
Saying too much can actually show a lack of knowledge of the issues
involved. For it is not in much speaking or talking that the truth is
told, so I shall therefore be brief in my review.
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STRUCTURE OF THE BOOK:
The book is published by Wildfire Publishing House, U.K. and
printed and bound in U.K. by Wildfire Publishing House. In all, the
book has 15 Chapters, appendices, bibliography, table of cases, table
of statutes and index all housed in 427 pages.
The book is an assemblage of a very richly researched work which
was resourcefully written by a team of these learned authors – a
Learned Professor and a renowned legal mind.
I commend the authors for the painstaking and diligent research that
they have put into this monumental work.
The industry put into the making of this book caught the admiration
of the President, National Industrial Court of Nigeria, Abuja – Hon.
Justice Babatunde A. Adejumo who rightfully stated in his foreword
to the book as follows;
“This book is a pioneering and excellent work on the
jurisdiction, practice and procedures of the NIC and
an in-depth appraisal of fundamental issues
surrounding the judicial powers of the court. The
authors have proficiently analyzed topical issues
relating to the court such as the jurisdictional scope of
the court, transfer of cases from the High Courts to
the court, right of appeal from decisions of the court,
power of judicial review of the court and enforcement
of the judgments and orders of the court”.
He went further to say that;
“It fills a gap in knowledge regarding the
constitutional empowerment of the court by Section
254C (2) of the 1999 Constitution (as amended) which
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is of immense importance to lawyers and litigants
appearing before the court”.
I agree no less with my Lord the Honourable Justice Adejumo’s
observation as in my view, the book is timely, published at a time
when the NIC is undergoing significant reforms to enable it
efficiently to accomplish its constitutional responsibility in ensuring
the enthronement of good and best international labour practices in
Nigerian labour law. The exposition of the practice and procedure of
the court in this book will enlighten lawyers and litigants on the
procedures for ventilation of labour rights before the court and ensure
smooth handling of cases before it.
What follows therefore is a synopsis of the book on a thematic basis.
CHAPTER 1
INTRODUCTION, HISTORY AND DEVELOPMENT OF THE
NIC OF NIGERIA:This chapter which is introductory chronicles the history and
development of the NIC since its birth in 1976 and examines the
various stages of its evolution through the decades, up to the period of
its maturity and constitutionalization in March 2011, which has been
heralded as a watershed in the history of the NIC and the high-water
mark in the adjudication of labour disputes in Nigeria.
The chapter also highlights important developmental stages in trade
disputes adjudication in Nigeria and discusses the shift from a
noninterventionist approach to an interventionist approach in labour
disputes resolution. The current interventionist approach is marked by
industrial arbitration tribunals, awards, reference of trade disputes by
the Minister and adjudication by the NIC as the apex court in
resolution of labour disputes.
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CHAPTER 2
JURISDICTION OF THE NIC:This chapter is devoted to an in-depth analysis of the jurisdictional
sphere of influence of the NIC, as currently provided under the 1999
Constitution (as amended). In this respect, three major forms of
jurisdiction of the NIC are discussed herein, to wit:
a. Civil and Criminal Jurisdiction
b. Original and Appellate Jurisdiction, and
c. Territorial Jurisdiction.
I have deliberately left out discussing details of these in this review so
as to trigger your anxiety to know. This you will find at pages 66 to
94 of the book.
In view of the close interrelationship between the jurisdiction and
judicial powers of a court, the judicial powers of the NIC under extant
law are discussed alongside its jurisdiction under the Constitution.
Issues surrounding the invocation of the NIC’s jurisdiction in cases of
principal and ancillary reliefs are also discussed.
CHAPTER 3
MEMBERSHIP, COMPOSITION AND APPOINTMENT OF
JUDGES OF THE NIC:This chapter examines various aspects of the composition of the NIC
including the appointment and removal of its President and judges,
administrative decisions, assignment and distribution of cases and
sittings of the court. The number of judges of the NIC is specified in
Section 254A of the 1999 Constitution (as amended) to be;
a) The President of the NIC and
b) Such number of Judges of the NIC as may be prescribed by
an Act of the National Assembly. Thus, the NIC Act 2006
stipulates that the NIC shall be composed of not less than 12
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judges in addition to the President of NIC, who shall have
overall control and supervision of the administration of the
court.
For more on this, see pages 95 to 105 of the book.
CHAPTER 4
INSTITUTION OF CIVIL SUITS:Chapter 4 is concerned with the mode of institution of civil suits in
the court, filling and issuing of originating processes and effects of
non-compliance, including provision of the rules on commencement
of actions at the NIC.
In exercising its civil jurisdiction, the practices and procedures
adopted at the NIC in respect of institution, commencement and trial
of suits are akin, in most respects to those of the State High Courts
with relevant modifications to accommodate the peculiarities of the
NIC’s jurisdictional scope over labour and employment matters.
CHAPTER 5
SERVICE
OF
ORIGINATING
PROCESSES
AND
APPEARANCE:Chapter 5 dwells on the manner of service of originating processes,
the knotty issues of service out of jurisdiction, default of appearance
and filling of defence by parties.
This chapter will be useful to the legal practitioners in the field of
industrial or labour matters. For further reading on this refer to pages
127 to 145 of the book.
CHAPTER 6
MOTIONS AND INTERLOCUTORY APPLICATIONS:-
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This chapter focuses on motions and interlocutory applications before
the court and powers of the court to grant injunctions and other
interim relief in matters before it.
For more on this very key and important subject of MOTIONS AND
INTERLOCUTORY APPLICATIONS, see the book under review at
pages 146 to 166.
CHAPTER 7
SUMMARY JUDGMENT PROCEDURE:Chapter 7 contains summary judgment procedure at the NIC and the
effect of a judgment obtained under such procedure.
This is found on pages 167 to 176 of the book.
CHAPTER 8
TRIAL AND PRESENTATION CASES:In Chapter 8, attention is focused on the issues relating to the
procedure for trial and presentation of cases at the NIC, visits to locus
in quo by the court, filling of written addresses and discontinuance of
cases by parties.
Referral of cases to alternative dispute resolution by the court, and the
procedure and effect of decisions of an arbitrator or special referee
appointed by the court are also discussed.
CHAPTER 9
JUDGMENT AND ENFORCEMENT:Chapter 9 centers on deliverance of judgments by the court and
modes of enforcement of judgments and orders of the court under
applicable laws. Judgments and orders of the NIC in the context of
this chapter refer to judgments given in its original and appellate
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jurisdiction and extend to every order of the court, whether final or
interlocutory. For more on this, see pages 205 to 220 of the book.
CHAPTER 10
JUDICIAL REVIEW:Chapter 10 hinges on the procedure for judicial review before the
National Industrial Court and analyzes the extant powers of the court
to issue prerogative writs under constitutional and statutory
provisions.
CHAPTER 11
APPEALS:This chapter expounds on appeals from decisions of the NIC and the
related issue of cases stated and reference of questions of law to the
Court of Appeal under the Constitution.
CHAPTER 12
CONTEMPT OF COURT:Chapter 12 deals with contempt of court and procedures for
committal for contempt by the court, for both civil and criminal
contempt.
CHAPTER 13
MISCELLANEOUS MATTERS:Chapter 13 contains the general provisions of the NIC Rules in
respect of proceedings before the court.
For more on this, see pages 274 to 283 of the book.
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CHAPTER 14
APPLICATION
OF
INTERNATIONAL
LABOUR
CONVENTIONS IN NIGERIA:This chapter discusses an essential aspect of the NIC’s jurisdiction
and powers under the 1999 Constitution (as amended), i.e. the
application of ratified International Labour Organization conventions
by the court.
The sources of international labour laws and application of
international best practices in labour jurisprudence are also discussed
in this chapter.
The Learned authors also analyzed some of the obstacles hindering
the effective application of international labour principles in labour
jurisprudence in Nigeria.
CHAPTER 15:
INNOVATIONS,
CHALLENGES
AND
RECOMMENDATIONS:This concluding chapter highlights and briefly analyzes some of the
innovations introduced by the NIC Act 2006 and the Third Alteration
to the 1999 Constitution as these relate to the expansive jurisdiction
and powers of the NIC. The challenges facing the court in the
exercise of its jurisdiction are also discussed and recommendations
are made ensuring the effectiveness of the court in the adjudication of
labour and employment disputes in Nigeria.
APPENDICES
At the end of Chapter 15 the book contains some appendices which
include the following:
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Appendix 1
-
Constitution of the Federal Republic of Nigeria
(Third Alteration) Act 2010.
Appendix 2
-
National Industrial Court Act 2006.
Appendix 3
-
National Industrial Court Rules 2007.
Appendix 4
-
National Industrial Court Practice Directions
2012.
Appendix 5
-
General Form of Complaint.
Appendix 6
-
Chief Registrar’s Certificate.
Appendix 7
-
ILO Conventions Ratified by Nigeria.
Appendix 8
-
Text of Fundamental ILO Conventions.
Appendix 9
-
Judicial Divisions of the NIC.
CONCLUSION
Although emphasis in this work is placed on decisions of the NIC in
respect of the issues discussed, it has taken care to refer to relevant
decisions of the regular courts as they affect the issues under
discussion, in addition to their impact on the development of a unique
labour jurisprudence by the NIC. While the National Industrial Court
is bound by the doctrine of judicial precedent to follow the decisions
of superior courts on settled principles of law, the court has over the
years gradually built up a parallel labour jurisprudence applicable to
matters before it and, where necessary, has departed from general
principles of common law in labour matters that undermine the labour
rights of parties appearing before the court in a bid to conform labour
practice in Nigeria to international best practices.
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After a careful and dispassionate study of the book I am fully
persuaded that it represents a sound demonstration of high standard of
legal research and erudition. The Learned authors have presented us
with a provocative series of analysis which together provide a
working blueprint for law’s engagement in the critical areas examined
in the book.
The end product of course, is a timely innovative and insightful work
of very high academic quality that is conceptually and empirically
rich and well researched.
Accordingly, I have no hesitation in recommending this book as a
working companion to practitioners in the labour and employment
industry – i.e. employers, employees and trade unionists – to Law
Teachers and students of labour law and researchers, legal
practitioners and jurists. I hope that this book will prove to be of
significance to all categories of readers and help to expand knowledge
in respect of the practice and procedures of the NIC, a unique court in
the annals of judicial history in Nigeria.
Thank you for your kind attention. God bless.
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