Trade Unions: The Right To Form or Belong To A Trade Union 281

The Right to Form or Belong to a Trade Union 281
Chapter 13 Trade Unions
History and Structure
T RADE unionism in Nigeria23 has come a long way sin

wage-earning employment was introduced by the
coloni government introduced in Nigeria. The first
trade union legislation for the colony, the Trade Unions
Act of 1938, allowed a minimum of five workers to form a
trade union. This led to a proliferation of structurally
deficient and financially weak unions. The 1938 Act was
repealed by Trade Unions Act 1973. This Act provided for
more stringent requirements for the registration of trade
unions. In 1976, an administrator was appointed with a
mandate which included the restructuring of the then
existing nearly 1,000 trade unions. The exercise led to the
promulgation of the Trade Unions (Amendment) Act, No.
21 of 1978. The number of trade unions was reduced to
70, comprising 42 industrial unions of junior staff, 19
senior staff associations and 9 employers associations.
The Act introduced a new Third Schedule containing the
list of the 70 registered unions. This schedule was divided
into two parts - Part A and Part B - by the Trade Unions
(Amendment) Act 1986. Part A contained the list of the 42
trade unions of workers, while Part B contained the
Senior Staff and
Boyers Association list. Trade unions in Part B were
Ibited from affiliating with the Nigeria Labour Congress
J). As Fashoyin pointed out, the reorganisation of the
23 See E.E. Uvieghara, Trade Union Law in Nigeria, Ethiope Law Series,
Ethiope Publishing Corporation, Benin, Nigeria (1976), (Reprinted
1984) For a detailed account of the history of trade unionism in
Nigeria. See also Tayo Fashoyin, Industrial Relations in Nigeria
(1992).
1970s d structural and jurisdictional problems.24

ear 1996 constitutes a watershed in trade union
history eria. Two major amendments were made to the
Principal namely, the Trade Unions (Amendment) Decree
4, 1996, |the Trade Unions (Amendment) (No. 2) Decree
26, 1996. preamble to Decree 4 gave the following
reasons as the ication for the restructuring exercise
carried out under ecree: overlapping and duplication in
the objectives of ade unions, which has resulted in
numerous court cases; urgent need to remove all the
anomalies in the present ure of trade unions, caused by
duplication, amorphous ctures and overlapping
jurisdiction, together with the ire of the Federal Military
Government to assist the Trade ons to overcome the
anomalies and achieve internal sion, be more valuable
and capable of standing on their , without recourse to
internal or foreign aid. Those two s of legislation
together, did more harm than good. It did quip the unions
to carry otit their fundamental duty of cting and
promoting the interest of their members. The e Unions
(Amendment) Act, 2005 which was passed in rch 2005 has
on paper reintroduced the principle of real sdom of
association at both individual federate levels.25
270 Nigerian Employment and Labour Relations Law and Practice
Industrial Relations in Nigeria, p. 54.This problem arose from the

confusion as to whether unions were to organise along product market
or labour market lines. Some establishments had workers who belonged
to different unions, each of which claimed to have jurisdiction over the
entire workers. This created intra-union disputes. The Labour Market
principle was adopted to resolve the problem through an NLC-brokered
solution.
This is contained in Section 8 (3), which states that the requirements for
registration of trade unions or federation of trade unions introduced into
the Principal Act by this Act, shall not apply to any of the unions which
immediately before the coming into force of this Act, had been duly
registered or deemed duly registered under this Act, (the Principal Act)
as amended.
Federation of Trade Unions

Section 30 of the Trade Unions Act states that two or more
trade unions whose members are employed in the same
trade occupation or industry, or in substantially similar
trades occupations or industries, may form a federation of
trade unions provided due process has been followed.26 Such
a federation comes into existence only when registered.
Central Labour Organisation
The Nigeria Labour Congress (NLC) was the only central
labour organisation in existence until 2005. It was a
creation of statute and the sole body recognised in 1978 to
represent the general interest of its members, among
others.27 This monopoly has now been abolished. The 2005
amendment Act28 now permits registration of federation of
trade unions; provided the main objective of the proposed
federation of trade unions is the protection of the interest of
employees; and provided the proposed federation shall be
made up of 12 or more trade unions none of which shall
have been a member of another registered federation of
trade unions.
Before 2005, affiliation to the NLC was open to the
industrial unions listed in Part A of the Third Schedule to
the Trade Unions Act. This is no longer so. Any duly
registered trade union can now affiliate with any federation
of trade unions registered in Nigeria, provided it is not
already affiliated with another registered federation of
trade unions. There are currently two registered central
labour organisations, namely, the Nigeria Labour Congress
(NLC), and the Trade Union Congress (TUC). The latter is
primarily, an umbrella body for senior staff associations. It
is however important to point out that both the NLC and the
TUC have so far largely worked together in presenting a
26 See Section 30 (1) (a) and (b) but see also the Trade Unions Act 2005.
27 See Sections 34 - 36, Trade Unions Act, Cap T14 LFN 2004.
28 Section 34 as amended.
common front in matters affecting the economic interests of

their members.
Chapter 14
I
The Right to Form or

Belong to a Trade
Union
;roduction
^HE aw relating to the right to freedom of association, the
right to form or to belong to a trade union, is contained in .
two main sources- the Constitution of the Federal Republic
'Nigeria 1999, and the Trade Unions Act as amended. The
incipal Act, the Trade Unions Act, was originally
promulgated a Decree in 1973. It has since undergone
several amendments, Iminating in some fundamental
changes. All of these iendments, except the Trade Unions
(Amendment) Act, 2005, e contained in the Trade Unions
Act, 2004. This Act provides e framework for the definition,
formation, registration and ministration of trade unions in
Nigeria. This chapter will amine the law as contained in
these two and related Struments.
ie Constitution
liere is a constitutionally guaranteed freedom of
association Lder Constitution of the Federal Republic of
Nigeria 1999. Action 40 of the Constitution provides:
: Every person shall be entitled to assemble freely and
; associate with other persons, and in particular may form
t or belong to any political party, trade union or any other
s ssociation for the protection of his interests:
Freedom to belong to a trade union is also reflected in
Section 12 of the Trade Unions Act,29 It provides:
Cap. T14 LFN, 2004.

(1) Any person who is otherwise eligible for

membership of a particular trade union shall
not be refused admission to the membership of
that union by reason only that he is of a
particular community, tribe, place of origin,
religion or political opinion.
(2) If any person is refused admission to
membership of a trade union in contravention of
subsection (1) of this section, the union and
every official thereof shall be guilty of an offence
against this Act.
(3) If any provision in the rules of a trade union is
inconsistent with Sub-Section (1) of this section,
that provision shall, to the extent of the
inconsistency, be void.
Similarly, Section 9(2) of the Labour Act states that no
contract shall make it a condition of employment, that a
worker shall or shall not join a trade union, or shall or
shall not relinquish membership of a trade union. It
would seem from these provisions that workers can freely
form or join a trade union of their choice in conformity
with ILO Convention No. 87.30 But it is not wholly so;
there are exclusions and restrictions.
The Trade Unions Act
Definition of a Trade
Freedom of Association and Protection of the Right to Organise

Convention, 1948 {No. 87). The Preamble to the ILO Constitution
states that the principle of freedom of association is one of the means
of improving the working conditions of workers, and thus ensuring
peace. The Declaration of Philadelphia, an annex to the ILO
Constitution, also affirms that freedom of expression and of
association are essential to sustained. See the very important ILO
Declaration oh Fundamental Principles and Rights at Work and its
follow-up
(June 1998). See further, International Labour Standards: A Global
Approach
[First edition] International Labour Office (2002), Chapter 1.
Union
Section 1 (1) of the Trade Unions Act defines a trade
union as any combination of workers or employers,
whether temporary or permanent, the purpose of which is
to regulate the terms and conditions of employment of
workers, whether the combination
Lestion would or would not, apart from this Act, be an rful
combination by reason of its purposes being in restraint
ade, and whether its purposes do or do not include the
ision of benefits for its members. Section 1 (2) goes
further te that the fact that a combination of workers or
employers purposes or powers other than the purpose of
regulating 'erms and conditions of employment of workers
shall not nt it from being registered under the Act.
e are two yardsticks for determining whether or not a
bination of workers or employees can be described as a e
union. The first is that the combination must be of ers and
employers. The second is that the regulation of terms and
conditions of employment of workers must be a amental
objective. There may however be other purposes rwers
aside from these two. Indeed, one of the grounds on h the
certificate of registration of a trade union may tre lied is
that the principal purpose for which the union was tered,
namely the regulation of the terms and conditions
mployment of workers, has ceased to exist.31
! issue that created uncertainty between 1994 and 1999
was legal status of senior staff and employers associations.
The le arose because the controversial legislative changes
made decrees No. 4 and No. 26 respectively, turned a blind
eye to existence of these two associations in their
provisions, and s led to the opinion that senior staff
associations and jloyers associations had been legislated
out of existence, s issue arose recently before the NIC in
Road Transport ployers Association of Nigeria (RTEAN)
Section 7(1).
Suit No. NIC/33/2007 of January 12, 2010.
Osogbo v National Ion of Road Transport Workers

(NURTW), Osun State* In t case, the applicant sought a
declaration, among others, t it is a registered and
recognised trade union in the nsportation industry in
Nigeria by virtue of Federal rnblic of Nigeria Official
Gazette No. 1 Vol. 86, of 1999.
The respondent, on the other hand, averred that the ar>pn-
n M was not a recognised trade union, and therefore not
qualified^ operate in any motor park or designated loading
point in Osn State. The NIC carefully went through the
relevant legislatioS namely, the Trade Unions Act, 1990,
Third Schedule Part B, a3 the Trade Unions (Amendment)
Decree No. 1 of 1999, Part (9 and, after establishing the
listing of the applicant in bo2| Schedules, then relied on
the Court of Appeal decision in 77yl State v. Governor
ofOsun State,32 to hold that the applicant is a] trade union
fully registered and recognised in Nigerian statute? and
also by our judicial system. The interesting point is th
Court of Appeal statement that to get any of the 35 Senior
Staff Unions in Part B of the Third Schedule to the
principal Act' proscribed or legislated out of existence, such
must be expressly made. It cannot be done by surreptitious
means.33 >
Membership
Section 20 (1 ) provides that a person under the age of
sixteen shall not be capable of being a member of a trade
union, and a person under the age of twenty-one shall not
be capable of being an official of a trade union. This
provision is however made subject to the rules of the
particular union. This means that a person who is between
the ages of sixteen arid twenty-one years may, by the rules
of a union, be precluded from membership.34
Registration Requirements and Restrictions on
32 CA/1/161/98 delivered 11th December, 2006.

See footnote 577 at p.5.
34 Section 19 (2).
Trade Union Formation

An application for the registration of a trade union shall
be made to the registrar in the prescribed form and shall be
signed-
in the case of a trade union of workers, by at least fifty
members35 of the union; and
in the case of a trade union of employers, by at least two
members of the union.36
re can however be no registration of a trade union,
whether workers or of employers, except with the approval
of the ister on being satisfied that it is expedient to
register the on either by regrouping existing trade unions,
registering ew trade union or otherwise however. No trade
union shall registered to represent workers or employers in
a place ere there already exists a trade union.37
e case of Osawe v Registrar of Trade Unions38 has
continued generate interest. In that case, the appellants
applied to the istrar of trade unions for registration as the
Nigerian ified Teaching Service Workers Union. The
registrar ected the application on the grounds that another
union, at was sufficiently representative of the interest of
the plicants, was already in existence and registered as the
Non- ademic Staff Union of Educational and Associated
titutions. In so holding, the registrar was merely following
amendment provision to the Trade Unions Act giving him
discretion to turn down any application for registration as
The ILO Committee of Experts on Application of Conventions and

Recommendations (CEACR), has, from time to time, queried government
on this requirement. There is no doubt that the provision offends against
Art. 2 of ILO Convention 87 on Freedom of Association and must be
reviewed in the light of the purported liberalisation of the law in the Trade
Unions (Amendment) Act 2005.
Section 3 (1).
Section 3 (2).
11985] 1NWLR (pt.4) 755; see also C. K. Agomo, Legal Protection of Human
Rigkts of Workers.
trade union where, in his opinion, there was already in

istence another union sufficiently representative of the
erest of the applicants.39
The High Court judge held that the amendment Act
contravene^ the fundamental rights of the workers as
stipulated in Section 37 of the 1979 Constitution. That
finding was overturned the Supreme Court. It held that
the 1978 Statute was aimed at* restoring sanity and order
into trade unionism in Nigeria antl^ was therefore not
unconstitutional.40 The apex Court said that - the freedom
to associate with other people exists within and' not
outside all existing and relevant laws. In Sea Trucks (Nig.)
Ltd v. Pyne,41 the Court of Appeal said that if it were the
intention of the makers of the Constitution to make the
right to join a trade union unfettered or restrained it would
have used the words of his own choice, but that was not
to be the case. In Corporate Affairs Commission v
Amalgamated Union of Public Corporations, Civil Service
Technical and Recreational Service Employees,42 the
National Industrial Court said:
Having to restructure the unions along rigid lines
of named unions with circumscribed membership,
as we indicated, was necessitated by the need to
See footnote 580.

40 Per Oputa JSC at p. 57; see also C. K. Agomo, 5 J PPL., 113-114 for a
comment on this landmark case.
41 [2004] NLLR 58 at p. 69; cp Nigerian Ports Authority Workers Union vs.
Nigerian Ports Authority [1982-1983] NCLR 1. In that case, the Union
contended that port employees on grade levels 0 1 - 1 1 should be
regarded as their members and that the failure of the IAP to uphold
that award contravened S.37 of the 1979 Constitution. The Court held
that that argument could not be countenanced in view of S.41 of the
1979 Constitution. The National Industrial Court said that the
appellants attempt to question the validity of the. Trade Unions
(Amendment) Act, 1978 on the basis of S.37 of the Nigerian
Constitution was of no avail because of the provisions of S.41 of the
same Constitution.
42 [2004] 1 N.L.L.R. 1 at pp. 29 - 30.
check the proliferation of trade unions, which is

capable of yielding to a chaotic labour regime. The
Supreme Court gave its stamp of approval to this
fact in the case of Osawe v Registrar of Trade
Unions [1985] 1 NWLR 755 and even went on to
confirm the constitutionality of a restrictive trade
union regime in the country. To the
( Supreme Court, section 37 of the 1979
Constitution (now , section 40 of the 1999
Constitution) was not infringed by such a
restrictive trade union regime. In any event ...
such a restrictive trade union regime was justified
under the equivalent provision of Section 45 of the
1999 , Constitution. Going by Osawe, therefore, it
would seem that the current restrictive and highly
compartmentalised trade union regime is
constitutional.43
e view of the National Industrial Court agrees with
ones w on the Supreme Court decision in Osawe.s
case.44 It is eved that not the ILOs insistence on
freedom of association not to be taken as an
endorsement for mushroom, or weak d powerless
unions; unions that will not be able to protect e
interests of their members through constructive
agement with employers in collective bargaining and,
when cessary, industrial action. The ILO recognises
that its labour idards in the form of conventions and
recommendations are Lucts of consensus and are
expressly made subject to local nditions and
circumstances. Such conditions and cumstances may
limit the right to freedom of association, e question,
however, is how far such restrictions can go. This
where Nigeria has fallen short of ILO standards. What
is e permissible limit? There must be a minimum
standard plicable to all. This is at the heart of ILOs
At page 29.
See [1985] 4 JPPL.
decent work agenda. The need therefore is to strike a

balance between restricted freedom and draconian
limitations. Nigeria, it uld seem, has not been able to
find that balance probably as esult of years of military
rule by decrees and edicts.
ojection of Management and the Right to
Join Trade Union of Ones Choice
staff recognised as a projection of management within
the nagement structure of any organisation is eligible
to be a mber or hold office in a trade union if such
membership or
;he holding of such office in the trade union will lead to a

coi >f loyalties to either the union or to the management.45
or the purpose of determining projection of management,
>erson whose status, authority, powers, duties a
ccountability, as reflected in the conditions of service, are
si s normally inhere in a person exercising executive
authorii lay be recognised as a projection of management.46
It herefore within the exclusive power of the employer t
esignate a worker a projection of management. In
Associatio c Senior Staff of Banks, Insurance and Financial
Institution]! iSSBIFI) and National Union of Banks,
Insurance and inancial Institutions Employees (NUBIFIE)
v. American temational Insurance Company Nigeria
Section 3 (3) of the Act was inserted by the Trade Unions (Amendment)
Act 'Jo. 22 of 1978.
Section 3 (4).
Digest of Judgments of National Industrial Court [1978 -2006] pp.
188; see ilso Metallic and Non-Metallic Mines Senior Staff Association v
Metallic and Ion-Metallic Mines WorkersUnion v Nigerian Mining
Corporation, Digest of udgments of National Industrial Court
[1978 -2006] pp. 196; National Union cFood, Beverages and Tobacco
Employees v. Management of NIDOCO Nigeria td. Digest of
Judgments of National Industrial Court [1978-2006] pp. 223;
sxtile, Garment and Tailoring Senior Staff Association of Nigeria v.
Mangement 'Nigeria. Textile Mills Ltd. id. pp. 239
Limited (AllCO),30 e National Industrial Court said that

the decision as to which senior staff within the
management structure should be signated or recognised as
a projection of management must, necessity and logically,
be a matter of management decision d not a legislative
action or judicial determination. To do lerwise would,
according to the NIC, be an interference with 3 exercise of
administrative or managerial responsibility of ployers of
labour, be it in the private or public sector. The C has
consistently, and rightly too, maintained this stand.
National Union of Public Corporation Employees v. Kwara
te Utility Board, the Court said that the management had
> discretion to determine which member of staff were
jections of management. However, the Court pointed out
> t case, that the exercise of that discretion was not
absolute could be challenged by an aggrieved party.47
> dom not to Join a Trade Union
> important to stress that a critical component of the
right edom of association is the right not to join or belong
to trade union or association. Freedom of association has
both itive and negative component. Indeed. Section 9(fi) of
the ur Act confirms that. It provides that no contract shall
3 it a condition of employment that a worker shall or shall
join a trade union or shall or shall not relinquish bership
of a trade union. Section 12 (4) of the Trade Unions as
amended by the Trade Unions (Amendment) Act 2005,
essly* makes employees membership of a trade union
tary. It states that no employee shall be forced to join
trade union or be victimised for refusing to join or remain
mber. It is the duty of every responsible trade union to
workers and convince them to join the union without cion.
> luded Groups
> another thing altogether whether individuals or
groups be prevented from exercising their right to form or
to belong trade union at all. This issue is one of the black
Digest of Judgments of National Industrial Court [1978 - 2006] 306.

spots in rnmental control of workers exercise of their right

to dom of association. Total exclusion of some groups of
kers from trade union membership is not justifiable and
efore not acceptable by any standards whatsoever.
> tion 11 of the Trade Unions Act makes it unlawful for
>loyees in the establishments listed below to combine, mise
themselves or to be members of a trade union for >loyment
purposes. These are:
> The Nigerian Armed Forces;
> The Nigeria Police Force;
(c) The Customs and Excise Department, the Immigraf
Department and the Prisons Services;
(d) the Customs Preventive Services;
(e) The Nigerian Security Printing and Minting Company
Ltjjj
(f) The Central Bank of Nigeria; ^
(g) The Nigerian Telecommunications Ltd;
(h) Every federal or state government establishment, thj
employees of which are authorised to bear arms; and e
(i) Such other establishments as the Minister may from
timq to time by order specify.
The ILO has passed adverse comments on this provision
frord time to time. Indeed, complaints against governments
antitrade union practices started before independence.48
The government has been urged to repeal this provision to
allow workers in these establishments to freely organise or
48 Case(s) No(s). 31, Report No.2 (United Kingdom): Complaints against the
Government of the United Kingdom presented by the World Federation
of Trade Unions. The Complaint was that In Nigeria it is impossible fr
workers to exercise their trade union rights. This was an offshoot of
th Enugu coal mine, Bukuru tin mines, and United Africa Company
worker strikes respectively.; see also. Complaint against the
Government of Niger18 presented by the Academic Staff Union of
Universities (ASUU) Rep01* No.343, Case(s) No(s). 2432. ASUU
complained that the Government5 2005 amendments to the Trade Union
Act adopted without tripartite
join trade unions of their choice. Whilst members of the

Armed Forces, the Nigeria Police, and perhaps the
Immigration and Prisons Services, may be justifiably
excluded from membership of trade unions because of the
sensitive nature of their job, it is not clear why others listed
in this* section should continue to be excluded from their
right to freedom of association and to form or belong to a
trade Union of their choice.
Effect of a Criminal Conviction
Any person convicted of any of the offences listed in s. 13 (3)
of the Act cannot hold office as an official of a trade union
for the
ation of the disqualification49 The offences are those under
Criminal Code or the Penal Code which may lead to the
qualification of membership of the National Assembly and
Houses of Assembly.
conviction which occurred before the commencement of the
t is to be taken into account for the purpose of determining
ether or not a person is disqualified under the Section. The
od of disqualification starts from the date of the conviction
d ends five years after the discharge from prison (where
the ender was sentenced to imprisonment) or five years
from e date of his conviction (where no imprisonment is
involved), y person receiving a free pardon is not affected
by these visions. This provision highlights the issue of
rehabilitation offenders. What is the magic of five years?
cognition of a Registered Trade Union
e issue of trade union recognition raises a number of
rtinent questions. Some of these will now be considered in
e light of Section 25 of the Trade Unions Act, and the
nouncements of the National Industrial Court.50
consultation, violated established freedom of association principles on

strikes, essential services and the right to organise; CEACR: Indivdual
Direct Request concerning Convention No. 87, Freedom of Association and

Protection of the Right to Organise, 1948 Nigeria (ratification: 1960) submitted:
1989. www.ilo.org/ilolex/:gi-lex/pqconv.pl?host=s..
Section 13 (4).
See, for example, Patovilki Industrial Planners Ltd (as amended by the Order of
the Court; Formerly known as Patovilki Industrial Cleaners Lit) v National Union
of Hotels and Personal Services Workers DJNIC283; National Youth Service
Corps v Association of Senior Civil Servants of Nigeria (1978-2006) DJNIC 431;
Management of Harmony House Furniture Company Lit. v National Union of
Furniture, Fixtures and Wood Workers DJNIC, 186; Management ofJoki (Nigeria)
Limited v Union of Shipping, Clearing and Forwarding Agencies Workers of
Nigeria DJNIC200; National UnionofHotels and Personal Services Workers v
National Union of Petroleum and Natural Gas Workers and Anor DJNIC. 358;
Corporate Affairs Commission v Amalgamated Union of Public Corporations,
Civil Service Technical and Recreational Service Employees DJNIC, pp. 454
Section 25 of the Trade Unions Act provides that where there
is a trade union of which persons in the employment of an
employer are members, that trade union shall, without further
assistance, on registration in accordance with the provision* of
the Act be entitled to recognition by the employer. In Mix Bake
Flour Mill Industries Ltd. v National Union of Food, Beverage
and Tobacco Employees (NUFBTE), a branch union * of the
respondent was inaugurated in the appellants company on
29th October, 1996. By a joint communique signed by both the
appellant and respondent, the appellant acknowledged the
existence of the branch union in the company. It asked for a
four-week period from the date of the inauguration within
which to formally recognise the union in the company.
However, before the expiry date, the appellant terminated the
employment of those elected as branch executive officials of the
union. This led to a trade dispute being declared by the union.
Thereafter, the employment of some 140 eligible members of
the union was terminated. One of the issues that were referred
to the Industrial Arbitration Panel (IAP) by the Minister of
Employment, Labour and Productivity for determination was'
that of non-recognition of the union. The other two were
unlawful retrenchment of the 140 junior staff, and unfair
labour practice. The IAP found and decided the three in favour
of the union.
The matter was referred to the NIC. One of the questions the
NIC dealt with was whether a branch union must be formed in

the premises of an employer for the union to enjoy recognition.
In answer, the NIC said that once the trade union indicates its
willingness to unionise workers who are eligible to be its
members, an employer is obliged to accord recognition and not
pose obstacles in the way of such unionisation.25 One is in
complete agreement with this reasoning. To hold otherwise
will be to make a union subject to the whims and caprices of an
employer as in the Mix & Bake case. The action of the appellant
in that case constitutes an unfair labour practice.
28 At pp. 277.
irpose of Recognition and Legal Status of
egistered Trade Union
jal Status26
js a registered trade union possess an independent Krate
responsibility? Uvieghara pointed out that perhaps greatest
advantage which registration confers on a trade pn is that the
union is now able lawfully to carry out the poses for which it
was formed, and also be able to sue and ued in its registered
name. Is this the same thing as having sparate legal
personality? In Nigerian Civil Service Union S.) v Allen, Aguda
J. held that a registered trade union is a -legal entity.
Uvieghara considers that view an erroneous i He however
positsThat the Trade Unions Decree, 1973, s not expressly
incorporate trade unions so that if a istered trade union is to be
regarded as a legal entity it can y be by inference from the
meaning and effect of the visions of the Decree.27 The
Companies and Allied Matters has put the argument beyond
doubt.28
i requirement of a registered office, annual returns of mints and
submission of audited accounts to the Registrar, >ng others,
suggests that trade unions do possess features t resemble
corporate personalities,61 and can therefore be i to possess
independent" corporate personality. Fabiyi, ^.,62 described a
registered trade union as a legal person )se birth and death
are determined not by nature but by on paper, not by
implication. The learned Justice had Ceded the above statement
with this unequivocal statement: uite appreciate that the
appellant, being a trade union, has il personality. It is
submitted that this statement begs the
question. The fact that a trade union is duly registered doej not
E.E. Uvieghara, Trade Union Law in Nigeria, Ethiope Publishing, (1976.

Ibid; see also Bonsor v Musicians' Union [1956]AC. 104.
infra.
See section 21 of the Trade Unions Act).
f Road Transport Employers Association of Nigeria (RTEAN) Osogbo, Osun
^State v. National Union of Road Transport Workers (NURTW), Osun State
SuitNo. NIC/33/2007 of January 12, 2010
mean it has express legal personality. If it has, it ig restricted

application because section 624(2) of the Companies and Allied
Matters Act (CAMA), provides that the Act does not apply to
trade unions of workers and of employers, whetherf described
as such or not/ We therefore align with Uvieghara in holding
that trade unions have legal personality by inference, and as
such are able to perform their statutory funcUonsTas
prescribed by law. I
Trade Union Constitution or Rules
The principal role of a trade union is to protect the interest of its
members through collective bargaining and other action as
expressly provided for in its constitution or rule book. The rule
book constitutes a binding contract between a trade union and
its members. The Trade Unions Act requires every trade union
to register its rulgsjn accordance with the provisions stipulated
in the First Schedule of the Act. The matters to be included are:
(1) The name of the trade union;
(2) The whole of the purposes of the trade union, and the
purposes for which its funds may be applied;
(3) The subscriptions and dues, if any, which members are
required to pay;
(4) If the trade union is to provide benefits for its members, the
conditions under which any member may become entitled to
any benefits;63
(5) The fines and forfeitures which may be imposed on the
members of the trade union;
(6) The procedure for making, altering or revoking the rules;
A provision for the appointment and removal of appointed f
and elected officers;
The qualifications for membership of the trade union S which
shall include a provision to the effect that such a f person shall
be normally engaged in the trade or industry ; or elected or
63 Part of the benefit could be the duty to defend the interests of members-
Union of Shipping, Clearing and Forwarding Agencies Workers of Nigeria 11'
Management of Transatlantic Nigeria Ltd. [1978-2006] DNJIC 232; 3^** and
Bake Flour Mill Industries Ltd. v. National Union of Food, BeverageS and
Tobacco Employees (NUFTBE) [1978-2006] DJNIC467.
appointed to represent workers interest in the said trade or

industry;
i A provision that the general committee of management (by
whatever name called) shall consist of all persons all of whom
are members of the trade union;
i) A provision for the keeping of a nominal roll of members
showing the trade, calling or usual occupation of each i member
and, where possible (but only in the case of a trade i union of
workers) the name of his employer;
!) A provision for the investment of the funds of the trade union
or their deposit in a bank;
f) A provision for the keeping of accurate accounts by the
I treasurer, for the annual or more frequent periodical audit,
, by a person to be appointed by the trade union with the i
approval of the registrar, of the accounts so kept, and for ; their
submission, when audited, to the members;
) A provision for the inspection of the books, accounts and
nominal roll of members of the trade union by any person | who
has interest in the funds of the union;
) A provision that no member of the union shall take part in a
strike unless a majority of the members have in a secret ballot
voted in favour of the strike.64
sse terms are express terms which must be included in every s
book. It does not mean that a trade union cannot include
other terms. All it means is that these terms form the
minimum content of a rule book.65
The Nature of the Rule Book
What is the legal nature of the constitution or rule book of a
trade union? Is it a binding contract between the union and each
of its members? Is it a collective agreement? What exactly is it?
It is settled law that the rule book or constitution of a trade
union is a contract document. The status of the rule book as a
Nos 7 and 9 of the items in the Schedule were inserted by Decree No 1 of 1999.
65 See Uvieghara, Trade Union Law in Nigeria at pp. 151-186, for a detailed
treatment of Trade Unions and the Law of Contract. See also Ogunniy1
Nigerian Labour and Employment Law in Perspective, at pp. 355-372.
contract between the trade union and its members was 1 settled
in 1956 in Bonsor v. Musicians Union.3* In Maritime I Workers
UniSnand Urs v NigîaLabourLlongress and Ors,u the National
Industrial Court, in a preliminary ruling on whether it had
jurisdiction to hear the matter brought before it, held that the
constitution of a trade union was not the same i thing as a
collective agreement. The Court therefore declared that it
lacked original jurisdiction to hear the matter.
Use of Trade Union Funds
Unless the rules of a trade union otherwise provide, trade union
I funds cannot be used directly or indirectly for political
Inactivities. Six objectives are listed as constituting
prohibited political activities. They are: (a) making of
contribution towards the funds of any political party; (b)
payment of any expenses incurred (whether directly or
indirectly) by a candidate or prospective candidate for
election to any political office in Nigeria; (c) holding of any
meeting or the distribution of any literature or documents in
support of any such candidate or prospective candidate; (d)
maintenance of any person while he holds in Nigeria or any
part of Nigeria a political office to which he has been elected;
(e) registration of electors in Nigeria; and
(e) holding political meetings of any kind, or distributing
34 [1956] A.C. 104 at 135-6.

35 [1978-2006] DJNIC 422.
llitical materials of any kind, except insofar as such activities
e for the purpose of regulating the terms and employment of
orkers.34
rade Union Dues
sfore 2005, employers were to make deductions from the ages
of every worker who is eligible to be a member of any of e
trade unions for the purpose of paying contributions to the
ade union so registered; and pay any such sum so deducted
rectly to the registered office of the trade union.35 This
ovision was made without reference to the long-standing
ovisions in Section 5 of the Labour Act which had governed e
law and practice of trade union dues. The current position as
stated in the Trade Unions (Amendment) Act 2005. The
lended Section 17 now restricts deductions to actual members
a trade union. One of the consequences of the change is that
ere is automatic deduction from the wages of all employees 10
are members of their respective trade unions. As Aturu t it,
there is no need for the operation of the contracting t system
as workers must have indicated their intention to members
before union dues can be deducted from their iges,36 unlike
the regime of the Labour Act, where deductions sre made
from the wages of junior workers unless they atracted out of
the check-off system. Another consequence the removal of the
requirement that employers remit, direct the central labour
organisation, the amount due to them. It now the
responsibility of each trade union to pay not 10 % of S dues
collected, but whatever amount the constitution of
See sectionl5, Trade Unions Act.

Section 17 Trade Unions Act Cap. T14 LFN 2004. This is subject to the proviso
in the same section which states that compliance with the provisions of this
section shall be subject to the insertion of No Strike and No Lock- Out
clauses in the relevant Collective Bargaining Agreements between the
workers and their employers.
Bamidele Aturu, Perspectives on the Trade Unions (Amendment) Act 2005,
The Nigerian Business Law and Practice Journal Vol. 6, No.l pp. 48 -49
(2006).
the federation stipulates.37 This is democratic and allows for

flexibility.38
(U'Trade Unions and the Law of Torts
^ Section 24 of the Trade Unions Act provides:
(1) An action against a trade union (whether of workers or
employers) in respect of any tortuous act alleged to
have been committed by or on behalf of the trade union
in contemplation of or in furtherance of a trade dispute
shall not be entertained by any court in Nigeria.
(2) Subsection (1) of this section applies both to an action
against a trade union in its registered name and to an
action against one or more persons as representatives
of a trade union.
This provision is a clear recognition that acts of trade
unions in pursuit of their collective interests may conflict
with the rights of other individuals and groups in the
pursuit of their own legitimate interests. Again, the law
tries to strike a balance between competing interests. In
Crofter Hand Woven Harris Tweed v Veitch,39 Lord Wright
pointed out that the right of the unions to freedom in
conducting a trade is not absolute or unconditional. It is
only an aspect of the citizens right to
37 Section 18 Trade Unions Act as amended. This shift reflects changing

government policy towards the central labour organisation, the Nigeria
Labour Congress, which has become just a federation of trade unions. It
has lost its exclusiveness. The idea of one central labour organiation
runs counter to ILO Convention No. 87 on Freedom of Association.
However much the Trade Unions (Amendment) Act pretends to
encourage freedom of association, it contains provisions that are
intended to make trade unions less effective in the pursuit of their
legitimate objectives. One agrees with Aturu supra, that giving
employers unnecessary discretion as to when to remit union dues, may
encourage some difficult employers to seek to paralyse the unions by
withholding their dues for what is reasonable is a question of fact to be
decided by the court.
48 Aturu, supra.
39 [1942]A.C. 435 at 463

onal freedom and, like other aspects of that right, is qualified

various limitations either by statute or by common law. This
,d to maintain a balance must always be borne in mind when
ues relating to freedom of expression,42 freedom of association d
the right to strike are in issue. The search for this balance
aged English courts and legislature over a period of time in
formative years of English labour relations law.
1901, the House of Lords handed down two decisions which
erely enlarged the common law liabilities of the trade unions
tort actions. Taff Vale Railway Co. v Amalgamated Society
Railway Servants43 laid it down that a registered union could
sued in its registered name and its funds used to satisfy any
mages, while Quinn v Leathern,44 the later of the two, created
common law tort of conspiracy to injure.
appily, the harshness of the common law was ameliorated by te
Trade Disputes Act 1906 which removed conspiracy to jure as
an actionable tort. Nigerian trade unions were luckier tan their
English counterparts, in that judicial attitude had tanged for
good towards unions by the time of their emergence, lat
explains why there was no equivalent section of the Trade
isputes Act, 1906 in any local legislation.45
sope of Protection
iction 44 provides:
>) An act done by a person in contemplation or furtherance of (
a trade dispute shall not be actionable in tort on any one or j
more of the following grounds only, that is to say-
| (a) that it induces someone to break a contract of employ-
i ment; or
i
I
f ------------ : ----------
See Adebola v. Babayemi, unreported decision of high Court of Jos, in
Uvieghara, at p. 190.
[1901] A.C. 426.
[1901] A.C. 495.
Uvieghara, at p. 188.
(b) that it is an interference with the trade, business or
employment of some or other person or with the right of

some other person to dispose of his capital or his labour
as he wishes; or
(c) that it consists in his threatening that a contract of
employment(whether one to which he is a party or not)
will be broken; or
(d) that it consists in his threatening that he will induce
some other person to break a contract of employment to
which that other person is a party.
(2) Nothing in Sub-section (1) of this Section shall prevent an
act done in contemplation or furtherance of a trade dispute
from being actionable in tort on any ground not mentioned
in that subsection.
In summary, the protected acts under Section 44(1) are: (a)
inducement of breach of contract of employment of a third
party;40 (b) interference with trade, business or employment of a
third party; (c) threat to commit a breach of contract of
employment, whether of own, or of a third partys; (d) threat to
induce breach of contract of employment of a third party.41 All
other acts, as emphasised in Sub-section (2) are actionable in
tort. This distinction is important because a trade union and its
members have immunity for actions taken by them only when
such actions fall within the definition of trade disputes, and are
actions taken in contemplation or furtherance of a trade
dispute.42 Actions outside this window are not covered.
Sometimes, however, it is difficult to identify a clear line of
demarcation between workers interests engendering trade
iputes, and other interests because of
theinterrelatedness ween labour, economics and
politics. This is illustrated by ieral Government of
40 Queen v Leathern [1901] A.C. 495;' Crofter Hand-Woven HarrisTweed v Veitch

[1942] A.C.700.
41 Mogul Steamship v McGregor, Gow and Co. [1889]23 Q.B.D. 598.
42 Momodu v Municipal and Local Authority Workers Union unreported suit No.
B/57/68, High Court Benin, cited in Uvieghara, Trade Union Law i 11 Nigeria,
pp. 188-189.
Nigeria and Attorney General v Adams hiomole and

Nigeria Labour Congress43 and similar cases lere trade
unions had been mobilised to go on general strike |
protest against economic or political policies or actions
of vernment.
Chapter 15
[2004] 1 N.L.L.R. 326 (Federal High Court), [2004] 1 N.L.L.R. 339 (CA).
Collective Bargaining and Collective Agreements

Introduction
S
ECTION 48 of the Trade Disputes Act does not define
collective bargaining; however, it defines collective
agreement. The National Industrial Court Act (NICA),
2006, also defines collective agreement. It is easy to define
collective bargaining as the process of reaching a collective
agreement. Collective bargaining is collective dialogue, or
collective negotiation between the employers representatives
and the workers representatives with a view to reaching a
collective agreement on the issues under negotiation. Section 48
defines collective agreement for the purpose of the Act as-
any agreement in writing for the settlement of disputes
and relating to terms of employment and physical
conditions of work concluded between an employer, a
group of employers or organisations representing workers,
or the duly appointed representative of any body of
workers, on the one hand; and one or more of trade unions
or organisations representing workers, or the duly
appointed representatives of any body of workers, on the
other hand;
Similarly, Section 54 of the NICA defines collective agreement
as:
any agreement in writing regarding working conditions
and terms of employment concluded between-
(a) an organisation of employers or an organisation
representing employers (or an association of such
organisation), of the one part, and
(b) an organisation of employees or an organisation
representing employees (or an association of such
organisation), of the other part;
's definition envisages umbrella organisations such as the
eria Employers Consultative Association (NECA), and the
eria Labour Congress (NLC) and the Trade Union Congress
C) as parties to the collective bargaining process between ir
members and the employer.

tion 25 of the Trade Unions Act which provides that an
ployer must recognise a trade union upon registration where
sons in the employment of the employer are members of
trade union, seems to provide legal backing for collective
gaining within the plant, enterprise and industry wide. But s
must now be read subject to the amendment by the Trade ion
(Amendment) Act, 2005. Under the current law, all stered
trade unions are to constitute an electoral college lect
members who will represent them in negotiations with
employer in collective bargaining. Five years after the ctment
of the controversial Act, there does not seem to be r change
from the pre-2005 position with respect to parties
resentatives to the collective bargaining table.
[otiable Issues
otiable issues in the private sector are usually contained he
procedural agreement which is the manual of standards,
hods and levels to be followed by the negotiating parties,
cedural agreements which embody the bargaining unit and
machinery for negotiation, known as the National Joint
ustrial Council (NJIC), are in common use. A typical cedural
agreement spells out subjects for negotiation or cussion at
each level. Issues of management prerogatives also defined.
Matters which fall within the ambit of otiation between
union representatives and employers
. -S.
include wages and salaries, hours of work, sick leave, various
allowances (shift, out-of-station and leave), annual leave
redundancy, overtime rates, housing allowance and transport
facilities. It is a flexible list; contents change in accordance
with changes in trade union strength and capacity to exert
pressure on the employer. Thus, such issues as end-of-year
bonus, pension schemes, long service awards, death benefits,
housing loans, car loans and others, though matters for
discussion, often end up as terms in a collective agreement.
/
Most procedural agreements recognise the exclusive
right of management to handle specific issues
concerning matters of promotion, transfer and
discipline, economic issues, production policy and
technical improvement. Some procedural agreements,
however, recognise the right of union to be consulted on these
issues. The extent to which collective bargaining can be
described as a form of worker participation in corporate
governance depends on the ability of union to have a say in
those economic and strategic issues that shape or determine the
direction of the enterprise. Redundancy is one issue that
highlights the critical importance of the meaning of the right to
be consulted by an employer before a decision is taken on an
issue that will affect a worker and indirectly the union.
Legal Status of Collective Agreements
Collective agreements are not legally binding at common law.
They are seen as gentlemens agreement binding in honour
only- Unfortunately, parties are not always faithful when it
comes to honouring the reasonable expectations of the other
party to a collective agreement. This is one of the commonest
sources
industrial or trade disputes1 and industrial action. There e,
nevertheless, ways of making collective agreements legally
riding. One of such ways is through statutory provisions.
action 2 of Trade Disputes Act
sction 2 of the Trade Disputes Act provides that where there a
collective agreement for the settlement of a trade dispute, least
three copies of the agreement are to be deposited bv e parties to
the agreement with the Minister of Employment. iEour and
Productivity. The Minister has discretion to make i order
specifying the terms and portions of the agreement at shall be
binding on the employers and workers to whom :ey relate. That
section is concerned with collective jreements for settlement of
trade disputes.
ational Industrial Court Act
jction 7 (1) of the NIC Act,2 provides that the Court shall have
id exercise exclusive jurisdiction relating to the itermination of

any question as to the interpretation of any Elective
agreement.3 The Court has exercised this jurisdiction Pom its
inception under the Trade Disputes Act and has bntinued to do
so effectively even under the National adustrial Court Act.
Issues dealt with include: method of peculation of retiring
benefits, and the guidelines to
j ____________________________________
See, for example, Nigerian Union of Construction and Civil Engineering ' Workers
v. Construction and Civil Engineering Employers Association of ' Nigeria [1978-
2006] DJNIC 105; National Union of Hotels and Personal [ Services Workers v.
National Union of Petroleum and Natural Gas Workers andAnor. [1978-2006]
DJNIC 358; John Ovoh (suing for himself and as a ; representative of679junior
Staff of Nigerian Dredging and Marine Limited retrenched 1994) v. Nigerian
Dredging and Marine Limited [1978-2006] 516;
I
Concorde Hotels Limited v National Union of Hotels and Personal Services
Workers, ibid. pp. 317.
See also Section 254C of the Constitution of the Federal Republic of Nigeria
(Third Alteration) Act, 2010.
Section 7 (1) (c) (i).
interpretation of collective agreements,44 ascertainment of the
intention of the parties to the agreement,45 presumption of
regularity,46 and effect on contract of employment.47 The NIC
has also had to entertain the question whether the terms of a
collective agreement can be extended to non-parties to the
agreement.
44 See Nigerian Union of Construction and Civil Engineering Workers v.

Construction and Civil Engineering Employees3 Association of Nigeria
(1978- 2006) DJNIC 105.
45 The Association of Metal Products, Iron and Steel Employers of Nigeria v.
The Metal Products Workers Union of Nigeria (1978-2006) DJNIC 322;Iron
and Steel Senior Staff Association v. Management ofCrittal Hope Nigeria
Limited (1978-2006)DJNIC 221.
46 National Union of Hotels and Personal Services Workers v. National Union
of Petroleum and Natural Gas Workers & Anor (1978-2006) DJNIC 358
47 Nigerian Ports Authorithy v. Nigerian Ports Authority Workers' Union
(1978- 2006) 75.
In National Union of Hotels and Personal Service Workers

(NUHPSW) v Paliso Nigeria Limite and Anor,48 the National
Industrial Court stated that Sections 15 and 20 of the Trade
Disputes Act contemplate only the Minister responsible for
labour or the parties to a collective agreement as those who
can activate the interpretation of jurisdiction of the court. By
extension, it further declared, in line with the privity rule, that
only parties to a collective agreement to be interpreted can
benefit or suffer from it. A non-party has no locus and so no
case to answer in respect of the agreement, it ruled.49
According to the National Industrial Court, the principle of
extension of collective agreements to nonsignatories to it is not
yet part of the labour law of Nigeria, on the ground that
collective agreements cannot be interpreted in vain. The party
against whom the interpretation is sought must be shown to be
bound by the agreement.
An interpretation once made becomes binding and has the
effect of incorporating the agreement into the individual
contracts of employment of workers so affected.
Chapter 16
Strikes and Other Forms of Industrial Action

ternational Labour Law and the Right to Strike
^HE ight to strike is considered nationally and
internationally as a fundamental right. What is the basis of
this assumption? The search for an answer must begin
from 3 international and regional level. The fundamental
question iat demands an answer is whether international
labour law cognises the right to strike. We need to start this
chapter th this issue because of its significance in the
determination ' what amounts to international best practice
in the anagement of industrial or labour disputes.
>e Right to Strike and International
48 [1976-2006JDJNIC 547.
49 Ibid.
ibour Organisation (ILO)

jcording to the ILO, the right to strike is the most visible i rm
of collective industrial action that workers employ to force /
aployers to express their grievance and to force the employer (
the bargaining table. Fundamental as it is declared to be, ere
is no express provision of that right in the Constitution the
ILO, or in any of the core labour conventions namely,
ttivention No. 87 (1948) on Freedom of Association and the
otection of the Right to Organise; and Convention No. 98
049) on the Principles of the Right to Organise and to Bargain
)llectively. However, the ILO Committee of Experts on
"eedom of Association has consistently held that the right to
rike is one of the essential means available to workers and
ieir organisations for the promotion of their economic and
social interests.50 Again, articles 19 and 22 of the ILO
Constitution which stipulate reporEmg requiremtiilts' in
respect; of ratified and unratified conventions give indirect
recognition to the right to strike. And, according to Bob
Hepple, ILQ Declaration of Fundamental Principles and
Rights at Work 1998 elevates freedom of association and the
right to strike to collective bargaining into the category of
fundamental principles from which rights can be derived.51
Other International and Regional Instruments
While the United Nations does not deal with labour matters
as such, and recognises the ILO as the specialised agency
responsible for taking appropriate action for the
accomplishment of the purposes set out in its Constitution,
some UN instruments of some general scope have also covered
.labour matters.52 One of such UN general instruments is the
50 See Digest of Decisions on Freedom of Association, e.g. paras 520-521 in the

2006 edition.
51 Bob Hepple, The Right to Strike in International Context. Lecture
delivered at the University of Toronto on 5.12.2009, accessed from the
internet via www.googIe.com.
52 See http:! /www.itcilo.it/english/actrav/telearnlglobal /lo/law t
lablaw.htmas it appeared on 6 Mar, 2010, accessed 7/21/2010.
'^Înternational Covenant on Economic, Social and Cultural

Rights (ICESCR) 1966. Article 8 (1) (d), provides that state
parties should ensure the protection of the right to strike.
However, this right is to be exercised in conformity with the
laws of the particular country. Is this any different from what
the Constitution of the Federal Republic of Nigeria contains?
Sb-is it different from the relevant provisions of the Trade '
Disputes Act and the Trade Unions Act?
The European Social Charter 1961 (Revised 1996) in article
6(4), provides that members undertake to recognise the right
of workers and employers to collective action in cases of conflict
of interests, including the right to strike, subject to obligation
resulting from collective agreement previously entered into
ptween the parties. Similarly, the European Community liarter
of Fundamental Rights 20004 provides that workers nd
employers or their respective organisations have in fccordance
with community law and national laws and ractices, the right to
negotiate and conclude collective breements at the appropriate
levels and, in cases of conflict f interest, to take collective action
and to defend their Iterests, including strike action. This is the
clearest and most irect pronouncement on the right to strike at
the international lid regional levels. The African Charter on
Human and Peoples lights expressly recognises the right to
freedom of association,, mile there is no express mention of the
right to strike.
legislation
he law on strikes can be found in the Trade Disputes Act, 5 rade
Disputes (Essential Services) Act,6 and the Trade Unions ict7 as
amended. What is strike in the context of national sgislation?
It is important to point out that the law legislates gainst
strikes and lock-outs. Technically, both are strikes, y either
employees or employers, as the case may be. herefore, both
terms will be examined.
lefinition
trikes
ection 48 of the Trade Disputes Act provides:

strike means the cessation of work by a body of persons
employed acting in combination, or a concerted refusal or a
refusal under a common understanding of any number of
persons employed to continue to work for an employer in
consequence of a dispute, done as a means of compelling
their employer or any person or body of persons employed,
or to aid other workers in compelling
Now part of Treaty of Lisbon which came into force 1 December, 2009.
Cap. T8 LFN 2004.
Cap. T9 LFN 2004.
their employer or any persons or body of persons
employed, to accept or not to accept terms of employment
and physical conditions of work;
The actions that constitute strike, according to section 48, are:
cessation of work, and concerted refusal to continue work.
These two components of strike are further defined in the
section. Cessation of work includes deliberately working at
less than usual speed or with less than usual efficiency;53 while
refusal to continue to work includes a refusal to work at usual
speed with usual efficiency.54 These definitions include other
forms of industrial action such as work-to-rule, ban on
overtime, go slow,55 among other actions which workers
sometimes employ in place of a complete stoppage of work.
It has been held by the National Industrial Court that where a
group of workers indicated their intention to perform essential
duties when their union was on strike, but refused to work, and
instead engaged in some disruptive activities, such as sleeping
on duty, hiding important work-related documents, physically
53 Section 48 (1).
54 ibid.
55 See Federated Motor Industries (Division ofUAC Ltd) v. Automobile, Boatyard,
Transport Equipment and Allied Workers Union[1978-2006] 48 where NIC
declared that go-slow constituted a strike under Section 37 of the
Trade Disputes Act, 1976.
restraining the movement of their superior officer and filling

certain equipment to overflow, thus creating a fire hazard; such
actions amounted to gross misconduct and not done in
contemplation or furtherance of a trade dispute.56
Lock-out
Section 48 states:
lock-out means the closing of a place of employment, or
the suspension of work, or the refusal by an employer to
j) continue to employ any number of persons
employed by ; him in consequence of a
dispute, done with a view too compelling
those persons, or to aid another employer
in compelling persons employed by him, to
accept terms of employment and physical
conditions of work.
s can be seen, strikes and lock-outs represent
two sides of ie same coin. In a strike,
workmen withdraw their labour in rotest
against some real or perceived grievance
against the mployer. In a lock-out,
management or the employer locks Ut the
workmen from access to work premises again as
an icpression of grievance against the
workers. Both are collective argaining
weapons.
egality of Strikes
ection 18 of the Trade Disputes Act provides-
L) An employer shall not declare or take part
in a lock-out [ and a worker shall not take
part in a strike in connection \ with any
trade dispute wherein (a) The procedure
specified in Section 4 or 6 of this Act has I
not been complied with in relation to the
56 Management of Gulf Oil Company Nigeria Lt. v. National Union of Petroleum

and Natural Gas Workers(NUPENG) [1978-2006] DJNIC 208.
dispute; or
(b) A conciliator has been appointed under
Section 8 of this Act for the purpose of
effecting a settlement of the dispute; or
(c) The dispute has been referred for
settlement to the Industrial Arbitration
Panel under Section 9 of this Act; or
(d) An award by an arbitral tribunal has
become binding under Section 13 (3) of
this Act; or
(e) The dispute has subsequently been
referred to the [ National Industrial Court
under Section 14 (1) or Section
17 of this Act; or : (f) The National
Industrial Court has issued an award on the
reference.
; is a criminal offence for anybody to take
part ina lock-out, or i a strike action in
connection with any trade dispute, without
first exhausting these procedures as listed above.57 Section 18
(2) provides-
It is hereby declared that where a dispute is settled
under foregoing provisions of this Act either by
agreement or by the acceptance of an award made by an
arbitration tribunal under Section 13 of this Act, that
dispute shall be deemed for the purpose of this Act to
have ended; and accordingly any further trade dispute
involving the same matters (including a trade dispute
as to the interpretation of an award made as aforesaid
by which the original dispute was settled) shall be
treated for the purposes of this section as a different
dispute.
A literal construction of Section 18 shows that there is a right
to strike, but it is severely limited, thus leading to the opinion
that there can never be a lawful exercise of any right to strike
57 Section 18 (2)
in Nigeria as long as Section 18 remains law. The system is a

merry-go-round where one can never differentiate which must
continue in motion until the programmed time is exhausted.
It can therefore be said that, in effect, Section 18 constitutes a
total ban on the right to strike in Nigeria. Although the ILO
Committee on Freedom of Association has passed adverse
comment on these provisions, including the criminalisation of
strikes, they still remain law until abrogated.
Trade Unions (Amendment) Act 2005
The effect of Section 18 is further compounded by the Trade
Unions(Amendment) Act 2005. Section 6 has amended Section
30 of the Trade Unions Act. (Amendement) The 2005 Act
provides:
No person, trade union or employee shall take part in a
strike or lock-out or engage in any conduct in contem-
plation or furtherance of a strike or lock-out unless:
; the person, trade union or employer is not engaged in the i
provision of essential services;
the strike or lock-out concerns a labour dispute that i
constitutes a dispute of right;
: the strike or lock-out concerns a dispute arising from a
> collective and fundamental breach of contract of S
employment or collective agreement on the part of the i
employee, trade union or employer, i the provisions for
arbitration in the Trade Disputes Act Cap. 432, Laws of the
Federation of Nigeria, 1990 have first been complied with;
and ! In the case of an employee or a trade union, a ballot has
been conducted in accordance with the rules and constitution
of the trade union at which a simple majority of all registered
members voted to go on strike.
is amazing that a law passed through a democratic process
uld be so draconian; and even more perplexing that it did it
seek to harmonise the law as contained in the Trade sputes
Act with the Trade Unions Act.58 It is suggested that is
This lends credence to the feeling that it was targeted at one of the
stakeholders, the Nigeria Labour Congress, which at the time of the passage
provision is a retrogressive step and must be reversed to ow

for realistic exercise of the right to strike.
rikes and Essential Services
)rkers in essential services are, under the Trade Disputes t,
required to give 15 days notice before going on strike. The ade
Unions (Amendment) Act 2005 has gone even further by icing
a total ban on strike by workers in essential services.59 is
understandable that the right of essential services rkers (as
strictly understood,) to strike should be restricted; wever, the
definition of that term in the Second Schedule to i Trade
Disputes Act, and the Trade Disputes (Essential
Services) Act has been used as a catch-all phrase to muzzle the
entire civil and public servants, among others from exercising
their right to strike.
Definition
Section 48 defines essential services to mean any service
mentioned in the First Schedule to this Act. The Services
mentioned in the First Schedule are:
(1) The Public Service of the Federation or of a State ... (2) Any
service established, provided or maintained by the
Government of the Federation or of a State, by a Local
Government Council,60 or any municipal or statutory
authority or by private enterprise -
(a) for, or in connection with, the supply of electricity,
power or water, or of fuel of any kind;
(b) for, or in connection with, sound broadcasting or postal,
telegraphic cable, wireless or telephonic
communications;
(c) for maintaining ports, harbours, docks or aerodromes,
or for, or in connection with, transportation of persons,
was the most vocal at challenging governments economic policies.

Section 30 Trade Unions Act as amended.
60 The Teaching etc. (Essential Services) Decree No. 30 of 1993, made in the wake
of the trade dispute between the Academic Staff Union of Universitie9 (ASUU)
and the government added teaching to the list of essential services-
goods or livestock by road, rail, sea, river or air;

(d) for, or in connection with, the burial of the dead,
hospital, the treatment of the sick, the prevention of
disease, or any of the following public health matters,
namely sanitation, road-cleansing and the disposal of
night-soil and rubbish;
(e) for dealing with outbreaks of fire.
It is also service in any capacity in any of the following
organisations:
the Central Bank of Nigeria;
the Nigerian Security Printing and Minting Company Limited;
any body (corporate) licensed to carry on banking business
under the Banking Act.
definition of essential service is too wide and goes far ond
what an ordinary person on the street would consider be an
essential service. The whole public service and astatals fall
within the concept of essential service, ardless of the job
description. The main purport of the cept, as defined, seems
obviously to be the stifling of 'vities of trade unions within
the public sector in particular, hough, as the First Schedule
shows, some services within private service also fall within
the definition.
e concept of essential service in itself is acknowledged even
the ILO itself. It is accepted that disputes affecting those in
sential services properly so called should be settled at the
orted possible time. Section 17 of the Trade Disputes Act is
be understood in this sense. It provides for a direct reference
the Minister to the National Industrial Court, where the
spute is one to which workers employed in any essential rvice
are a party.
rikes have continued to occur despite strict legislative
ovisions curtailing workers right to strike which started in
'68. Some of the strikes involved all trade unions in the
public liversities across the country; it lasted over three
months. If jrkers embarked on strikes under military
regimes when it is risky to do so, it seems unlikely that any
form of restraint, i matter the presumed justification, will

work under a less pressive environment. The disregard by
workers of the ban : strike, and its consequences show that
the curtailment of sic rights regarded as fundamental rights
is nothing but a tile exercise. The conclusion is that
compulsion is not scessarily the best tool for effective
industrial peace; free llective bargaining is.
;rikes and Contracts of Employment
hat message do workers who give notice of their intention to
y down their tools communicate to the employer? Does it
mean a notice to terminate their contract of

employment? Or does it merely convey an intention to suspend
the employment relationship until the dispute between the
parties is resolved? The orthodox view was that strike notice of
proper length took effect so as to terminate the contract of
employment of the strikers.61 The emphasis is on strjke-
notip.e of proper length Any notice short of that would not
have that effect. In Stratford v. Lindley,62 Lord Denning (M.R.)
said that such notice is not to be construed as if it were a
weeks notice on behalf of the men to terminate their
employment, for that is the last thing any of the men Would
desire.... The strike notice is nothing more than or_less than
notice that the men will not come to_ work- In short, that they
will break their contracts.... According to his Lordship, by
giving notice of strike, the trade union officer was in effect
saying that he would induce the men to break their contracts of
emplovmxit-4m4ess^he__emiilover compiied'wltlf their
demands. He considered it to be a threat to commit a tort, and
therefore, a clear intimidation.
But, in Morgan v. Fry,63 Lord Denning had a rethink
61 Uvieghara, Trade Union Law in Nigeria p. 221, citing Allen v Flood

[1898] A.C. 1; White v. Riley [1921 ] 1 Ch. 1 and Santen v Busnach (1913) 29
T.L.R- 214.
62 [1965] A.C. 269.
63 [1968] 2 Q.B. 710.
when he said:
The truth is that neither employer nor workmen
wish to take the drastic action of termination if it can be
avoided. The men do not wish to their work for ever. The
employers do not wish to scatter their labour force to the
four winds. Each side is therefore content to accept a
strike notice of proper length as lawful. It is an
implication read into the contract by the modem law as
to trade disputes. If a~stnke takes place, the contract of
employment is not terminated. It is suspended during
the strike and revived again when the strike is over.
tie view expressed in Morgan v Fry, is

reflected in the language : Section 43 of
the Trade Disputes Act, which states that
orkmen who embark on a strike in
contravention of the revisions will lose
their pay for the period of the strike. Such
leriod will also not count for the purpose
of calculating mtinuity of service for
pensions and related purposes. If ther|
mjjloyer locks out the*employees, in
disregard of the provisions^ ien he must pay
the employees their wages and salaries. The
eriod of the lock - out will be included in
the calculation of the sngth of service
rendered by the employee. The practical
effect ' Section 43 when read in conjunction
with Section 18 is that a ;rike or a lock-
out merely suspends the contract of
employment I between strikes, and does not
terminate it outright. From me to time, an
employer may regard the striking employees
as laving terminated their employment
contract when appeals or Itimatum to return
or be sacked, issued by the employer, are
[nored by the employees out on strike. This
is not the best lethod of resolving an
industrial dispute.
tatutory Immunities
he common law recognises some torts as
constituting economic iterference. Many of
these torts - civil conspiracy, inducing
'each of contract and intimidation - occur
during strike rtions and would ordinarily
lead to civil actions against the riking
workers, but for statutory intervention.
Section 23 of le Trade Unions Act provides
that a trade union,""whether of nployers or
workers, is immune in tort in respect of
acts legedly committed by it, or on its

behalf, in contemplation of
in furtherance of a trade dispute. Section
23 also provides Hmurlity in tort for an act
done bv any person in contemplation 1
furtherance of a trade dispute, where such,an
act amounts (ajinducement to breach of
contract of employment to a third. irty; (b)
interference with trade, business or
employment of a ixrd party; (c) threat to
commit breach of contract of aployment,
whether of his own or a third party; (d)
threat to duce aJbreach of contract of
employment by a third party.. All her acts
outside this are actionable in tort, even
though done Contemplation or furtherance of a
trade dispute.

308 Nigerian Employment and Labour Relations Law and
Practice Picketing
The law on picket is contained in Section 42 of the
Trade Unions Act as amended by the Trade Unions
(Amendment) Act, 2005. It provides:
1 (a) No person shall subject any other person to
any kind of constraint or restriction of his personal
freedom in the course of persuasion;
1 (b) No trade union or registered federation of trade
unions or any member thereof shall in the course of any
strike action compel any person who is not a member of
its union to join any strike or, in any manner
whatsoever, prevent aircrafts from flying or obstruct
public highways, institutions or premises of any kind
for the purpose of giving effect to the strike
Before the amendment, the text of the section stated:
It shall be lawful for one or more persons, acting on
their behalf or on behalf of a trade union or registered

federation of trade unions or of an individual employer
or firm in contemplation or furtherance of a trade
dispute, to attend at or near a house or place where a
person resides or works or carries on business or
happens to be, if they so attend merely for the purpose
of peacefully obtaining or communicating information
or of peacefully persuading any person to work or
abstain from working.
The issue of what constitutes lawful picketing was
handled by the National Industrial Court in National Union of
Paper and Paper Products Worker v The Management of Wahum
Packages Nigeria Ltd.64The issue was whether the hlovHng nf
girpn by one Iwu, the branch chairman of the plaintiff union,
at the respondents factory thereby forcing all the workers to
abandon theirjobs, was right and proper. The Chairman
was~reiieved of, his appointmenton account of this act. It led
toatrade dispute;
J'he Industrial Arbitration Panel found that the
blowing of the [iren at the factory premises was without
justification as there jyas no trade dispute. The National
Industrial Court held that She attempt of a trade union
official to enter the premises of fce respondent without
permission, in the absence of a trade lispute, did not
constitute peaceful picketing as envisaged by he Trade Unions
Act.
|he 2005 amendment has not made any real impact on
the use if picketing as a strike weapon; or indeed, on the
substance of pe law itself.65 The emphasis has always been on
peaceful picketing. The tone and content of the amendment
was a jroduct of its time - a time. This also highlights the
need- for pjectivity and respect for best practices.
64 [1978-9006] DJNIC 121

Aturu, "Perspectives on the Trade Unions (Amendment) Act 2005, The
Nigerian Business Law and Practice Journal, Vol. 6, No.l at p. 50 (June
2006)
t.
i
y
Chapter 17
Settlement of Industrial Disputes
Introduction
G
OVERNMENT policy towards
industrial relations before 1968 was based
on the principle of freedom and non-
interference. The legal framework for resolution of industrial
disputes was contained in the Trade Disputes (Arbitration and
Inquiry) Act, 1941.66 Under that regime, government
intervention in trade disputes was on invitation with the
consent of the parties. The stakeholders bore the primary
responsibility of resolving their disputes using the
mechanisms of negotiation, collective agreement, and, where
necessary, industrial action. Records show that strikes
occurred during the period 1941 to 1967, ranging from 5 in
1941 to 170 in 1965. Apart from 1967, the other years with
fairly long periods of strike were 69 in 1960/61, and 67 in 1967
respectively. There is nothing strange about these figures
because strike action was (and is still) a recognised weapon in
the maintenance of equilibrium between labour and
management.
Government policy changed in 1968 with the
promulgation of the Trade Disputes (Emergency Provisions)
66 Cap 201 1958 Laws of the Federation.
310
(Amendment) Decree 1968. It was a wartime measure intended

to curtail strikes by introducing a compulsory dispute
settlement process. K established an ad hoc industrial
arbitration tribunal. The 1968 law was reinforced by the
Trade Disputes (Emergency Provisions) (Amendment) (No. 2)
Decree 1969. The industrial
irbitration tribunal became a standing body. Strikes
and lock- luts were banned and declared criminal acts. The
role of [bvemment moved from the side stage to the centre
stage. This las remained the position today by virtue of the
Trade Disputes Let 1976 and its amendments. It is important
to mention that nstitutionalisation of trade dispute
settlement, and outlawing r severe restricting of strikes has
not and is not capable of radicating strikes. This is illustrated
by the record of strikes ti the immediate aftermath of the
amendment legislation of 1968 kid 1969. Records show that 29
strikes took place in 1968/69, 45 ft 1969/70,123 in 1970/71 and
211 in the 1st quarter of1975 alone.2
['he current legal framework for the settlement of trade
isputes is contained in the Trade Disputes Act 1976 as
.mended,3 the Trade Disputes (Essential Services) Act 1976,4
nd the National Industrial Court Act 2006.
lie Trade Disputes Act
he legal framework established by the Trade Disputes
Act stensibly recognises the principle of free collective
bargaining nd voluntary settlement of trade disputes. This is
illustrated y the following provisions:
oluntary Settlement
ection 1 of the Act provides:
Where a trade dispute exists or is apprehended, the
provisions of this Part of this Act shall apply to the
dispute.
ection 3 provides:
Where there exists any collective agreement for the
settlement of a trade dispute, at least three copies of
Annual Returns of the Federal Ministry of Employment, Labour and

Productivity.
Cap. T8 LFN, 2004.
Cap. T9 LFN, 2004.
the said agreement shall be deposited by the parties
thereto with the Minister
(a) in the case of a collective agreement entered into on or after
the date of commencement of this Act, within thirty days of
that (sic); and
(b) in the case of a collective agreement entered into on or after
the date of commencement of this Act, within fourteen days
of the execution thereof; any person who fails to deposit
copies of the said agreement within the period prescribed in
the foregoing provisions of this subsection, shall be guilty of
an offence under this Act....
Section 4 (1) stipulates:
If there exists agreed means for settlement of the
dispute apart from this Act, whether by virtue of the
provisions of any agreenlent between organisations
representing the interests of employers and organisation
of workers or any other agreement, the parties to the
dispute shall first attempt to settle it by that means.
Mediation
Mediation under the Act is still part of the voluntary mode of
settlement of trade disputes. According to Section 4 (2), if the
attempt to settle the dispute by the parties themselves as
provided in subsection 1 fails, or where there is no dispute
settlement agreement in existence, the parties are to meet
within seven days of the failure to settle the dispute under the
presidency of a mediator. The mediator must be a person
mutually agreed upon and appointed by the parties. This stage
can only take off where the parties have unsuccessfully used
their own process as predetermined by them, or where there is
no such agreement in existence. There is a seven - day window
period within which to settle the dispute. The calculation of the
seven days begins from the date of the failure to reach a
settlement, or from the date when the dispute arises, or is first

apprehended, where there is no prior dispute settlement
agreement. The parties have seven days within which to settle
the dispute
irough mediation;67 and must be reported to the Minister in
[riting highlighting points of disagreement, and describing steps
*ken in the attempt to settle the dispute. This report has to lade
within three days of the seven days of the parties failure a reach
an agreement. Mediation marks the end of voluntary lechanism
under the Trade Disputes Act. Mediation can be very ffective
and useful mechanism for the settlement of trade isputes. It
combines the characteristics of friendliness, speed lind
voluntariness. It can assist parties to resolve their dispute ind
they still remain friends, with no victor and no vanquished, i'his
is good for the enterprise.
Conciliation
Section 7 gives the Minister the right to determine what other
iteps to take to resolve the dispute, if he is not satisfied with ;he
steps taken under sections 4 and 6. One of the options is to isk
the parties to repeat the processes of voluntary settlement md
mediation. But if after the time given to settle has expired ind
there is no settlement, the Minister may then proceed to
ixercise any of the powers conferred on him in Sections 8, 9,
L768 and 33 of the Trade Disputes Act. Section 8 provides for ;he
appointment of a conciliator by the Minister. This is, in mes
opinion, the beginning of the compulsory mechanisms for ;he
settlement of trade disputes.
The qualification for appointment is that the conciliator must )e
a fit person.69 The person so appointed shall inquire into ;he
causes and circumstances of the dispute and by negotiation vith
the parties endeavour to bring about a settlement.70 A
67 Part Two of the Trade Disputes Act has been repealed by the National
Industrial Court Act, 2006; this provision will now be read subject to that
Act. This will be discussed in the next chapter.
69 Section 8 (1)
70 Section 8 (2)
nemorandum of the terms of the settlement signed by the

epresentatives of the parties is to be sent to the Minister, if
Section 6
the parties are able to reach a settlement within seven days of
the appointment of the conciliator.84 If not, the next stage is
put into motion. It is a criminal offence for any of the parties to
act in a manner inconsistent with the terms of the settlement.85
The criminalisation of actions connected with industrial
disputes is one of the aberrations of the current legal regime. It
is a relic from the military era which should be expunged from
the law at the earliest opportunity.
Arbitration and the Industrial Arbitration Panel (IAP)
Section 9 of the Trade Disputes Act provides for the reference
of a dispute to the Industrial Arbitration Panel (IAP) by the
Minister, within fourteen days of the receipt of a report under
Section 6. The composition of the IAP is made up of a
chairman, a vice-chairman and at least ten members, all of
whom are appointed by the Minister. Two out of the ten
members are nominees of labour, while two are nominees of
employers.86
When a matter is referred to the IAP by the Minister, the
chairman sets up an arbitration tribunal in accordance with
e provisions of Section 9 (4) (a)-(c). Even though there is
84 In a research carried out on behalf of the Federal Ministry of

Employment in 1992, some trade union officials expressed
reservations over the qualifications and experience of some of the
conciliators. Some were accused of being hasty and impatient. The
result of this haste, it was alleged, was that the IAP was burdened
with the task of conciliation, as well as arbitration. However, the
Director of trade unions at the time of the research denied the
allegations. See Ago mo, C.K. Report on the Evaluation of the
Performance of the Industrial Arbitration Panel and the National
Industrial Court 1992. In 2002, a follow-up survey was conducted to
know whether there had been changes between 1992 and 2002, as part
of the working papers for the Declaration Project Nigeria under the
technical supervision of the ILO. It was interesting that the quality
and experience of conciliators had improved.
85 Section 8 (4).
86 Section 9 (2) (a) (b).
ovision for a single arbitrator to sit, the regular practice is

use a full tribunal of three members under the presidency of
e chairman or vice chairman.87
arties to a dispute do not have direct access to the IAP. It is

:e prerogative of the Minister to decide when to refer a
matter the IAP. An award of an arbitration tribunal is not
made in e open tribunal; rather, it is sent to the Minister
under Section 3 of the Act. The Minister then informs the
parties of the ward and gives them the opportunity to accept
or object to e award. An objection of any part of the award
constitutes a sh dispute. The Minister also may decide, in
accordance with ection 13 (3), to send an award back to the
tribunal for econsideration. This step, where taken, will
delay the ansmission of the award to the parties for their
reaction. This part of the inbuilt bottlenecks which are
capable of slowing own the process. The final stage is the
publication of the award >y the Minister in the Federal
Gazette. The publishing of the tward gives it a legal backing
and makes it binding on the >arties to whom the award
relates.
ndustrial Peace and the IAP
he IAP has made a noticeable contribution in promoting and
lustaining industrial peace since its inception. This is the
general consensus of the stakeholders.88 This contribution
has >een variously described as lowering the temperature,
pouring oil on troubled waters smoothing ruffled feathers,
bringing management and labour closer than ever before,
acting as a fire brigade by stopping a potentially explosive
ituation from deteriorating and by helping the parties in
many ases to come to the realization that they can resolve
the issues
themselves without being antagonistic towards each other.p0r
* See C.K. Agomo, The Report on the Evaluation of the Performance of the
Industrial Arbitration Panel and the National Industrial Court, October
1992.
5 ibid.
example, in 1989,13 out of 54 disputes referred to the IAP

were resolved by negotiation.89 The IAP provided the
conducive environment for tempers'to cool, and, in so doing,
gave the disputing parties the opportunity to take a second
dispassionate look at the issues at stake. A significant
proportion of the awards are consent awards, agreements
reached by the parties themselves usually after initial
appearance before the industrial tribunal, and adopted by the
tribunal as its award.
eJurisdiction of the IAP
The jurisdiction of the IAP is restricted to trade disputes.
Trade dispute means any dispute between employers and
workers or between workers and workers, which is connected
with the employment or non-employment, or the terms of
employment and physical conditions of work of any person.16
The IAP does not handle individual or rights disputes.
' However, where such rights or disputes become the subject
matter of a collective dispute, then it comes within its
jurisdiction under Part 1 of the Act. And indeed, most of the
disputes that end up as trade disputes start off as rights
disputes between one employee and the employer. The
commonest is termination of employment for various reasons,
such as termination for trade union activities, or redundancy.
Practical Impact of Awards
The impact of IAPs awards may not have been very
encouraging for various reasons. One of such reasons is an
inordinate delay in the publication and confirmation of the
awards. This is not the fault of the IAP; it nevertheless affects
the Panels
89 ibid. G. C. Okogwu, OFR, a former Director-General of the Nigeria

Employers Consultative Association (NECA) described the role of the IAP
as that of compulsory mediation and conciliation. The success of the IAP is
to be seen in this light,
15 Section 48, Trade Disputes Act, Cap. T8 LFN 2004.

sefulness. It is the responsibility of the Minister to cause an
yard to be published in the Federal Gazette.16 Another reason
that there is some reluctance to submit to the Panels
trisdiction, because it is perceived as a forced substitution for
jllective bargaining. An arbitrator expressed the view that lie
award of the Industrial Arbitration Panel (IAP) is only
jgitimate to the extent that it draws its essence from collective
ELrgaining agreement.17 This shows that there can be no real
ibstitute for free and effective collective bargaining.
i
I
f
I
C. K Agomo, The Report on the Evaluation of the Performance of the Industrial

Arbitration Panel and the National Industrial Court (1992), p. 57. Akanimo
Etukudoh, editor, ACCORD, a journal of the Industrial Arbitration Panel (IAP),
Vol 1, No. 1, January 2002,

Chapter 18
The National Industrial Court
Introduction
T HE National Industrial Court (NIC) was established in

19761 by the Trade Disputes Act. Section 192provi<fes:
(1) There shall be a National Industrial Court
for Nigeria (in this Part of this Act
referred to as the Court) which shall have
such jurisdiction and' powers as are
conferred on it by this or any other Act
with respect to the settlement of trade
disputes, the interpretation of collective
agreements and matters connected therewith.
Composition ^.
Section 20 (3) provides as follows: *
The members of the Court shall be-
The President of the Court; and four other
members all of whom shall be persons of
good standing, to the knowledge of the
Minister, well acquainted with employment
conditions in Nigeria, and at least one of
whom shall, to his satisfaction, have
component knowledge of eoondiHics,
industry or trade.
For the purpose of dealing with any matter
which may be referred to it, the Court
shall, at the discretion of the President
of the Court, be constituted of either:
All five members; or the President and two
Ordinary members.
1 Decree No.7 of 1976.

2 See, Section 20 Cap. T8 LFN 2064. Sub-sections (6) and (7) provide for
majority judgment in the event of lack of unanimity, and for Lagos as the
primary place of sitting respectively*
m
For the purpose of dealing with any matter as aforesaid,
jthe Court may, at the discretion of the President of the
'Court, be assisted by assessors appointed in accordance
with Section 27 of this Act.
: -- ----------------- --------
risdiction
tder the 1976 Act, as amended, the NIC79 has exclusive
lisdiction over the following matters - making awards for-
|j3urpose of settling trade disputes; determining questions
jftothe interpretation of any collective agreement:
interpreting ^wy3jha^byîÊ^5ratioix3nbunal orbv the
Court itself kder Part 1 of the Act, and the terms of
settlement of any ade dispute by a conciliator as provided in
Section 8.80 The rard of the Court on any matter is to be
made within thirty prking days from the day hearing
started.
jsues
I Bamidele Aturu pointed out in his submission as Counsel ;
Maritime Workers Union of Nigeria v. Nigeria Labour |\ngress,
there are 3 basic considerations ill looking at the pipetence
of the Court. These are: It must be properly pstituted with
respect to the number and qualification of its Bmbers; it has
jurisdiction over the subject matter; and the jtion is initiated
by due process of law.
le Trade Disputes Act, as it operated before 1992, raised
these adamental issues.81 The Constitution in force when the
Court
Decree No. 39 of 1988 and Decree No. 12 of 1989.

Section 20 Trade Disputes Act 1976 (Section 21 Trade Disputes Cfcp. T8
[ This is because, in the 1979 Constitution, the NIC was not listed in S. 6. In !
1992, that doubt was unambiguously removed with the promulgation of [
Decree 47 of 1992, S. 5 (2).
2004. respect of any trade dispute. This development was

Maritime Workers Union of Nigeria v. Nigeria Labour Congress [2005] 4 intended to bring some sanity into the system. But it did
N.L.L.R. (Pt. 10) 270 at p. 282 where Bamidele Aturu, counsel for the not achieve that purpose because of the view stoutly
respondents in the matter before the NIC, said: Before 1992, there might
defended by the Bar and the Bench that only a
| have been doubt about the fact that this Court is a superior court of
constitutional amendment could reposition the National
record.
Industrial Court.
was established in 1976 was the 1963 Constitution, and
there was no problem relating to the status of the Court As Judge Kanyip pointed out, the Court of Appeal decisions
because the 1963 Constitution was amended to give in Kalango v Dokubo;127 Attorney General of Oyo State v Nigeria
constitutional backing to the Court. But Section 6 of the bour Congress, Oyo State Chapter;128 and Bureau of Public
1979 Constitution which conferred the judicial powers of the terprises (BPE) v. National Union of Electricity Employees
Federation on the courts expressly stated that the only UEE),129 threw up questions as to the constitutionality of
superior courts of record in Nigeria were the ones listed in e NIC as a court of superior record, the constitutionality
the Section.124 The National Industrial Court was not one of and pe of its jurisdictions and powers, and a wide range
them; it therefore came under Section 6 (5) (g), namely: of other sues.130 The confusion arose because the Trade
Disputes mendment) Act, 1992 which enlarged the
such other courts as may be authorised by law to
jurisdiction of the IC by including inter- and intra-union
exercise jurisdiction on matters with respect to which
disputes did not rrespondingly amend the definition of
the National Assembly may make laws.
trade dispute in the ain Act.131 However, the debate
This unfortunate omission created a loophole which parties appeared to have been settled the Court itself in its
often exploited to challenge the jurisdiction of the NIC and ruling in Maritime Workers Union of igeria v. Nigeria Labour
thereby hampered its effectiveness.125 This defect was Congress. The Court pointed out that hile there were
apparently cured by the Trade Disputes (Amendment) express provisions on the original jurisdiction the Court
Decree 1992, which legislation expressly made the NIC a in Sections 14 (1), 15 (1), 19 (1) and 20 (1) of the ade
superior court of record.126 It also enlarged the jurisdiction Disputes Act, that intra-union dispute was not listed as e
of the Court by removing all inter- and intra-union disputes of the actions in respect of which original jurisdiction was
from the regular courts and bringing them within the nferred on the Court. The Court further highlighted the
exclusive jurisdiction of the NIC. It also purportedly fact at an intra-union dispute, defined in Section 24 as
removed the power of the regular courts to grant an interim
or interlocutory order, or to give judgment or decision in
127 [2003] 15 WRN 32.
[2003] 8 NWLR 1.
124 Section 6 (3); Maritime Workers Union of Nigeria v NIC supra. [2003] 13 NWLR (pt. 837) 382.
125 See, for example, Tidex Nigeria Limited v Joy Maskew and Anor, Benedict Bakwaph Kanyip, The National Industrial Court: Current
[1998] 3 NWLR (pt. 142) 404; FC Udoh v. Orthopaedic Hospitals Dispensation in the Resolution of Labour Disputes, An Updated Paper
Management Board Presented at the Refresher Course for Judges and Khadis Organised by
& Others [1993] 7 NWLR, Pt. 254 488. the National Judicial Institute (NJI), March 12-16, 2007 p.2).
126 Section 19(2) of 1976 Act and section 20(2) T8. 2004. Section 2 (1) 1976 Act as amended T8 LFN 2004
dispute ising from the organisation and running of a unions monies under their control, and a perpetual
trade union as id down in the union Constitution, is injunction restraining the plaintiffs from controlling,
different from a trade 'spute defined in Section 47 of the managing, directing or in any way interfering with the
Act.132 A union constitution, e honourable Court said, is affairs of the union, except with respect to actions leading
also not the same thing as a llective agreement. to the conduct of elections for new officers in accordance
with the unions constitution. The defendants challenged
is argued that the Court, though right in its
the jurisdiction of the High Court over the matter by virtue
interpretation its jurisdiction as stated in the Trade
of the Trade Disputes (Amendment) Decree No. 47 of 1992.
Disputes Act, vertheless failed to address the mischief
The trial Chief Judge dismissed the application and held
which the inclusion
that the Court had jurisdiction to hear the matter. The
of inter- and intra-union disputes aimed at, namely, an
defendants appealed against that ruling. This appeal was
enlargement of the original jurisdiction of the Court to
dismissed by the Court of Appeal, by a majority decision.
include intra- and inter-union disputes. The problem was his lead judgment, Ikongbeh JCA said:
that the amendment did not include a redefinition of trade
...the real issue in this appeal is whether or not, upon
dispute to include such disputes. But it would have been
its true construction, section 1A with particular
better if the courts have exhibited some judicial activism
reference to the phrase a trade dispute or any inter-
by assuming original jurisdiction, and perhaps leaving it to
or intra union dispute, appearing therein, has
the court of appeal to overturn it. The Court of Appeal did
introduced a second category of disputes, in addition to
exactly as it anticipated the honourable court would, in the
trade disputes in respect of which access to courts
way it handled this issue in three separate decisions that
other than
came before it.
; the National Industrial Court has been denied to
The first case was Kalango v Dokubo.133 In that case, the i
plaintiffs (respondents on appeal), brought an action before ^ prospective plaintiffs.
the Rivers ' State High Court in Port Harcourt, asking for er an extensive examination of the facts and the law
a declaration that the refusal by the defendants executive relating ' the jurisdiction of the NIC, the learned Justice
officers to conduct elections into the various offices of the of the Court Appeal held that the dispute was an intra-
union after they had served the maximum term allowed by union dispute and t a trade dispute; and as such it was
the union constitution was unlawful and ultra vires the outside the jurisdiction the NIC. The question as framed,
constitution of the National Union of Road Transport was, with all due respect, t answered. Did the Trade
Workers (N.U.R.T.W.). They also asked for other reliefs Disputes (Amendment) Act troduce a new head of
that the defendants be asked to render account of the jurisdiction? That was the question, t the answer of the
courts turned on whether inter- and intra ion disputes
Section 47 defines a trade dispute as any dispute between employers were trade disputes as defined in Section-47 of e Trade
and workers and workers and workers which is connected with the Disputes Act. The answer is yes. The Trade sputes
employment or non-employment or the terms of employment and (Amendment) Act 1992 introduced a new head of
physical conditions of work of any person. T8 LFN 2004 risdiction.
133 [2004] 1 N.L.L.R. 180 C.A.
e Court of Appeal gave a literal interpretation of that the Trade Disputes Act gave the National Industrial
jurisdiction Court in Section 20 of the Trade Disputes Court exclusive jurisdiction over such matters. The plaintiff
Act, and insisted at the section must be amended before replied that the 1992 amendment contradicted the
the jurisdiction of the tional Industrial Court could be provisions of the 1999 Constitution and as such could not
enlarged. The question, wever, is whether, in the light of stand. The learned trial judge did not see any inconsistency
the clear wording of Section of the Trade Disputes Act between the Trade Disputes (Amendment) Act and the
1976, the Court of Appeal could ve decided otherwise. relevant constitutional provisions, particularly Section 272.
The matter went on appeal to the Court of Appeal.
e dissenting judgment of Ogebe JCA suggests so.
According the learned Justice of the Court of Appeal, The Court of Appeal considered Sections 1 (1) and (3); 272
Section 1A of the ade Disputes Act removed the and 315(1), (3) of the Constitution. It also examined Sections
jurisdiction in an action the bject matter of a trade 19, 20 and 47 of the Trade Disputes Act, to decide whether
dispute or inter- or intra-union dispute m the regular the matter in issue was a trade dispute or not, and whether
courts to the National Industrial Court. One ees with the the Oyo State High Court had jurisdiction to hear the
dissenting view. The distinction between cases olving matter. Adekeye JCA, delivered the lead judgement.
trade unions, and trade union cases by Ikongbeh Before going any further it is appropriate to amplify
JCA, is, with all due respect, mere quibbling with words. It on the issue of jurisdiction of the courts. Jurisdiction is
seems to be a distinction without substratum. The critical fundamental to adjudication as it is the special cord of ! a
issue which was overlooked by the majority, is that the court of law, any decision taken by a court without :
provision was directed at a specific mischief, namely the jurisdiction is incompetent, and is subject to being
proliferation of inter-^nd intra union disputes in high courts nullified on appeal. The word jurisdiction means the
with the attendant disruptive effect on the trade union authority which a court has to decide matters before it or
movement and the workplace. to take cognisance of matters presented in formal
In Attorney General ofOyo State v Nigeria Labour Congress,134 the way for its decision ... The limits of the jurisdiction may
' be limited by statute.
plaintiff, through a writ of summons, sought, inter alia, some
injunctive and declaratory reliefs, to restrain the defendants he learned Justice of the Court of Appeal pointed out that le
from going on strike without first following the procedure seven declaratory and injunctive reliefs sought by the aintiff
laid down by the Trade Disputes Act; and to activate the no were outside the jurisdiction of the National Industrial ourt
work no pay provision, should they insist on the strike. At as provided by Section 20 of the Trade Disputes Act. lie High
the same time also, it filed a motion ex parte and a motion Court ought not to have declined jurisdiction since le orders
on notice asking for orders against the defendants to sought were within its jurisdiction, he said.135 The ourt
maintain the status quo pending the determination of the stated that the matter in issue was a trade dispute on le
matter before the court. The ex parte orders were granted.
The defendants raised a preliminary objection challenging See Western Steel Works v. Iron and Steel Workers Union [1987] 1 NWLR
the jurisdiction of the Oyo State High Court on the ground (Pt 49) 284, where the Supreme Court held that the NIC lacks jurisdiction
to make declaratory judgments. See Kanyip supra for his comments on this
134 [2004] 1 NLLR (Part 3) 591. and similar rulings by the courts.
authority of National Union of Road Transport Workers v gbodo,136 This was a bold and courageous pronouncement. There is no
and Western Steel Works Ltd v. Iron and Steel Workers nion of doubt that the lack of clarity as to the jurisdiction of the
Nigeria.137 As Judge Kanyip138 rightly pointed out, the feet NIC led to what may be termed a dual jurisprudence in the
was that even the interpretation of jurisdiction of the IC was resolution of labour disputes. Here, both the High Court and
suspect. The Court asked, rhetorically, how the court mid the NIC were generally held to have concurrent jurisdiction
interpret a document without making a declaration on le in the resolution of labour disputes.140 It is gratifying to
nature of rights emanating from it. note that this thorny and lingering issue has now been
finally resolved through the only means that has the power
le NIC worked round the challenge to its jurisdiction
to lay the controversy to rest - amendment of the relevant
through bold interpretation of its interpretative jurisdiction.
Sections of the Constitution of the Federal Republic of
For cample, in National Union of Civil Engineering Construction,
Nigeria, 1999.
Furniture and Wood Workers v Beton Bau Nigeria Limited and
Anor,139 the NIC, in its ruling, said that the decisions in Composition
Western Steel Works Ltd v Iron and Steel Workers Union of Nigeria, The other issue of fundamental importance was the composition
AG, Oyo State v NLC and Kalango v Dokubo, dealt with: of the Court. Under the 1976 Act, the President was required
the question whether in trade disputes this court has to preside over every sitting, whether a full court, or a three
the power to make declarations or order injunctions. member court. This provision was a clog in the smooth flow
The issue before the court in these cases was not in of the activities of the Court. The Court could not sit anytime
respect of the interpretation of any of the documents the
listed under sections 14, 15 and 20 of the TDA. This resident was away for any reason. For example, the Court
distinction must be made.... This court is a superior id not sit for more than one year between 2002 and 2003,
court of record with specific statutory power to when sitting President died. The limited membership was
interpret certain documents, including collective also an ssue. The membership was also grossly
agreements. The power to interpret a collective insufficient for the olume of cases that the Court had to
agreement approximates to the power to declare as to handle across the federation. The mode of appointment of
the nature of rights, privileges and obligations the members of the ourt was equally an issue.Other than
existing under the collective agreement. the President, members f the Court were appointed by
the Minister of Employment, abour and Productivity.
This, together with appointment of on-lawyers as
members of the court, created a problem of cceptance by
(1998) 2 NWLR (Pt 537) 189 at 191; see also New Nigeria Bank Pic. the judiciary. These issues have now been ddressed by the
&Anor v A.M. Osoh & 4 Ors (2001) 13 NWLR (Pt. 729) 232.
National Industrial Court Act 2006.
[1987] 1 NWLR (Pt. 49) 284.
The National Industrial Court: Current Dispensation in the Resolution of
Labour Disputes. Paper delivered at the Refresher Course for Judges and
Kadis Organised by the National Judicial Institute (NJI), Abuja, 12-16
March, 2007. 140 Kanyip, supra. This issue will be discussed in more detail later in this
139 Suit No. NIC/8/2002 of February 6, 2007. chapter.
he National Industrial Court Act, 2006141 one- third of the Judges so appointed shall satisfy
ection 53 (1) of the National Industrial Court Act, 2006 the requirements of the provisions of Sub-section (4)
(NICA), rovides: Part II of the Trade Disputes Act is of Section 2 of this Act.
hereby repealed. ther provisions of the Trade Disputes
Section 2 provides for the appointment of the President and
Act are to be construed ith necessary modifications as
the Judges of the Court.
may be required to bring it nto conformity with provisions
(1) The President of the Court shall be appointed by the
of the NIC Act.142 Any consistency between the two Acts
President, on the recommendation of the National
is to be resolved in favour f the NIC Act.143 This provision
Judicial Council, subject to confirmation by the Senate.
is obviously intended to prevent he type of confusion that
(2) The appointment of a person to the office of a judge of
trailed relationship between the urisdiction of the IAP
and the NIC under the 1976 Act, under he Trade the Court shall be made by the President on the
Disputes (Amendment) Act, 1992. The NIC has at very recommendation of the National Judicial Council.
opportunity redirected the attention of parties to a trade (3) A person shall not be eligible to hold office of the
President of the Court unless the person is qualified to
ispute to the fact that the dispute settlement procedures
in art I of the Trade Disputes Act are still mandatory. practice as a legal practitioner in Nigeria and has been
This has elped to prevent what was beginning to look like so qualified for a period of not less than ten years and
forum hopping by parties hoping to bypass the processes has considerable knowledge and experience in the law
in Part I of e Trade Disputes Act. and practise of industrial relations and employment
Composition of the Court and Appointment of Judges conditions in Nigeria.
Section 1 provides: (4) A person shall not be eligible to hold office of a judge of
the Court unless -
(1) There is established a court to be known as the
(a) the person is a legal practitioner in Nigeria and has
National Industrial Court. been so qualified for a period of not less than ten
(2) The Court shall consist of- years and has considerable knowledge and
(a) the President of the Court who shall have overall experience in the law and practice of industrial
control and supervision of the administration of relations and employment conditions in Nigeria; or
the Court; and (a) the person is a graduate of a recognised university of
(b) not less than twelve Judges. not less than ten years standing and has
Provided that in appointing Judges for the Court, considerable knowledge and experience in the law
and practice of industrial relations and employment
conditions in Nigeria.
This is a landmark legislation passed by a democratically elected
National Assembly after the normal legislative process, including a tatus
public hearing where stakeholders, including the Supreme Court, were
represented. It enjoyed the widest consultations and contributions from
ection 1 (3) provides:
the academia, the Bar, the Bench, trade unions and institutions. The Court shall-
Subsection (2).
Section 53 (3).
(a) be a superior court of record;
(b) except as may be otherwise provided by any (iii) any award or judgment of the Court.
enactment or law, have all the powers of a High
Court. Sub-section (2) of the same Section gives the National
Assembly discretion to confer such additional jurisdiction
he pertinent question here is whether this provision, by a
on the Court in respect of such other causes or matters
uly elected National Assembly, cured the defect which
incidental, supplementary or related to those set out in Sub-
the ade Disputes (Amendment) Act, 1992 could not, a
section (1)... The National Assembly may also, by an Act,
defect of onstitutional making. The status of the NIC has
prescribe that any matter under Sub-section (1) (a) of
been one of
1 e three fundamental issues that affected the efficacy of
Section 7 may go through the process of conciliation or
arbitration before such is heard by the Court, regardless of
the ourt in the years before the passage of the 2006 Act.
anything to the contrary in this or any other enactment or
urisdiction and Law law.144 Indeed, the NIC has consistently held that it is wrong
urisdiction of the Court is another fundamental issue. for claimants to approach the Court as a court of first
instance without recourse to the processes of mediation,
ection 7(1) provides: conciliation and arbitration as stipulated in Part 1 of the
e Court shall have and exercise exclusive jurisdiction in Trade Disputes Act. The Court believes that this is in
civil uses and matters- consonance with the spirit and intendment of Section 7
) relating toft) labour, including trade union and (3).145 Section 7 (6) is an innovation and a reflection of
industrial relations; and awareness of the need to conform to international standards.
(ii) environment and conditions of work, health, safety It provides-
and welfare of labour and matters incidental The Court shall, in exercising its jurisdiction or any of
thereto; and the powers conferred upon it by this Act or any other
(iii) any collective agreement,
) relating to the grant of any order to restrain any person (iv) any award made by an arbitral tribunal
or body from taking part in any strike, lock-out or any in respect of a labour dispute, or an
industrial action, or any conduct in contemplation or in organisational dispute,
furtherance of a strike, lock-out or any industrial action; (iv) the terms of settlement of any labour
) relating to the determination of any question as to the
interpretation of- 144 Section 7 (3).
(i) any collective agreement, 145 Anthony Adekunle Oyekanmi & 5 Others (for themselves and on
(ii) any award made by an arbitral tribunal in respect of behalf of all other members of the National Association of
a labour dispute, or an organisational dispute, Telecommunication Empolyees) v. Nigerian Telecommunications
(i) the terms of settlement of any labour dispute, Ltd and Bureau of Public Enterprises unreported Suit No.
organisational as may be recorded in any NIC/7/2008 of July 15,2008 (Ruling); cp Godwin Toswani v. Chief
memorandum of settlement, Agency and Shipping Nig. Ltd unreported Suit No. NIC/ 18l2006of
(ii) any trade union constitution, and June 142007; cf. ChibuzorNanwu & Ors v. Willbros (Nig.) Ltd &
Ors unreported Suit No. NIC11612006 of March 11 2008.
dispute, organisational as may be innovation and a reflection of awareness of

recorded in any memorandum of the need to conform to international
settlement, standards. It provides-
(v) any trade union constitution, and The Court shall, in exercising its
(vi) any award or judgment of the Court. jurisdiction or any of
the powers conferred upon it by this Act
Sub-section (2) of the same Section gives the or any other
National Assembly discretion to confer such (v) any collective agreement,
additional jurisdiction on the Court in (vi) any award made by an arbitral tribunal
respect of such other causes or matters in respect of a labour dispute, or an
incidental, supplementary or related to those organisational dispute,
set out in Sub-section (1)... The National (vii) the terms of settlement of any labour
Assembly may also, by an Act, prescribe that dispute, organisational as may be
any matter under Sub-section (1) (a) of recorded in any memorandum of
Section 7 may go through the process of settlement,
conciliation or arbitration before such is (viii) any trade union constitution, and
heard by the Court, regardless of anything to (ix) any award or judgment of the Court.
the contrary in this or any other enactment
or law.146 Indeed, the NIC has consistently Sub-section (2) of the same Section gives the
held that it is wrong for claimants to National Assembly discretion to confer such
approach the Court as a court of first additional jurisdiction on the Court in
instance without recourse to the processes of respect of such other causes or matters
mediation, conciliation and arbitration as incidental, supplementary or related to those
stipulated in Part 1 of the Trade Disputes set out in Sub-section (1)... The National
Act. The Court believes that this is in Assembly may also, by an Act, prescribe that
consonance with the spirit and intendment of any matter under Sub-section (1) (a) of
Section 7 (3).147 Section 7 (6) is an Section 7 may go through the process of
conciliation or arbitration before such is
146 Section 7 (3).
heard by the Court, regardless of anything to
147 Anthony Adekunle Oyekanmi & 5 Others (for themselves and on
the contrary in this or any other enactment
behalf of all other members of the National Association of or law.148 Indeed, the NIC has consistently
Telecommunication Empolyees) v. Nigerian Telecommunications held that it is wrong for claimants to
Ltd and Bureau of Public Enterprises unreported Suit No. approach the Court as a court of first
NIC/7/2008 of July 15,2008 (Ruling); cp Godwin Toswani v. Chief instance without recourse to the processes of
Agency and Shipping Nig. Ltd unreported Suit No. NIC/ 18l2006of mediation, conciliation and arbitration as
June 142007; cf. ChibuzorNanwu & Ors v. Willbros (Nig.) Ltd &
Ors unreported Suit No. NIC11612006 of March 11 2008. 148 Section 7 (3).
stipulated in Part 1 of the Trade Disputes Practice and Procedure

Act. The Court believes that this is in The jurisdiction of the NIC is to be exercised in accordance
consonance with the spirit and intendment of with its own practice and procedure.151 The National
Section 7 (3).149 Section 7 (6) is an Industrial Court Rules, 2007 made pursuant to section 36 of
innovation and a reflection of awareness of the NIC Act, governs the practice and proceedings of the
the need to conform to international Court. The Court has power to regulate its own
\
standards. It provides- proceedings as it deems fit; however, it is bound by
The Court shall, in exercising its the Evidence Act, but it may depart from it in the interest of
jurisdiction or any of justice.152 One significant demonstration of the Courts
the powers conferred upon it by this Act uniqueness is to be found in Order 3 r. 1, which provides
or any other that any action for determination shall be commenced by
Section 10 gives the Court power to enforce its judgment. way of complaint. This is a one-stop shop that is designed
This includes power to commit for contempt of the Court. to serve the various purposes that different writs
Section %
normally serve. The question of technical justice
11 seems to have put paid to the controversy pertaining to is therefore rendered irrelevant.
the exclusive jurisdiction of the Court vis-a-vis the inherent Section 13 provides that law and equity shall be
jurisdiction of high courts. It provides: administered by the Court concurrently in every civil cause
(1) In so far as jurisdiction is conferred upon the or matter commenced in the Court. Under Section 14, the
Court in respect of the causes or matters mentioned Court has power to grant absolute or partial remedies as it
in the foregoing provisions of this Part of this Act, the deems fit, and as the justice of the case may demand. The
Federal High Court, the High Court of a State, the aim is to avoid multiplicity of actions. Subject to the
High Court of the Federal Capital Territory, Abuja or express provisions of any other enactment, and in all
any other court shall, to the extent that exclusive matters not particularly mentioned in this Act, where
jurisdiction is so conferred upon the Court, cease to there is a conflict between rules of equity and rules of
have jurisdiction in relation to such causes and common law, rules of equity will prevail.153 Section 16
matters150 gives the Court power to grant injunctions as it deems fit,
while Section
17 stipulates that the Court may grant orders of
149 Anthony Adekunle Oyekanmi & 5 Others (for themselves and on mandamus, prohibition and certiorari even against an
behalf of all other members of the National Association of
Telecommunication Empolyees) v. Nigerian Telecommunications Section 7 (1). Section 11 (2) preserves the power of these courts to conclude
Ltd and Bureau of Public Enterprises unreported Suit No. matters before them at the commencement of the Act in 2007; such matters
NIC/7/2008 of July 15,2008 (Ruling); cp Godwin Toswani v. Chief must have been concluded or abated, since the courts were given one year
Agency and Shipping Nig. Ltd unreported Suit No. NIC/ 18l2006of within which to conclude them.
June 142007; cf. ChibuzorNanwu & Ors v. Willbros (Nig.) Ltd & 151 Section 12 (1).
Ors unreported Suit No. NIC11612006 of March 11 2008. 152 Section 12(2).
150 The matters within the exclusive jurisdiction of the Court are spelt out in 153 Section 15.
officer or authority of the frederal, state or local and

government as such.154 (d) an alleged dispute.
Inter- and Intra-Union Disputes
t is contended that inter- and intra-union disputes do not
Sections 18 and 19 are directed at intra-union disputes. irdinarily fit into the definitions of trade dispute in both
Section Section 48 of the Trade Disputes Act and Section 54 (1) (a) -
18 provides that a restraining order may be granted (c) espectively. Therefore, the decision of the Court in
against any person acting in an office in which he is not AUPCTRE FCDA,156 and Association of Senior Staff of Banks,
entitled to act. Under Section 19, the Court has power to Insurance nd Financial Institutions (ASSIBIFI) v. Union Bank of
make any appropriate order, including the grant of urgent Nigeria He and Ors,157 that inter- and intra-union disputes are
interim reliefs; a declaratory order; the appointment of a trade isputes which must go through Part 1 processes as
public trustee for the management of the affairs and provided by he Trade Disputes Act would be said to be
finances of a trade union or employers organisation incorrect. The word notwithstanding in Section 7 (3) as
involved in any organisational dispute; and award of interpreted by the Court uggests an imperative. But it is not
compensation or damages in any circumstance so; it merely opens the door a the unlimited discretion which
contemplated by the Act or any Act of the National the National Assembly has to irect how a matter should
Assembly dealing with any matter that the Court has proceed. The relevant provision rhich supports the Courts
jurisdiction to hear; and an order of compliance with any insistence that inter- and intra-union isputes are trade
provision of any Act of the National Assembly dealing with disputes, is paragraph (d) of Section 54 which efines a trade
any matter that the Court has jurisdiction to hear.155 dispute to include an alleged dispute. This iterpretation is
It is pertinent here to revisit the issue of the jurisdiction of based on the reading together of the definition f
the Court in inter- and intra-union matters. Is it a trade organisation in the same Section with the definition of
dispute? Or is organisational dispute different from a trade ispute as any dispute between employers and
trade dispute? employees, icluding disputes between their respective organisations
'he answer is to be sourced from Section 54 of the NIC Act. and sderations158 which is connected with.
lere, trade dispute is defined as- The NIC has ruled on the nature of its jurisdiction in
Any dispute between employers and employees, including respect of inter- and intra-union disputes in a number of
disputes between their respective organisations and cases that came before it.159 In Association of Senior Staff of
federations which is connected with-
(a) the employment or non-employment of any person, Unreported Suit No. NIC 11712006 of May 23 2007.
(b) terms of employment and physical conditions of work Unreported Suit No. NIC11112007.
1 of any person, Italicised for emphasis.
(c) the conclusion or variation of a collective agreement, See, for example, Senior Staff Association of Statutory
Corporations and Government Owned Companies, Nigerian
Ports Authority Branch and Others v Senior Staff Association of
154 Section 17(2). Statutory Corporations and Government-Owned Companies,
155 Section 19 (a) -(e). unreported Suit No. NIC/8A/2001 decided July3,2001; Maritime
Banks, Insurance and Financial Institutions (ASSBIFI) v. Union signing into aw of the Constitution of the Federal
Bank of Nigeria Pic and Ors,4* the Court visited the issue yet Republic of Nigeria (Third Alteration) Act, 2010. Section
again. The Court said: 254C (3) empowers the NIC to' istablish an Alternative
The question therefore remains, whether under the Dispute Resolution Centre within the 2ourt premises on
NIC Act an intra-union dispute falls within the matters in which jurisdiction is conferred m the Court by
original jurisdiction of the NIC. Section 7 (1) (a) of this Constitution or any Act or Law. This is in ddition to
the NIC Act, in giving a wide jurisdiction to this the Courts appellate and supervisory jurisdiction ver an
court in matters relating to labour, trade unions, arbitral tribunal or commission, administrative tribunal
industrial relations and matters incidental thereto, r board of enquiry.
among other matters, can be said to have given a Sitting and Distribution of Business
wide jurisdiction in respect of enumerated matters. lie jurisdiction of the NIC covers the entire federation.
But Section 7 (1) (a) must be read subject to Section 7 This bviously puts the Court at par with the Federal
(3) which provides as follows- High Court, lection 21 gives the President of the Court
Notwithstanding anything to the contrary in this Act power to divide the 'ederation into such Judicial
or any other enactment or law, the National Divisions as the President may, rom time to time, by
Assembly may by an Act prescribe that any matter Instrument published in the Federal Hazette decide.
under Section (1) Currently, the Court has the following Judicial )ivisions:
(a) of this Section may go through the process of Abuja Judicial Division (the Headquarters), Lagos
reconciliation or arbitration before such matter is udicial Division, Kano Judicial Division, Enugu Judicial
heard by the Court. )ivision, Jos Judicial Division, Maiduguri Judicial
Section 20 empowers the Court to promote reconciliation Division, jadan Judicial Division and Calabar Judicial
among the parties and encourage and facilitate the Division.160 The !ourt may sit in any Judicial Division as
amicable settlement of the matter in dispute. This the President may irect, and he may also direct a
envisages an i industrial court system where the Court number of Judges to sit in any udicial Division.161 This
would decide as a | matter of discretion the appropriate has made access to the Court by parties lot easier and
process to recommend for faster.
i holistic and amicable settlement of a matter brought he minimum number of Judges to sit at any one time is
before t. Indeed, that day appears to have come with the three, owever, the President may assign a single Judge
to sit and ear interlocutory applications or a preliminary
Workers Union of Nigeria & Ors. vNLC & Ors [2005] 4 NLLR matter in any roceedings brought before or pending in
(Part 10)270; Performing Musicians Employers Association of
Nigeria and Ors v Ferni Lasode and Or s.unreported Suit No.
NIC/ 16M/2003 decided July 8.2005; National Union of Hotels and
Personal Services Workers v National Union of Food, Beverage This is a great leap from the position before 2003 when the Court sat
and Tobacco Employees and Anor. [2004] 1 NLLR (Pt. 2) 286. only in Lagos.
unreported Suit No. NIC/11/2007 decided January 24, 2008 Section 21 (2).
the Court.162 The Constitution of the Federal

One of the fundamental changes made by the Act is that the
Court need not suspend sitting whenever the President is Republic of Nigeria (Third
absent for whatever reason. Under the TDA, the President Alteration) Act, 2010
must preside over every sitting. Now, the President has the
power to distribute business amongst the Judges and may
T
assign any Judicial function to any Judge or Judges or in HE Federal Republic of Nigeria Official Gazette No.
respect of a particular cause or matter in a Judicial Division 20 of 7th March, 2011, Vol. 98 (See Appendix I, page
provided that the Presiding Judge shall be appointed under 346)was published when this text was about to go to
Sub-section press. Rather ;han embedding it into various sections of
(1) or (4) of Section 2 of this Act. In other words, the person this text where the urisdiction and status of the
appointed as a Presiding Judge must be a legal practitioner National Industrial Court were iiscussed, it was thought
as prescribed by relevant provisions of the Act. that it would be better to devote a separate section to it
as a fitting milestone to the history of the National
The jurisdiction of the NIC is both original and appellate. Industrial Court. The Act (No.3) of 2010, described as
Matters listed in Sub-section (1) fall within the original An Act to alter the Constitution of the Federal Republic
jurisdiction of the Court, while Section 7 (4) provides for a of Nigeria Cap. 23, Laws of the Federation of Nigeria,
right of appeal from the decision of arbitral tribunal to the 2004 for ;he establishment of the National Industrial
court in accordance with the provisions of the section. The Court under the Constitution took effect from March 4,
issue relating to the original jurisdiction of the NIC in inter- 2011. It contains the following highlights: Section 6 (5),
and intra-union disputes has been settled by the Court of the Constitution has been unended to include the
itself. In Association of Senior staff of Banks, Insurance and National Industrial Court as a Superior Court of
Financial Institutions (ASSBIFI) v. Union Bank of Nigeria Pic. and Record.1 This clearly lays to rest all the controversy
Ors,163 the NIC used Section 7(3) of the 2006 Act to declare elating to the status of the court. The pronouncement of
that its jurisdiction is appellate and not original. In doing the Supreme Court decision that only a constitutional
so, it relied on the Supreme Court interpretation of the word amendment an cure any perceived defect in the status of
notwithstanding in Section 251(1) of the 1999 Constitution the NIC has been ippropriately answered. This is good
in the case of Peter Obi v INEC and Ors. It is argued that the for the development of abour law and industrial
NIC could easily have assumed original jurisdiction in inter- relations in Nigeria.
and intra-union cases, by interpreting these disputes as sui
juris trade disputes, in respect of which Part 1 of the Trade
DKputes Act must apply.
Chapter 19 Section 2 of the Constitution of the Federal Republic of Nigeria (Third
Alteration) Act, 2011 inserts a new paragraph (cc) after Section 6 (5)
(c) of the Principal Act.
One of the fundamental changes made by the Act is that the
Section 21(5). Court need not suspend sitting whenever the President is
163 Suit No. NIC /1112007 of January 24, 2008 unreported.
absent for whatever reason. Under the TDA, the President The Constitution of the Federal
must preside over every sitting. Now, the President has the
power to distribute business amongst the Judges and may Republic of Nigeria (Third Alteration)
assign any Judicial function to any Judge or Judges or in Act, 2010
respect of a particular cause or matter in a Judicial Division
provided that the Presiding Judge shall be appointed under
Sub-section HE Federal Republic of Nigeria Official Gazette No. 20
(1) or (4) of Section 2 of this Act. In other words, the person of 7th March, 2011, Vol. 98 (See Appendix I, page 346)was
appointed as a Presiding Judge must be a legal practitioner published when this text was about to go to press. Rather
as prescribed by relevant provisions of the Act. han embedding it into various sections of this text where
the urisdiction and status of the National Industrial Court
The jurisdiction of the NIC is both original and appellate. were iscussed, it was thought that it would be better to
Matters listed in Sub-section (1) fall within the original devote a eparate section to it as a fitting milestone to the
jurisdiction of the Court, while Section 7 (4) provides for a history of the ational Industrial Court. The Act (No.3) of
right of appeal from the decision of arbitral tribunal to the 2010, described as An Act to alter the Constitution of the
court in accordance with the provisions of the section. The Federal Republic of igeria Cap. 23, Laws of the Federation
issue relating to the original jurisdiction of the NIC in inter- of Nigeria, 2004 for he establishment of the National
and intra-union disputes has been settled by the Court Industrial Court under the onstitution took effect from
itself. In Association of Senior staff of Banks, Insurance and March 4, 2011. It contains the ollowing highlights: Section 6
Financial Institutions (ASSBIFI) v. Union Bank of Nigeria Pic. and (5), of the Constitution has been mended to include the
Ors,164 the NIC used Section 7(3) of the 2006 Act to declare National Industrial Court as a Superior ourt of Record.1
that its jurisdiction is appellate and not original. In doing This clearly lays to rest all the controversy lating to the
so, it relied on the Supreme Court interpretation of the word status of the court. The pronouncement of the upreme
notwithstanding in Section 251(1) of the 1999 Constitution Court decision that only a constitutional amendment an
in the case of Peter Obi v INEC and Ors. It is argued that the cure any perceived defect in the status of the NIC has been
NIC could easily have assumed original jurisdiction in inter- ppropriately answered. This is good for the development of
and intra-union cases, by interpreting these disputes as sui ibour law and industrial relations in Nigeria.
juris trade disputes, in respect of which Part 1 of the Trade
Deputes Act must apply.
Chapter 19
Section 2 of the Constitution of the Federal Republic of Nigeria (Third

Alteration) Act, 2011 inserts a new paragraph (cc) after Section 6 (5) (c) of the
Principal Act.
One of the fundamental changes made by the Act to declare that its jurisdiction is
Act is that the Court need not suspend appellate and not original. In doing so, it
sitting relied on the Supreme Court interpretation
48 Suit No. NI C / 1 1 /2007 of January 24,2008
whenever of the word notwithstanding in Section
unreported.
the 251(1) of the 1999 Constitution in the case
President is absent for whatever reason. of Peter Obi v INEC and Ors. It is argued that the
Under the TDA, the President must preside NIC could easily have assumed original
over every sitting. Now, the President has jurisdiction in inter- and intra-union
the power to distribute business amongst the cases, by interpreting these disputes as sui
Judges and may assign any Judicial function juris trade disputes, in respect of which Part
to any Judge or Judges or in respect of a 1 of the Trade Deputes Act must apply.
particular cause or matter in a Judicial Chapter 19
Division provided that the Presiding Judge
shall be appointed under Sub-section
The Constitution of the Federal
(2) or (4) of Section 2 of this Act. In other
words, the person appointed as a Presiding Republic of Nigeria (Third Alteration)
Judge must be a legal practitioner as
Act, 2010
prescribed by relevant provisions of the
Act.
HE Federal Republic of Nigeria Official
The jurisdiction of the NIC is both original Gazette No. 20 of 7th March, 2011, Vol. 98
and appellate. Matters listed in Sub-section (See Appendix I, page 346)was published when
(1) fall within the original jurisdiction of this text was about to go to press. Rather
the Court, while Section 7 (4) provides for han embedding it into various sections of
a right of appeal from the decision of this text where the urisdiction and status
arbitral tribunal to the court in accordance of the National Industrial Court were
with the provisions of the section. The iscussed, it was thought that it would be
issue relating to the original jurisdiction better to devote a eparate section to it as
of the NIC in inter- and intra-union a fitting milestone to the history of the
disputes has been settled by the Court ational Industrial Court. The Act (No.3) of
itself. In Association of Senior staff of Banks, Insurance and 2010, described as An Act to alter the
Financial Institutions (ASSBIFI) v. Union Bank of Nigeria Pic. and
Constitution of the Federal Republic of
Ors,165 the NIC used Section 7(3) of the 2006
igeria Cap. 23, Laws of the Federation of
Nigeria, 2004 for he establishment of the
Section 2 of the Constitution of the Federal Republic of Nigeria (Third National Industrial Court under the
Alteration) Act, 2011 inserts a new paragraph (cc) after Section 6 (5) (c) of the onstitution took effect from March 4, 2011.
Principal Act.
It contains the ollowing highlights: Section of the upreme Court decision that only a
6 (5), of the Constitution has been mended constitutional amendment an cure any
to include the National Industrial Court as perceived defect in the status of the NIC
a Superior ourt of Record.1 This clearly has been ppropriately answered. This is good
lays to rest all the controversy lating to for the development of ibour law and
the status of the court. The pronouncement industrial relations in Nigeria.
(a) Such other Judges of the National Industrial Court as
may be prescribed by an Act of the National Assembly.
48Suit No. NI C / 1 1 /2007 of January 24,2008 The provisions on appointment of both
unreported. the President of the Court and the
Judges are as contained in the National Industrial Court Act,
2006. There is however one fundamental variation. It is now
constitutionally clear that only qualified legal practitioners
with considerable knowledge and experience in the law and
practice of industrial relations and employment conditions in
Nigeria can be appointed as judges of the Court. The Trade
Disputes Act and the National Industrial Court Act, 2006,
made provisions for the appointment of non-lawyers as Judges
of the Court. This has always been a sore point which those
against the repositioning of the NIC as a court of superior
record used to support their argument.
Jurisdiction
The new Section 254C has laid to final rest, the argument in
favour of the inherent jurisdiction of the high courts which
cannot be abrogated by a mere act of the National Assembly.
Indeed, it has gone beyond the provisions expectations, and it
is good for an even and coherent development of law of labour
relations in line with global trends. Section 254C (1) (f), (g),
((h), (i) and Section 254C (2), deserve special mention. These
provisions raise the hope and expectation that technical and
literal modes of interpretation will not be used to defeat the
spirit and intendment of international conventions, treaties
and protocols which Nigeria has ratified, by insisting that
each of those instruments must be domesticated under Section
12 of the Constitution. The National Industrial Court has
been given a golden opportunity to inject new life capable of
growth into our labour and industrial relations laws and
practice. This development should also help in developing a
new crop of lawyers for the bar and bench who are
knowledgeable and teachable in the organic world of work.
Below are some of the provisions:
268
(1) Notwithstanding the provisions of Sections 251, 257,
and 272 and anything contained in this
Constitution and in addition to such other
jurisdiction as may be
conferred upon it by an Act of the National Assembly,
the National Industrial Court shall have and exercise
jurisdiction to the exclusion of any other court in civil
causes and matters-
(a) relating to, or connected with any labour, employment,
trade unions, industrial relations and matters arising
from workplace, the conditions of service, including
health, safety, welfare of labour, employee, worker and
matters incidental thereto or connected therewith;
(b) relating to, connected with, or arising from Factories
Act, Trade, Disputes Act, Trade Unions Act, Labour Act,
Employees Compensation Act or any other Act or Law
relating to labour, employment, industrial relations,
workplace or any other enactment replacing the Acts or
Laws;
(c) relating to, or connected with, the grant of any order
restraining any person or body from taking part in any
strike, or lock-out or any industrial action, or any
conduct in contemplation or in furtherance of a strike,
lock- out or any industrial action and matters connected
therewith or related thereto;
(d) relating to, or connected with, any dispute over the
interpretation and application of the provisions of
Chapter IV of this Constitution as it relates to
employment, labour, industrial relations, trade
unionism, employers association or any other matter
which the Court has jurisdiction to hear or determine;
(e) relating to, or connected with, any dispute arising from
national minimum wage for the Federation or any part
thereof and matters connected therewith or arising
therefrom;
269
(f) relating to, or connected with, unfair labour practice or
international best practices in labour, employment and
industrial relations matters;
(g) relating to, or connected with, any dispute arising
from discrimination or sexual harassment at
workplace;
(h) relating to, connected with or pertaining to the
application or interpretation of international labour
standards;
(i) connected with or related to child labour, child
abuse, human trafficking or any matter connected
therewith or related thereto.
Paragraph (j) of the same section covers all questions
relating to collective labour relations as contained in the
National Industrial Court Act, 2006, and much more.2
For example, matters relating to trade union
constitution, constitution of employers association, or
any association relating to employment, labour,
industrial relations or workplace; and disputes relating
to or connected with any personnel matters arising from
any free trade zone in the entire Federation are within
the exclusive jurisdiction of the National Industrial
Court. It is equally interesting that all matters
concerning salaries, wages and emoluments of
employees, workers in all sectors, including political
office holders must go to the NIC.
Criminal Jurisdiction
Section 254C (5) confers criminal jurisdiction and powers on
the ÎC in criminal causes and matters arising from any cause
or natter of which the Court has jurisdiction either by this
section >r by any other Act of the National Assembly or by
any other aw. An appeal shall lie to the Court of Appeal as of
right in espect of the criminal jurisdiction of the Court.3 The
provisions if the Criminal Code, Penal Code, Criminal
Procedure Act, Criminal Procedure Code, or Evidence Act
270
shall apply for the lurpose of the exercise of the Courts
criminal jurisdiction.4 The
Paragraph (j) (i) - (vii).

Section 254C (6). Section
254F (2).
conferred upon it by an Act of the National Assembly,
the National Industrial Court shall have and exercise
jurisdiction to the exclusion of any other court in civil
causes and matters-
(a) relating to, or connected with any labour, employment,
trade unions, industrial relations and matters arising
from workplace, the conditions of service, including
health, safety, welfare of labour, employee, worker and
matters incidental thereto or connected therewith;
(b) relating to, connected with, or arising from Factories
Act, Trade, Disputes Act, Trade Unions Act, Labour Act,
Employees Compensation Act or any other Act or Law
relating to labour, employment, industrial relations,
workplace or any other enactment replacing the Acts or
Laws;
(c) relating to, or connected with, the grant of any order
restraining any person or body from taking part in any
strike, or lock-out or any industrial action, or any
conduct in contemplation or in furtherance of a strike,
lock- out or any industrial action and matters connected
therewith or related thereto;
(d) relating to, or connected with, any dispute over the
interpretation and application of the provisions of
Chapter IV of this Constitution as it relates to
employment, labour, industrial relations, trade
unionism, employers association or any other matter
which the Court has jurisdiction to hear or determine;
(e) relating to, or connected with, any dispute arising from
271
national minimum wage for the Federation or any part
thereof and matters connected therewith or arising
therefrom;
(f) relating to, or connected with, unfair labour practice or
international best practices in labour, employment and
industrial relations matters;
! (g) relating to, or connecfescl wiii, any dispute arising
from discrimination or sea JR! harassment at
workplace;
(h) relating to, conned d villi or pertaining to the
application or interpr~etatbc of international labour
standards;
(i) connected with or relatd to child labour, child abuse,
human traffic kingcT any matter connected
therewith or relatec thenl-:
Paragraph (j) of the sane sertioc covers all questions
relating to collective labour rektkms as contained in the
National Industrial Cour Act, !CKJ6- and much more.2
For example, matters relatii_g to track union
constitution, constitution of employer^ a.sscdatLc*n. or
any association relating to employment. labour,
industrial relations or | workplace; and disputes
relating' to or connected with ! any personnel matters
arnsing Eraa any free trade zone in the entire
Federate**! aie -within the exclusive jurisdiction of the
National Industrial Court. It is equally interesting that
all matoexs ncemixLg salaries, wages and emoluments of
employees, workers in all sectors, including political
office Isoldes must go to the NIC.
Criminal Jurisdiction
Section 254C (5) confers criixxEialjiriadd ctioii and powers on
the MC in criminal causes and^mattcrs arising- from any
cause or natter of which the Court IIL^S jurs-dicticii either by
this section >r by any other Act of the atioial Assembly or by
272
any other aw. An appeal shall lie to time Court of Appeal as of
right in espect of the criminal jurisdiction o f tbe Court.3 The
provisions if the Criminal Code, Pemul Cole-, Criminal
Procedure Act, Criminal Procedure Code, cr- Evilence Act
shall apply for the turpose of the exercise of th^ Court's
crimmal jurisdiction.4 The
Paragraph (j) (i) - (vii).

Section 254C (6).
Section 254F (2).
Court can now commit for contempt and even imprisonment,
as the case may be. It is an enormous responsibility.
Saving Provision
Section 12 inserts a new subsection (5) to Section 316 of the
Constitution which preserves the National Industrial Court
Act 2006 and any office or authority established and charged
with any function under the Act as having been duly
established. Such offices or authority shall continue to be
charged with such function by virtue of this Constitution or in
accordance with the provision of a law made thereunder.
Summary
The regime of settlement of trade disputes under the Trade
Disputes Act, as all aspects of individual labour disputes now
operate subject to the National Industrial Court Act 2006, the
Employees Compensation Act 2010 and the Constitution of
the Federal Republic of Nigeria (Third Alteration) Act 2010. It
now looks like a one-stop employment and labour relations
system in Nigeria. It is a good thing. Employment law and
industrial relations matters should be left to those who are
specially trained to handle them.
It is pertinent to comment on Section 7(4) of the 2006 Act
which provides that in exercising its jurisdiction or any
powers conferred upon it by its Act or any other enactment or
law, the Court is to consider good or international best
273
practice in labour or industrial relations. What amounts to
good or international best practice is a question of fact. This is
one of the transformational provisions of the Act. The Court
has not hesitated to use it~iiran appropriate case, particularly
in the area of termination of employment. In the PENGASSANs
case, the Court said that it is no longer fashionable in
industrial relations law and practice to terminate an
employment relationship without adducing any valid reason for
such termination. Not only should the reason be valid, the
aggrieved worker must be given fair hearing. This
pronouncement is in contrast to the common law principle
that an employer has the
right to hire and fire at will. The constitutional amendment
seals the position of the Court. From now on, the law will be
as pronounced by the NIC.
Another area is that of remedy for wrongful termination.
Reinstatement as a remedy is not available to aggrieved
workers except those under statutory employment. The
National Industrial Court has taken the relief a stage
further by making termination or dismissal for trade union
activities a ground for reinstatement. This again is an^
example of application of international best practice in
support of freedom of association. The learned Court should
now harmonise the standard between public and private
sectors even beyond its present stand.
The National Industrial Court and Development of Labour Law
It is ones candid opinion that the National Industrial Court

has had a good crop of judges, whether legal practitioners or
not, who understood the role and purpose of the Court but
perhaps were constrained legally and attitudinally from
being proactive. . If the legal and judicial communities had
given the Court the recognition it deserved from inception,
labour law and industrial relations in Nigeria would have
witnessed, before now, the type of transformational shift
that Shitta-Bey v Federal Public Service Commission; and Olaniyan
274
v University of Lagos brought to public sector employment
relations from 1981. The National Industrial Court has
justified its special status and therefore deserves all the
encouragement and enabling legal environment to continue
to fulfil its essential mandate in repositioning Nigerias
labour law and industrial relation in a globalised and
changing world of work.
The Constitution of the Federal Republic of Nigeria (Third
Alteration) Act 2010 is indeed a comprehensive piece of
legislation which has not only repositioned the National
Industrial Court but has, in effect, established an industrial
court system for the country. It is a good development.
275

Trade Unions: The Right To Form or Belong To A Trade Union 281

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The Right to Form or Belong to a Trade Union 281

Chapter 13 Trade Unions

History and Structure

T RADE unionism in Nigeria23 has come a long way sin

1970s d structural and jurisdictional problems.24

Industrial Relations in Nigeria, p. 54.This problem arose from the

Federation of Trade Unions

common front in matters affecting the economic interests of

The Right to Form or

Cap. T14 LFN, 2004.

(1) Any person who is otherwise eligible for

Freedom of Association and Protection of the Right to Organise

Osogbo v National Ion of Road Transport Workers

32 CA/1/161/98 delivered 11th December, 2006.

Trade Union Formation

The ILO Committee of Experts on Application of Conventions and

trade union where, in his opinion, there was already in

See footnote 580.

check the proliferation of trade unions, which is

decent work agenda. The need therefore is to strike a

;he holding of such office in the trade union will lead to a

Limited (AllCO),30 e National Industrial Court said that

Digest of Judgments of National Industrial Court [1978 - 2006] 306.

spots in rnmental control of workers exercise of their right

join trade unions of their choice. Whilst members of the

consultation, violated established freedom of association principles on

Direct Request concerning Convention No. 87, Freedom of Association and

NIC dealt with was whether a branch union must be formed in

E.E. Uvieghara, Trade Union Law in Nigeria, Ethiope Publishing, (1976.

mean it has express legal personality. If it has, it ig restricted

appointed to represent workers interest in the said trade or

34 [1956] A.C. 104 at 135-6.

See sectionl5, Trade Unions Act.

the federation stipulates.37 This is democratic and allows for

37 Section 18 Trade Unions Act as amended. This shift reflects changing

39 [1942]A.C. 435 at 463

onal freedom and, like other aspects of that right, is qualified

employment of some or other person or with the right of

40 Queen v Leathern [1901] A.C. 495;' Crofter Hand-Woven HarrisTweed v Veitch

Nigeria and Attorney General v Adams hiomole and

Collective Bargaining and Collective Agreements

members and the employer.

id exercise exclusive jurisdiction relating to the itermination of

44 See Nigerian Union of Construction and Civil Engineering Workers v.

In National Union of Hotels and Personal Service Workers

Strikes and Other Forms of Industrial Action

ibour Organisation (ILO)

50 See Digest of Decisions on Freedom of Association, e.g. paras 520-521 in the

'^^International Covenant on Economic, Social and Cultural

ection 48 of the Trade Disputes Act provides:

restraining the movement of their superior officer and filling

56 Management of Gulf Oil Company Nigeria Lt. v. National Union of Petroleum

in Nigeria as long as Section 18 remains law. The system is a

provision is a retrogressive step and must be reversed to ow

was the most vocal at challenging governments economic policies.

goods or livestock by road, rail, sea, river or air;

form of restraint, i matter the presumed justification, will

mean a notice to terminate their contract of

61 Uvieghara, Trade Union Law in Nigeria p. 221, citing Allen v Flood

tie view expressed in Morgan v Fry, is

acts legedly committed by it, or on its

their behalf or on behalf of a trade union or registered

64 [1978-9006] DJNIC 121