Fequently Asked Questions

The National Industrial Court of Nigeria is to be a specialized superior Court of record dispensing Social Justice. Setting standards for management and Labour Jurisprudence, promoting Industrial Peace and Contributing to the total development of Nigeria.
The National Industrial Court of Nigeria is a Judicial Institute established in 1976 by the Trade Disputes Act (TDA) Cap. 432, Law of the Federation of Nigeria (LFN) 2004. The Court became functional in 1978. Due to a number of shortcomings in the TDA which impacted adversely on the workings of the court, the National Industrial Court Act, 2006, re – established the National Industrial court as superior Court of record with jurisdiction on labour and Industrial matters. As a result of further contentions on the status of the Court as a superior court of record, the National Assembly vide the Third Alteration Act, 2011, amended the 1999 constitution of the Federal Republic of Nigeria, to established the court as a superior court of record specifically and expressly under the Constitution. The Court has and exercises exclusive jurisdiction in civil causes and matters arising from workplace, the conditions of service, including health, safety, welfare if labour, employee, worker and matters incidental thereto and connected therewith. By virtue of Section 254C(5) of the 1999 constitution (as amended by the Third Alteration Act, 2011) the National Industrial court of Nigeria has jurisdiction and powers in criminal causes and matters arising from any cause or matter on which jurisdiction had been conferred on it. The National Industrial Court of Nigeria is a dedicated and specialized Court with exclusive jurisdiction in civil causes and matters relating to:
1. Labour Laws;
2. Industrial actions;
3. Interpretation of laws relating employment, labour, industrial actions;
4. National minimum wage;
5. Unfair labour practice or international best practice in labour;
6. Discrimination or sexual harassment at workplace;
7. Application or interpretation of international labour standards;
8. Child labour;
9. Collective agreements;
10. Payment or non – payment of salaries, wages, etc;
11. Appeals from any award or judgment of the court
i. The membership of the Court consists of the President of the court and such number of judges as may be prescribed by an Act of the National Assembly.
ii. The President of the court of responsible for the overall control and supervision of the administration of the Court.
iii. The President of the Court is a qualified legal practitioner in Nigeria of not less than ten years standing with considerable knowledge and experience in the law and practice of Industrial relations and employment conditions in Nigeria.
iv. A judge of the Court is a qualified legal practitioner of not less than ten years standing with considerable knowledge and experience in the law and practice of industrial relations and employment in Nigeria
The Court is empowered to hear and resolve all
i. Disputes relating to or connected with employers and employees relationship;
ii. Disputes relating to or connected with environment, conditions and or terms of work;
iii. Disputes relating to or connected with health workers;
iv. Disputes relating to or connected with workplace safety;
v. Disputes relating to or connected with welfare of labour, employee and workers;
vi. Disputes relating to or connected with factories Act, Trade Disputes Act, Trade Unions Act, Labour Act, Workmen's compensation Act or any other act or law relating to labour, employment, industrial relations, workplace or any other enactment replacing the Act or Laws;
vii. Disputes relating to or connected with an order granted to restrain any person or body from taking part in any of the following:
a. Strike;
b. Lock – out;
c. Industrial action;
d. Conduct in contemplation or furtherance of a strike;
viii. Disputes relating to or connected with any disputes over the interpretation and application of Human Rights as they relate to any employment, labour, industrial relations, trade unionism, employer's association or any other matter which the court has jurisdiction to hear and determine;
ix. Disputes relating to or connected with any dispute arising from minimum wage for the Federation or any part of the Federation;
x. Disputes relating to or connected with unfair labour practice or international best practices in labour, employment and industrial relation matters;
xi. Disputes relating to or connected with any dispute arising from discrimination or sexual harassment at workplace;
xii. Disputes and matters relating to or connected with or pertaining to the application or interpretation of international labour standards;
xiii. Disputes and matters relating to or connected with child labour, child abuse, human trafficking, or any matter connected therewith or related thereto;
xiv. Disputes relating to determination of question as to the interpretation and application of any;
a. Collective agreement
b. an award made by an arbitration tribunal in respect of a trade dispute or trade union dispute;
c. award or judgment of the court;
d. Trade union disputes of employment dispute as may be recorded in the memorandum of settlement; e. Trade union constitution, the constitution of an association of employers or any association relating to employment, labour, industrial relations or work place;
xv. Disputes relating to or connected with any personnel matter arising from any free trade zone in the Federation or any part thereof;
xvi. Disputes relating to or connected or arising from payment or non – payment of salaries, wages, pensions, gratuities, allowances and benefits and any other entitlement of any employee, workers, political public office holder, a judicial officers, or any civil or public servant in any part of the Federation and matters incidental thereto;
xvii. Disputes relating to or connected with;
(a) Appeals from the decisions of the Registrar of trade Unions, or matters relating thereto or connected therewith;
(b) Appeals from the decisions recommendations of any administrative body or commission of enquiry, arising from or connected with employment, labour, trade unions or industrial relations;
(c) Such other jurisdiction, civil or criminal and whether to the exclusion of any other court or not.
xviii. Disputes relating to or connected with registration of collective agreement;
xix. Disputes relating to, connected with or pertaining to the application of any international convention, treaty or protocol of which Nigeria has ratifies, relating to labour, employment, workplace, industrial relations or matters connected therewith;
xx. Entertain any application for the enforcement of the award, decision, ruling tor order made by any Arbitral Tribunal or Commission, or Administrative body or board of Inquiry relating to or connected with, arising from or pertaining to any matter which it has jurisdiction to entertain.
Alternative Dispute Resolution hereinafter referred to as ADR for the purpose of the National Industrial court of Nigeria includes the use of mediation and/or conciliation process by a neutral or an impartial third party to facilitate the resolution of any dispute that is referred to the Centre.
(i) enhances and facilitates quick, efficient and equitable resolution of certain employment, labour and industrial relations disputes within the jurisdiction of the Court;
(ii) minimizes, reduces, mitigates and eliminates stress, costs and delays in justice delivery by providing a standard Alternative Dispute Resolution framework for fair, efficient and amicable settlement of disputes;
(iii) assists disputants in the resolution of their disputes without acrimony or bitterness.
By the provision of Section 254C(3) of the 1999 Constitution of the Federal Republic of Nigeria, (as amended by the third Alteration Act, 2010), and by virtue of Article 2 paragraph (1) of the National Industrial Court of Nigeria ADR Centre instrument, 2015, the National Industrial Court of Nigeria has power to establish an Alternative Dispute Resolution Centre, within the premises of the court on matters on which jurisdiction is conferred on the Court.


The Alternative Dispute Resolution Centre is established to resolve certain disputes arising from labour, employment, industrial relations, workplace, issues etc, between parties using the process of mediation and/ or conciliation.

The purpose of the Centre is to use the Alternative Dispute Resolution techniques to assist parties to resolve their dispute and arrive at mutually acceptable agreement in less costly, speedy and efficient manner. It is aimed at preserving relationship through reconciliation of parties in dispute thereby engendering industrial peace and harmon ingredients that ate germane for economic and industrial development of the country.


The ADR Centre uses mediation and /or conciliation process to facilitate the resolution of disputes between parties in order to arrive at a win – win settlement.
The ADR Centre is part and parcel of the National Industrial Court of Nigeria. The members of staff of the Centre are also members of staff of the court. the Centre is not independent. The members of staff are under the control and supervision of the President of the court and under the administrative oversight of the chief Registrar of the court.
The Centre can only resolve matters relating to or connected with the following: They are 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 or connected with disputes arising from any strike, lockout or any industrial action, or any conduct in contemplation or in furtherance of a strike, lockout, or any industrial action and matters connected therewith or related thereto;
(c) relating to or connected with disputes arising from payment or non-payment of salaries, wages, pension, gratuities, allowance, benefits, and any other entitlement of any civil or public servant in any part of the federation and matters incidental thereto; and
(d) provisions of Section 7 (1)(a) and (b) of National Industrial court act, 2006 namely matters relating to:-
(i) labour, including trade unions and industrial relations; and
(ii) environment and conditions of work, health, safety and welfare of labour, and matters incidental thereto.
Yes. There are areas of the jurisdiction of the court that the Centre cannot entertain. The areas are:
(i) That challenge the jurisdiction of the court;
(ii) Criminal matters.
You bring your matter to the Centre by filing it at the Registry of the Court. after your matter is assigned to any of the judges of the Court, the President of the Court or a judge of the court may after evaluating the nature of your matter, refer your matter to the Centre.


The judge of the court to who the matter is assigned may refer your matter to the ADR Centre after all interlocutory application on the matter have been heard by the Court.

You can also get your matter to the Centre after you have filed with the Registry of the Court apply to the President of the Court requesting that you want your matter to be resolved through the use of mediation and/or conciliation technique.

No. You are not permitted to bring any application to the Court after your matter has been referred to the Centre for mediation and/or conciliation. The Centre also cannot entertain any application either interlocutory or grant an order or interpret any law. It has no power to do so.
Yes. If all the parties in your matter mutually opt that the matter be resolved through the mediation and/or conciliation process.
Your matter can be resolved by officers of the court who are referred to as ADR officers. The ADR officers of the Court are legal practitioners who are well trained in the art of Alternative Dispute Resolution Techniques including mediation and/or conciliation amongst others. There are other ADR officers who are so designated because their professional expertise assists and enhances the resolution of a dispute.
When you are not satisfied with the ADR officers facilitating your matter due to any act of misconduct or unethical behavior during the session, you may apply to the Director of the Centre stating your complaints and requesting for a change of the ADR officer(s). Your complaints will investigated and acted on accordingly.
No. You cannot choose your mediator or conciliator. The ADR Centre is a court establishment and just as is the practice of the Court a party cannot choose the judge that will hear and determine his or her matter. The Centre has well trained staff in the art of dispute resolution using the mediation or conciliation processes to facilitate the resolution of your matter.
No. You are not allowed to disclose or discuss the goings in the process with non parties in the matter. The ADR techniques emphasizes the principle of confidentiality and non disclosure of issues in the mediation and or conciliation process. You are expected to keep the issues that transpire at the session to yourself.
If you a non – English speaking party or any of the parties in your matter is non English speaking, all your documents are expected to be translated to the language you or that party are conversant with. You may also apply to the Centre for the use of a translator in the language you conveniently communicated in.
You will be expected to:
(i) cooperate and work together with the ADR officer(s) of the Centre in the administration and handling of your matters:
(ii) Consider the adoption if ADR procedure for resolving your claims or issues
when encouraged to do so by the Court, your counsel or the Centre:
(iii) Ensure regular and punctual attendance of sessions:
(iv) attend ADR sessions in good faith without undue request for adjournments or unwarranted delays and comply with directives from the court and the Centre:
(v) respect all the guiding principles set by the ADR officer(s) for the proceedings, such as , confidentiality of session, comportment, control of emotions, utterances, etc.
(vi) recognize that the ADR is aimed at a win – win situation, with due consideration for give and take;
(vii) prepare adequately for an ADR session, be actively involved and be willing to explore various options towards settlement;
(viii) In a situation where an amicable settlement agreement has been reached and a term of settlement drawn through mediation or conciliation process but your counsel refuses to execute the agreement, you are at liberty to execute the terms of settlement on your own.
(ix) appear before the Centre, but may or may not agree to settle your disputes at the ADR sessions.
Your matter can be resolved as quickly as possible depending on the cooperation, understanding and mutual submission of the parties to the ADR process. The Centre has by its Rules provided that a matter may be resolved within 21 working days. Additional 10 days and not more can be requested peradventures the matter could not be resolved within the first 21 working days.
Yes. You can request for adjournment but not more that two adjournments during a mediation and/or conciliation process on a matter.
Yes. Your lawyer is allowed to participate in the ADR process if you so wish. You have to inform the Director of the Centre of the persons you want to participate in the ADR process and the role they are likely to play. The Centre allows parties that will enhance the amicable resolution of your matter. The Centre will not allow any person who is not a party to the dispute to participate in the session.
If you have person who you think can assist or aid the resolution of your matter you can apply to the Director of the Centre for subpoena to enforce the attendance of such person.
Your lawyer is expected to:-
(i) assist the ADR officer(s) in constructive dialogue or negotiation towards an amicable resolution of the matter;
(ii) prepare you his client(s) prior to mediation or conciliation by explaining the procedure to be followed and particularly what the roles of both counsel and parties are;
(iii) serve as advocates in your interest;
(iv) make brief opening summaries of the issues;
(v) allow the parties to engage and participate in the mediation or conciliation process.
The President of the court or the Judge of the court that referred your matter will know the progress of your matter at the Centre only when it is concluded. The ADR Centre will submit a report of the outcome of meditation and/or conciliation of your matter to Director of the Centre. The Director will forward the report of the outcome of the meditation and/or conciliation session(s) to the President of the Court or the Judge of the Court who made the referral. The President of the court or the Judge of the court will act according to the content of the report received.
Where your matter is amicably resolved, the ADR officer(s) facilitating resolution of your dispute will prepare a document stating the terms of settlement between you and the other party(ies). You and the parties are allowed to read and agree to the terms of settlement. If you and other party(ies) are satisfied with the content of the terms of settlement, you and the other party (ies) will be requested to sign the document. The signed terms of settlement are binding on you and the other parties.
After you have signed the terms of settlement, the file of your matter will be returned to the President of the court or the Judge of the court, so that the terms of settlement can be adopted and entered as the judgment of the court. the court will send to you a hearing notice stating he Court, date and time inviting you for your terms of settlement to be adopted and pronounced as the judgment of the court.
Yes. It is a judgment of the court and it can be enforced accordingly. You can apply for the enforcement of your terms of settlement even if you applied or opted that your matter be resolved by the ADR Centre.
Yes. You will be expected to pay for the services of your lawyer, since you engage him and he participated in the resolution of the dispute at the Centre.
If your matter is not resolved especially due to some reasons, the ADR officer(s) will submit a memorandum without the records of the sessions to the Director of the Centre who will forward same to the President of the Court of the Judge of the Court that referred the matter. The Director will not forward any record of the mediation and/or conciliation sessions at the Centre to the court, when your matter is returned to the court, the Centre will inform you of this development, and the Court will set your matter down for continuation of hearing according to the Rules of the Court.
Yes. Your lawyer can continue to handle the matter in the court except you decide otherwise. However, none of the ADR officers is allowed to represent you or continue with you when the matter is before the court.
The ADR Centres are located in the premises of the following Judicial Divisions of the court:-
(i) Abuja ADR Centre in Abuja Judicial Division
No. 10 Port Harcourt Crescent Off Gimbiya Street
P.M.B. 623 Garki Abuja FCT Nigeria 07043442821.
(ii) Gombe ADR Centre in Gombe Judicial Division
Ashaka Road, Opp. Police Zonal Office Gombe 08159502361.
(iii) Kano ADR Centre in Kano Judicial Division
GP 381, New Court Road, Gyadi – Gyadi, Kano
Kano State 07040101230.
(iv) Enugu ADR Centre in Enugu Judicial Division
No. 6, Aguleri Street, Independence Layout, GRA Enugu, Enugu State
07040754305.
(v) Warri ADR Centre in Warri Judicial Division
High Court of Justice Premises, Opp. Police Headquarters.
(vi) Ibadan ADR Centre in Ibadan Judicial Division
Court Road, Opp. Federal High Court
Off Adeoyo Ring Road, Iyaganku GRA, Oyo State 07040754320.
You can get more information about the court and the Centre from the following publications
(i) 1999 Constitution of the Federal Republic of Nigeria (as amended).
(ii) National Industrial Court act, 2006.
(iii) National Industrial Court of Nigeria Rules, 2007.
(iv) National Industrial court of Nigeria, Alternative Dispute Resolution Centre Instrument, 2015.
(v) National Industrial court of Nigeria Alternative Dispute Resolution Centre Rules, 2015.
(vi) Trade Dispute Act Cap 432 LFN 2004.
(vii) Access to the Operations of the National Industrial court of Nigeria;
(viii) Brochure of the National Industrial of the National Industrial court of Nigeria.
(ix) National Industrial Court of Nigeria website www.nicn.gov.ng

About ADR


The Alternative Dispute Resolution Centre is established to resolve certain disputes arising from labour, employment, industrial relations, workplace, etc, between parties using the process of mediation and/or conciliation. The Centre uses mediation and/or conciliation technique(s) to assist parties resolve their dispute and arriveat mutually acceptable agreement In less costly, speedy and efficient manner.


Address


Abuja:
No. 3, Aguleri Street, off Gimbiya Street, Area 11, Garki, Abuja

Phone:
07040101220, 07040101201

Email:
info@adr.nicn.gov.ng

Video


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