WHAT IS NATIONAL JUDICIAL COUNCIL?
The National Judicial Council is one of the Federal Executive Bodies created by virtue of Section 153 of the 1999 Constitution of the Federal Republic of Nigeria. In order to insulate the Judiciary from the whims and caprices of the Executive; hence guarantee the independence of this Arm of Government, which is a sine qua non for any democratic Government, the National Judicial Council was created and vested with enormous powers and functions which the erstwhile Advisory Judicial Committee (AJC) it replaced.
TYPES OF CASES THAT COME BEFORE THE NATIONAL INDUSTRIAL COURT OF 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 of 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 dispute or 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, worker, political or public office holder, a judicial officer, 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 ratified, relating to labour, employment, workplace, industrial relations or matters connected therewith;
xx. Entertain any application for the enforcement of the award, decision, ruling or 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.
WHAT HAPPENS TO THE TERMS OF SETTLEMENT?
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 the Court, date and time inviting you for your terms of settlement to be adopted and pronounced as the judgment of the Court.
WHAT IS THE PURPOSE OF THE ADR CENTRE?
The purpose of the Alternative Dispute Resolution (ADR) 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 harmony ingredients that are germane for economic and industrial development of the country.
WHERE CAN I GET MORE INFORMATION ON THE ACTIVITIES OF THE COURT AND THE CENTRE?
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.ncin.gov.ng