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PRINCE KOLA OYEDOKUN AND NATIONAL UNION OF FURNITURE FIXTURES AND WOOD WORKERS (NATIONAL INDUSTRIAL COURT) HON. JUSTICE (CHIEF) P.A. ATILADE - PRESIDENT B.N. OBUA, ESQ. - MEMBER E.O. OLOWU, ESQ. - MEMBER SUIT NO: NIC/1M/95 DATE OF RULING - 1ST DECEMBER, 1995 LABOUR LAW National Industrial Court - Creation and jurisdiction of - Sources of - Scope of jurisdiction of - Condition precedent to exercise of - Sections 3 - 8 and 13 of the Trade Disputes Act (as amended) and Rule 13 of the National Industrial Court Rules -Duty on plaintiff to fulfill. NATIONAL INDUSTRIAL COURT Creation and jurisdiction of - Sources of-Scope of jurisdiction of – Condition precedent to exercise of - Sections 3 to 8 and 13 of the Trade Disputes Act (as amended) and Rule 13 of the National Industrial Court Rules. ISSUE: Whether the National Industrial Court has jurisdiction to entertain the Applicant’s action. FACTS: The Applicant, by an originating summons, sued the Respondents before the National Industrial Court, claiming a number of declarations. The Respondents thereafter filed a preliminary objection to the competence of the action, contending that the court lacked jurisdiction to hear and determine the matter. HELD: (Upholding the preliminary objection and striking out the suit): 1. On Source of creation and jurisdiction of the National Industrial Court- The National Industrial Court is a creation of statutes, and its jurisdiction is prescribed by section 20 of the Trade Disputes Act, Cap. 432, Laws of the Federation of Nigeria, 1990 and subsequent amendments. 2. On Scope of Jurisdiction of the National industrial court - The National Industrial Court has jurisdiction to make awards for the settlement of trade disputes, and to determine questions as to the interpretation of any collective agreement, the awards of the Industrial Arbitration Panel and of the court, and the interpretation of any terms of settlement of a trade dispute as recorded in a memorandum. 3. On Condition precedent to exercise of Jurisdiction by the National Industrial Court- Before the National Industrial Court can exercise its jurisdiction to make awards for the settlement of a trade dispute sections 3 to 8 and 13 of the Trade Disputes Act, and Rule 13 of the National Industrial Court Rules must apply. In the instant case, the Applicant did not comply with the aforesaid sections 3 to 8 and 13 of the Act as well as Rule 13 of the Rules as the matter had not been referred to the court by the Minister. The court therefore lacked jurisdiction to entertain the matter.