Examining National Industrial Court of Nigeria Repositioned Status in Trade Dispute Resolution
No Thumbnail Available
Date
2022-12
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Lead City University
Abstract
The fundamental nature of jurisdiction of any court is critical to any adjudicatory process without which anything done will amount to an exercise in futility. Prior to the enactment of the Constitution (third alteration) Act, 2010, National Industrial Court was established by the Trade Dispute Decree, 1976, where matters relating to labour, trade union dispute, employment, conditions of service, welfare of employees were adjudicated upon. However, the National Industrial Court faced so many difficulties as to its jurisdiction, powers and status. National Industrial Court was widely criticised by scholars and jurists due to its inefficiencies. The main objective of the thesis is to examine the National Industrial Court of Nigeria repositioned status in Trade Dispute Resolution under the Trade Dispute Act, National Industrial Court Act and specifically under the Third Alteration Act which amended the Constitution of the Federal Republic of Nigeria 1999. To this end, the study examined the legal status of the Third Alteration Act which came into force on the 4th of March 2011, and the appraise its impact on the settlement of labour disputes. The aim of this thesis is to review the extended Jurisdiction of the NIC, particularly under the Third Alteration of the 1999 Constitution, to confirm whether the repositioned jurisdiction given to the NIC is likely to solve the confusion associated with its jurisdiction. This is a legal and descriptive research that relies on qualitative method of analysis. The research work also relies on the primary and secondary source of Nigerian laws. The researcher recommended that the legislature should ensure that there are no apparent contradictory ambiguous provisions in the Constitution. As a result, the National Assembly should amend the Constitution further to resolve these seemingly contradictory provisions.
Key words: National industrial court, Trade Dispute, Trade Union, Dispute resolution, Constitution, Third alteration, Repositioned
Description
Keywords
Citation
Kate Turabian