Is the National Industrial Court (NIC) Still a Special Court? A Review of the Extra Luggage of Ancillary Jurisdiction of the NIC as a Disservice to Labour Justice

Abstract

The legal struggle surrounding the identity and the constitutional status of the National Industrial Court (NIC) including the extent and scope of its jurisdiction has not been an easy combat since the creation of the court in 2006. Fortunately, the court has survived these questions which include whether the NIC is a superior court (not being a creation of the Constitution at the beginning) and whether it is the final court over certain appeals. At the moment, one of the most potent arguments is the philosophical postulation as to whether the NIC is properly vested with jurisdiction to hear and determine labour issues from extraneous occasions like discrimination, sexual harassment, child abuse and human trafficking having regard to the primary function of the court as a specialised court on industrial disputes with exclusive jurisdiction over labour matters. It is observed that the extended jurisdiction of the NIC is an extra luggage and not in the best interest of quick justice delivery in industrial matters in Nigeria given that the judicial divisions of the court are few and far between and the fact that the judges are appointed based on the special knowledge and experience on industrial relations and employment conditions. It is recommended that these extraneous non-labour matters have been consigned to regular courts, there is no need to overburden the NIC with them having regard to the complexity and peculiarity of the procedure required in the hearing of some of these non-labour issues if the objective of establishing the court still remains the effective and efficient justice delivery in industrial relations.