Enforcing Foreign Judgments in Nigeria: Any Role for the National Industrial Court?
The Third Alteration Act altered the Constitution to make the National Industrial Court [NIC] a superior Court. In spite of this, jurists have continued to deny the NIC, the right to enforce foreign judgments on labour matters. The arguments are that: because, the NIC is not listed in S. 2(1) of the Foreign Judgments [Reciprocal Enforcement] Act [FJA], it lacks jurisdiction in this regard and that; enforcement of foreign judgments does not involve exercise of jurisdiction, but mere exercise of power. Consequently, the NIC has handed down a decision divesting itself of jurisdiction! However, the research finds that, the arguments are fallacious and that, the NIC has exclusive jurisdiction to enforce foreign labour judgments in Nigeria. The research opines that, the gestating controversy must be nipped in the bud for the nation to reap the benefits of the bounties of the globalized labour market. It recommends deletion of the problematic part of S. 2(1) of the FJA, the overhaul and, merging of the two cognate statutes, to bring up the Nigerian law in tune with international best practices. The research, being doctrinal, relies on cognate statutes, case laws and journal articles.
