Research
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.
Navigating Jurisdictional Turbulence on Maritime and Civil Aviation Labour Claims in Nigeria: Federal High Court Versus National Industrial Court Controversies
Controversies have trailed the frontiers of the civil jurisdictions of the Federal High Court [FHC] and National Industrial Court [NIC] since the bifurcation of the FHC’s civil jurisdiction in favour of the NIC over labour matters by S. 254C of the Constitution, such that, both courts have been asserting rival jurisdictions on the same subject matter, with the consequence that, the purposes of conferring exclusive civil jurisdictions on both – specialization and efficiency – are being thwarted. While some of these controversies have been settled with the acceptance of the appellate decisions on them, the controversies regarding the frontiers of their mutually exclusive civil jurisdictions on admiralty/aviation labour causes have, however, remained intractable. With the recent Court of Appeal’s decision in Bains’ case [2021], confirming the NIC’s exclusive civil jurisdiction on merchant shipping/civil aviation labour matters, it was thought, the contest had been rested, but it has instead, become more ferocious, as legal writers have joined the fray, majority of who vehemently disagreed with the Court of Appeal’s decision.
