Non-Appealable Decisions of the National Industrial Court of Nigeria: A Critical Analysis
Abdulfatai Aperua-Yusuf, Daud Momodu, Abdullahi Saliu Ishola
Abstract
Dispute and dispute resolution is a standard feature of any workplace. While the mechanism for resolution of
such disputes may be by the alternative disputes resolution system or the formal courts system, it is necessary and
consistent with national laws and international standards and best practices that such system be open to redress
for any aggrieved party to go on appeal. The National Industrial Court by some default of the Nigerian National
Assembly was made the court of first and last resort on all civil matters instituted in it except where such matters
involve an alleged breach of human rights of the party seeking redress. This development has created a legal
conundrum as aggrieved parties are at a cul-de-sac even where the cases were lost due to mere technicalities.
This work considers the position in South Africa which has a three tier appeal system on labour matters where
labour matters can be appealed from the Labour Court to the Labour Appeal Court and finally to the Supreme
Court of Appeal. It finally contends that there is the need to create another level of labour court dubbed the
National Industrial Court of Appeal in Nigeria with powers to hear appeal from the National Industrial Court.
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