Yesterday, the National Industrial Court of Nigeria (NICN) held its 2024/2025 Legal Year ceremony in Abuja, with retired Supreme Court Justice Ejembi Eko presiding as chairman. I had the privilege of being the guest speaker, and I’d like to share a brief overview of my remarks on labor justice, public interest, the rule of law, and the pivotal role of judges in Nigeria.

It’s a true honor to be here today as we kick off the 2024/2025 Legal Year. Some might wonder why a journalist is tackling the subject of labor justice and public interest. Interestingly, my invitation to speak came after a chance meeting with a remarkable individual while playing ping pong last year. I had no idea he was the Honorable Justice Benedict Kanyip, the President of the NICN, until he showcased his impressive table tennis skills. That encounter led to the exchange of contact information, and earlier this year, Justice Kanyip reminded me of my role as today’s speaker. I sincerely thank him for this opportunity.

I also want to acknowledge the other judges of this court. My understanding of the NICN’s role in advancing labor jurisprudence in Nigeria has grown significantly in recent weeks. To prepare for this presentation, I spent considerable time in the court’s library, which, like many in Nigeria, could benefit from enhancements. Fortunately, two dedicated staff members assisted me in accessing crucial resources, including the “Digest of Labour Cases in Nigeria (1960 to 2012)” and the “Digest of Judgements of National Industrial Court (1978 – 2006)” edited by Oluwole Kehinde, with forewords by former NICN President Justice Babatunde Adejumo. These documents detail numerous cases where this court has fought for justice on behalf of workers in Nigeria.

Given the urgent negotiations over a national minimum wage currently between labor and government, now is an opportune time to delve into labor justice and public interest. The ongoing negotiations have taken a long time, and what has been agreed upon still falls short, making it impossible for workers to buy even a bag of rice.

Adding to this challenge is the plight of informal sector workers, who are excluded from any form of labor justice. For many, private airtime is their only recourse, exemplified by activist Ahmed Isah, whose show “Brekete Family” on Human Rights Radio Abuja has become a voice for the vulnerable, effectively positioning him as both their “Ordinary President” and their “Chief Justice.” The scale of workers’ rights violations is alarming, with even foreign companies operating in Nigeria showing scant regard for local labor laws. Many businesses flout established labor regulations, compromising job security and necessary benefits for workers. Additionally, regulatory safeguards regarding compensation for work-related injuries and illnesses are frequently ignored, leaving many workers and their families without vital support.

It’s vital to understand that labor justice and public interest are interconnected. Any effort to promote equitable treatment in the workplace has a positive impact on societal welfare. The United Nations has consistently highlighted the principle of access to justice, reiterating that individuals have the right to have their cases adjudicated by an impartial arbiter. According to the International Labour Organization (ILO), a global standard for labor justice mandates that workers must be able to seek justice without obstacles—whether through courts or formal dispute resolution processes.

Measuring labor justice in any jurisdiction involves assessing factors such as fair wages, ensuring compensation is commensurate with contributions; safe working environments that guard against foreseeable hazards; and the fundamental right to organize and collectively bargain. Non-discrimination based on religion, race, gender, or age is equally crucial. With these principles in mind, labor justice aims to rectify power dynamics between employers and employees while upholding the dignity of work.

Regrettably, despite multiple laws intended to guarantee workers’ access to justice in Nigeria, the reality remains stark. Issues like discrimination, collective bargaining entitlements, and wrongful terminations often go unresolved. This brings us to discussions about the specialized labor court represented by the NICN.

The establishment of industrial courts can be traced back to historical precedents in France in 1806, Germany in 1869, and the UK in 1919. Yet, Nigeria didn’t create the NICN until 1976 to comprehensively address labor justice. Although the court began operations in 1978, it faced significant obstacles in its initial years, often failing to provide relief to aggrieved workers due to the limitations on enforcing its judgments.

A landmark Supreme Court ruling involving the National Union of Electricity Employers (N.U.E.E.) and the Bureau of Public Enterprises revealed that the NICN lacked concurrent jurisdiction with state high courts, hindering its effectiveness for nearly three decades. Former NICN President Justice Adejumo even described the court as “practically moribund” during that time.

In 2011, constitutional amendments changed this narrative, elevating the NICN to a Superior Court of record with expanded jurisdiction, including human rights cases arising in the workplace. It also gained authority over disputes between labor unions and government entities.

Before I delve deeper into labor justice, it’s important to discuss the broader landscape of justice administration in Nigeria. The access to justice for workers is a reflection of the rule of law throughout society. During a special Supreme Court session in September 2024, Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, stressed that compliance with court orders would be “non-negotiable,” insisting that “No individual or institution, regardless of their standing, will be allowed to treat court judgments lightly or with disregard.”

This statement encapsulates the essence of a society governed by the rule of law. However, it’s critical to clarify that ‘rule of law’ differs from ‘rule of judges.’ The World Justice Project defines the rule of law to encompass principles like accountability and accessible justice, whereas the ‘rule of judges’ suggests a misuse of authority where judges are seen acting above the law. Unfortunately, this troubling perception appears to be growing in Nigeria, fueled by remarks from powerful individuals urging dissatisfied parties to seek legal recourse—a call often accompanied by threats of appeals that can delay justice.

Furthermore, the problem of inconsistent judgments from courts of equal jurisdiction and the pervasive issue of forum shopping plague Nigeria’s judicial system. Recent events in Rivers State, for instance, have shown that some judicial officials may prioritize the interests of influential politicians over their duty to serve the public good.

I find it disconcerting that any self-respecting judge would issue an injunction preventing the police from fulfilling their duty to maintain law and order during an election. Such instances illustrate how manipulated court orders may take precedence over public interest. After my remarks, one attorney disputed my observations regarding the Rivers State case, while another confirmed my position and provided supporting evidence.

Returning to labor justice, while the NICN was set up to tackle these issues on a national scale, the current distribution of its divisions presents challenges. With 28 divisions across Nigeria, eight states lack a NICN presence, including my home state of Kwara, which only has a registry. This gap raises serious concerns about equity and limits the court’s ability to effectively serve every citizen.

Moreover, it’s essential to note the original vision behind establishing the NICN in the 1970s was to facilitate rapid industrialization and to anticipate inevitable labor disputes. However, since then, the sector has stagnated, and the progress that was initially envisioned has deteriorated.

While my research indicates that the NICN has made significant strides in advancing labor jurisprudence in Nigeria, it’s concerning that many are unaware of its functions. Even among legal professionals, there seems to be a general lack of understanding about its operations. Legal expert Enobong Etteh observes that many lawyers representing clients before the NICN lack familiarity with its specialized procedures, leading to confusion and ineffective advocacy.

Additionally, some of the NICN’s rulings have been overturned in regular courts, particularly by the Court of Appeal and the Supreme Court. I’d like to highlight three significant cases that could affect labor justice in Nigeria: Skye Bank Plc versus Victor Iwu, Chevron Nigeria Ltd versus Mr. Titus Oyegun, and Arik Air Ltd versus Mr. Gabriel Igbinigie. Each of these judgments raises questions about the NICN’s jurisdiction and the interpretation of labor laws, indicating that some gaps may need to be addressed.

Interestingly, some stakeholders believe that NICN judges tend to align with governmental interests, a claim frequently voiced by the Nigeria Labour Congress (NLC). While it’s crucial to examine concerns regarding potential biases, it’s also noteworthy that the government itself has criticized NICN decisions that favor workers, adding to the complexity of the situation.

As I conclude, it’s essential to stress that labor justice in Nigeria currently benefits the formal sector, leaving the vast majority of informal workers without protections or access to justice. According to the National Bureau of Statistics, over 92% of Nigerian workers were employed informally as of early 2023. Overlooking such a large segment of the workforce from legal safeguards stifles societal development.

To address these challenges, we must consider legal reforms aimed at extending the protections applicable to the formal sector to those in the informal sector, ensuring fair treatment across the board.

Regarding workplace injuries or illnesses, the Employee Compensation Act of 2010 offers significant protections for workers, though enforcement remains a challenge, particularly in smaller businesses. Drawing lessons from countries like Canada, which have created safety boards to support informal employers and employees, could provide actionable strategies.

Ultimately, public interest flourishes when workers are treated fairly and economically empowered. This necessitates a commitment from the government at all levels to uphold labor laws and protect workers’ rights. By ensuring labor justice, we can cultivate social cohesion and stability, mitigate unrest, and foster a harmonious society.

Thank you for your attention. You can follow me on Twitter @Olusegunverdict and visit my website at www.olusegunadeniyi.com.