Termination of Master-Servant Contract of Employment in Nigeria: An Evaluation of Judicial Activism on National Industrial Court of Nigeria

The common law principle of employment-at will is the predominant position of law in termination of master-servant contract of employment which is prevalent in Nigeria’s private sector. This principle confers on employer the right to terminate an employment contract for good reason, bad reason or no reason at all. The foregoing position of common law has opened the floodgate of unfair and unlawful terminations of contract of employment in Nigeria’s private sector. The National Industrial Court of Nigeria (the NICN) is vested with exclusive jurisdiction on labour and employment matters and this article evaluates the jurisdiction of the NICN specifically relating to the application of international labour standards in respect of unfair and unlawful terminations of contract of employment. In addressing this issue, this study adopts a doctrinal research methodology to critically examine the judicial activism of the NICN on application of international labour standards to termination of master-servant contract of employment in Nigeria. It analyses constitutional provisions, statutory frameworks, judicial pronouncements and it also undertakes comparative analysis with international best practices. This study finds that there are statutory limitations, inadequate legal and institutional framework for the protection of victims of unfair and unlawful termination of master-servant contract of employment in Nigeria. This research paper recommends further amendment of the 1999 Nigerian Constitution, amendment of existing legislation and ratification of international labour conventions for the protection of unfair labour practices in Nigeria