A Comparative Analysis of the Fundamental Human Rights Jurisdiction of the National Industrial Court and High Courts in Labour Matters in Nigeria

This study examines and clarifies the jurisdictional boundaries between the National Industrial Court of Nigeria (NICN) and the High Courts in the enforcement of human rights within the scope of labour practice and human rights issues arising from outside the workplace. The constitutional amendment effected by the Third Alteration Act, 2010, particularly Section 254C(1)(d) of the 1999 Constitution (as amended), conferred on the NICN the authority to interpret and apply the provisions of Chapter IV of the Constitution where such human rights issues arise from, or are connected with labour practice. However, despite the clear constitutional empowerment, there still remains a gap and instances in which litigants could not accss human rights justice from the NICN under the guise of lack of jurisdiction. This is a jurisdictional conflicts which have led to inconsistent judicial outcomes. A case in view is the “Senior Staff Association of University Teaching Hospitals Research Institutes and Associated’ Institutions (S.S.A.UT.H.R.I.A.I) & Ors. V. Dr. Sunday Osasu Olotu”451 where the Court of Appeal held that the NICN does not have jurisdiction on Fundamental Human Rights cases, despite section 254C(1)(d) of the CFRN. This study employs the use of both primary and secondary data in the qualitative and comparative approaches used. The interpretations of judicial officers on the overlapping jurisdiction created by 254C(1)(d) of the CFRN and Order II(1) the Fundamental Rights (Enforcement Procedure) Rules 2009 still remains an irreconcilable gap. It robs litigants off timeous access to justice on the subject matter. This study analyses the court decisions that further amplified the jurisdictional gaps. This study concludes that these gaps are reconcilable, and recommends that the position of law as derived from the grundnorm could be maintained while both NICN and High Courts maintain their respective jurisdictions as prescribed by both the laws with a demarcation of issues related to labour matters in the work place and outside the workplace