Nigeria Content Online

The House of
Representatives has moved closer to a constitutional amendment that
will grant full judicial powers to the National Industrial Court,
allowing a second reading of a bill that wants the court listed in the
constitution.

Previous
legislations, which began with military decrees, made the court, as an
arbiter of labour disputes in the country, to be a subordinate of the
High Court, lawmakers said.

When listed in
section 6 of the 1999 constitution, the court will operate
independently, drawing its funding separately and attending as a
superior court of record, they said.

“This amendment is
simple, it is straightforward, and in the spirit of what we have done
with constitutional amendment, I urge that we re-establish this court,”
said Aminu Tambuwwal, the House Deputy Leader.

The campaign for labour

Justice Reform, an
NGO, called the passage a “fundamental milestone.” “We are glad with
the speed the House of Representatives have responded to the inclusion
of the National Industrial Court into the constitution,” said Enobong
Etteh, the group’s coordinator. “We are very impressed with the speedy
passage.”

The court was
created through military decree 47 of 1992 to serve to adjudicate on
labour disputes between employees and employers. The legislation was
left out of the 1999 constitution, making it inferior to High Courts,
the lawmakers said.

The former National
Assembly attempted reversing that with an Act of 2006 which was this
year rejected by the Supreme Court in a case involving the Electricity
Employee union.

The nation’s
highest court said in February 2010, that the National Assembly Act is
inferior to the provisions of the constitution, as such the court
cannot operate independently since it is not named with other courts in
section 6 of the constitution.

Senate support

The new bill, which
is promulgated as an amendment of the constitution, will have to amend
at least 13 sections of the constitution to successfully retain the
court there.

The ongoing
constitution amendment by the National Assembly gives financial
autonomy to federal bodies and the courts listed in the constitution.

“Because of
amendments on the fiscal autonomy for INEC and judiciary which empower
funds from the consolidated revenue to be paid directly to the National
Judicial Council, the NJC has no right to give a kobo to the NIC if it
is not listed in the constitution,” said Bala Na’alla.

The decision will become lawful after a concurrence by the Senate and at least two-thirds of the state Houses of Assembly.