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The Senate on
Wednesday passed the third amendment to the 1999 constitution, in order
to enshrine the establishment and operation of the National Industrial
Court in the constitution, as a court of superior record amongst courts
established for the federation, four years after it was established.

The court was
established through an Act in 2006, but the National Assembly said it
has not performed optimally because it was not listed in the 1999
constitution.

“For the Industrial
Court to achieve the purpose for which it was established, the court
must clearly and expressly be listed in the relevant sections of the
constitution dealing with judicial powers and related matters, even as
supported by the Supreme Court judgement in suit No. Sc. 62/2004,” said
Ike Ekweremadu, the deputy Senate president and leader of the ad hoc
committee on the review of the 1999 constitution.

The court would
have and exercise jurisdiction in civil matters relating with any
labour, employment, trade unions, industrial relations, and matters
arising from work place, the conditions of service – including health,
safety, and welfare of labour, employee, worker – and other matters
incidental to it.

The court will also
preside over matters arising from Factories Act, Trade Dispute Act,
Trade Unions Act, Labour Act, Workmen’s Compensation Act, or any other
law relating to labour, employment, industrial relations, workplace, or
any other related law.

New layer of justice

The court will also
determine issues relating to grant of any order restraining any person
from taking part in any strike or any industrial action, lock outs, and
(or) issues connected with any dispute arising from national minimum
wage for the federation or any part of the country.

The court, upon the
completion of the amendment process, would attain the status of a High
Court in all ramifications, and appeals from its judgments will be
heard and terminate at the Courts of Appeal.

The court will be
headed by a president and will be constituted by at least one judge or
at most, three judges, as the president of the National Industrial
Court may direct. The president of the court will be appointed by the
president on the recommendations of the National Judicial Council,
subject to the confirmation of the Senate.

Following the
passage of the bill at the Senate, progress on the bill is dependent on
the House of Representatives and subsequent assent of at least 24
states Houses of Assembly.