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 conflict 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”503 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.