NICN JURISDICTION OVER LABOUR-RELATED FUNDAMENTAL HUMAN RIGHTS DISPUTES: ONYIRUKA V. A.G. OF ENUGU STATE EXAMINED

Abstract

Section 254c (1) (d) of the 1999 Constitution of the Federal Republic of Nigeria (Third Alteration) Act, 2010 has vested the National Industrial Court of Nigeria (NICN) exclusive original civil jurisdiction over matters relating or connected with any disputes over Chapter IV of the Constitution while section 46(1) thereof, empowers any citizen whose right contained in the said Chapter IV that is threatens or has been breached to apply to a High Court within the state for redress. This raises the issue as to whether the NICN has exclusive original civil jurisdiction over disputes pertaining to Chapter IV of the constitution? The Court of Appeal in Mrs. Gloria Lewechi Onyiriuka v. A.G., Enugu has held that the NICN neither has nor exercises exclusive original civil jurisdiction over labour-related fundamental human rights disputes but has concurrent jurisdiction with the State and Federal High Court. Does this decision represent the right position of the law? What is its implication (s) on the exclusive jurisdiction of the NICN? What is its impact on the growth and development of Nigeria’s labour jurisprudence?