Judicial Absolutism: Propriety of the National Industrial Court as the First and Final Court in Labour and Other Related Matters in Nigeria

Abstract

The likelihood of appealing against the decision of a court of first instance is no doubt an acceptable culture in every judicial system. In fact, it is implicit in every adjudicatory process that a court cannot mostly be a court of first approach as well as that of last resort. Right of appeal of litigants constitutes a fundamental element of a fair judicial practice and plays a significant role in the Nigerian justice system. The right provides avenue for the Appellate Courts to function in correcting legal and factual errors; encouraging the development and refinement of legal principles; increasing uniformity and standardization in the application of legal rules and promoting respect for the rule of law. In criminal cases, the right plays an additional role in guarding against wrongful conviction of the innocent. This paper attempts to analyze the provision of the amended Nigeria Constitution in respect of the right of appeal of an aggrieved person against the decision of the National Industrial Court of Nigeria as well as contrasting judicial reaction thereon. A case was eventually made for a liberal and all-inclusive interpretation of the provision of the Constitution to avoid a restriction on a litigant’s right to appeal to the Nigerian Court of Appeal from the decision of the National Industrial Court of Nigeria.

Keywords: Appeal, Court of Appeal, National Industrial Court of Nigeria, Jurisdiction, Labour Court, Nigeria, South Africa.