The Desirability of Conferring Criminal Jurisdiction on Industrial Courts: An Appraisal of the Nigerian Experiment

Abstract

The conferment of jurisdiction on industrial relations courts has often faced stiff oppositions in many jurisdictions, Nigeria inclusive. This paper appraises the provisions of the 1999 Constitution of Nigeria conferring the National Industrial Court of Nigeria with criminal jurisdiction within the context of the controversies trailing them. It finds that the controversies are informed by a combination of misapprehension of these provisions, the defects inherent in them, and sheer subjective bias. It employs the principles of interpretation to show how to correctly interpret these provisions. It identifies some pitfalls and suggests measures to rectify them. Drawing from international sources, it posits that conferring industrial courts with exclusive and composite civil and criminal jurisdiction better promotes the ideals for which they are established. Primary and secondary sources are used. The primary source is made up of the 1999 Constitution of Nigeria, local statutes and cases, while the secondary source is made up of journal articles, books, the Internet, foreign statutes and cases. These materials are subjected to textual and comparative analysis.

Keywords: industrial court, labour court, industrial relations, employment, criminal jurisdiction,         exclusive jurisdiction.