• No. 3, Aguleri Street, off
  • Gimbiya Street Area 11, Garki, Abuja
JUDGEMENT

Frequently Asked Questions

OPERATIONS AND SERVICES

Understanding the Operations & Services of National Industrial Court of Nigeria Alternative Dispute Resolution Centre
  • Members of National Industrial Court of Nigeria?

    i. The Membership of the Court consists of the President of the Court and such number of Judges as may be prescribed by an Act of the National Assembly. ii. The President of the Court is responsible for the overall control and supervision of the administration of the Court. iii. The President of the Court is a qualified legal practitioner Nigeria of not less than ten years standing with considerable knowledge and experience in the law and practice of industrial relations and employment conditions in Nigeria. iv. A Judge of the Court is a qualified legal practitioner of not less than ten years standing with considerable knowledge and exper1�flcin the law and practice of industrial relations and employment in Nigeria.

  • Types of cases that come before the National Industrial Court of Nigeria?

    The Court is empowered to hear and resolve all-

    i. Disputes relating to or connected with employers and employees relationship;

    ii. Disputes relating to or connected with environment, conditions and or terms of work;

    iii. Disputes relating to or connected with health of workers;

    iv. Disputes relating to or connected with workplace safety;

    v. Disputes relating to or connected with welfare of labour, employee and workers;

    vi. Disputes relating to or connected with Factories Act, Trade Disputes Act, Trade Unions Act, Labour Act, Workmen�s Compensation Act or any other Act or Law relating to labour, employment, industrial relations, workplace or any other enactment replacing the Act or Laws;

    vii. Disputes relating to or connected with an order granted to restrain any person or body from taking part in any of the following;

    a. Strike; b. Lock-out; c. Industrial action; d. Conduct in contemplation or furtherance of a strike;

    viii. Disputes relating to or connected with any disputes over the interpretation and application of Human Rights as they relate to any employment, labour, industrial relations, trade unionism, employer�s association or any other matter which the Court has jurisdiction to hear and determine;

  • Continuation...Types of cases that come before the court?

    ix. Disputes relating to or connected with any dispute arising from minimum wage for the Federation or any part of the Federation; x. Disputes relating to or connected with unfair labour practice or international best practices in labour, employment and industrial relation matters; xi. Disputes relating to or connected with any dispute arising from discrimination or sexual harassment at workplace; xii. Disputes and matters relating to or connected with or pertaining to the application or interpretation of international labour standards; xiii. Disputes and matters relating to or connected with child labour, child abuse, human trafficking, or any matter connected therewith or related thereto; xiv. Disputes relating to determination of question as to the interpretation and application of any; a. collective agreement; b. an award made by an arbitration tribunal in respect of a trade dispute or trade union dispute; c. award or judgment of the Court; d. Trade union dispute or employment dispute as may be recorded in the memorandum of settlement; e. Trade union constitution, the constitution of an association of employers or any association relating to employment, labour, industrial relations or work place; xv. Disputes relating to or connected with any personnel matter arising from any free trade zone in the Federation or any part thereof; xvi. Disputes relating to or connected or arising from payment or non-payment of salaries, wages, pensions, gratuities, allowances, and benefits and any other entitlement of any employee, worker, political or public office holder, a judicial officer, or any civil or public servant in any part of the Federation and matters incidental thereto; xvii. Disputes relating to or connected with- (a) Appeals from the decisions of the Registrar of Trade Unions, or matters relating thereto or connected therewith; (b) Appeals from the decisions recommendations of any administrative body or commission of enquiry, arising from or connected with employment, labour, trade unions or industrial relations; (c) Such other jurisdiction, civil or criminal and whether to the exclusion of any other court or not xviii. Disputes relating to or connected with registration of collective agreement; xix. Disputes relating to, connected with or pertaining to the application of any international convention, treaty or protocol of which Nigeria has ratified, relating to labour, employment, workplace, industrial relations or matters connected therewith; xx. Entertain any application for the enforcement of the award, decision, ruling or order made by any Arbitral Tribunal or Commission, or Administrative body or Board of Inquiry relating to or connected with, arising from or pertaining to any matter which it has jurisdiction to entertain.

  • What is Alternative Dispute Resolution (ADR)?

    Alternative Dispute Resolution hereinafter referred to as ADR for the purpose of the National Industrial Court of Nigeria includes the use of mediation and/or conciliation process by a neutral or an impartial third partyto facilitate the resolution of any dispute that is referred to the Centre.

  • What are the advantages of the ADR?

    (I) enhances and facilitates quick, efficient and equitable resolution of certain employment, labour and industrial relations disputes within the jurisdiction of the Court;

    (ii) minimizes, reduces, mitigates and eliminates stress, costs and delays injustice delivery by providing a standard Alternative Dispute Resolution framework for fair, efficient and amicable settlement of disputes;

    (iii) assists disputants in the resolution of their disputes without acrimony or bitterness.

  • What is Alternative Dispute Resolution (ADR) Centre?

    By the provisions of Section 254C(3) of the 1999 Constitution of the Federal Republic of Nigeria, (as amended by the Third Alteration Act, 2010), and by virtue of Article 2 paragraph (1) of the National Industrial Court of Nigeria ADR Centre Instrument, 2015, the National Industrial Court of Nigeria has power to establish an Alternative Dispute Resolution Centre, within the premises of the Court on matters on which jurisdiction is conferred on the Court.

    The Alternative Dispute Resolution Centre is established to resolve certain disputes arising from labour, employment, industrial relations, work pIace, Issues etc, between parties using the process of mediation and/or conciliation.

  • Can I request for adjournment in a mediation and/or conciliation process?

    Yes. You can request for adjournment but not more than two adjournments during a mediation and/or conciliation process on a matter.

  • Can my lawyer or any other person participate in the ADR process?

    Yes. Your lawyer is allowed to participate in the ADR process if you so wish. You have to inform the Director of the Centre of the persons you want to participate in the AD R process and the role they are likely to play. The Centre allows parties that will enhance the amicable resolution of your matter. The Centre will not allow any person who is not a party to the dispute to participate in the session.

  • How can I enforce the attendance of a person to attend the ADR session?

    If you have person who you think can assist or aid the resolution of your matter you can apply to the Director of the Centre for subpoena to enforce the attendance of such person.

  • What is my lawyer expected to do when my matter is being resolved?

    Your lawyer is expected to: (I) assist the ADR officer(s) in constructive dialogue or negotiation towards an amicable resolution of the matter; (ii) prepare you his client(s) prior to mediation or conciliation by explaining the procedure to be followed and particularly what the roles of both counsel and parties are; (iii) serve as advocate in your interest; (iv) make brief opening summaries of the issues; (v) allow the parties to engage and participate in the mediation or conciliation process.

  • How will the President of the Court or a Judge of the Court know the progress of my matter that he has referred to the ADR Centre?

    The President of the Court or the Judge of the Court that referred your matter will know the progress of your matter at the Centre only when it is concluded. The ADR Officer will submit a report of the outcome of mediation and/or conciliation of your matter to Director of the Centre. The Director will forward the report of the outcome of the mediation and/or conciliation session(s) to the President of the Court or the Judge of the Court who made the referral. The President of the Court or the Judge of the Court will act according to the content of the report received.

  • What happens if my matter is amicably resolved at the Centre?

    Where your matter is amicably resolved, the ADR Officer(s) facilitating resolution of your dispute will prepare a document stating the terms of settlement between you and the other party(ies). You and the parties are allowed to read and agree to the terms of settlement or may mutually request for correction of any part of the terms of settlement. If you and other party(ies) are satisfied with the content of the terms of settlement, you and the other party(ies) wilI be requested to sign the document. The signed terms of settlement are binding on you and the other parties.

  • What happens to the terms of settlement?

    After you have signed the terms of settlement, the file of your matter will be returned to the President of the Court or the Judge of the Court, so that the terms of settlement can be adopted and entered as the judgment of the Court. The Court will send to you a hearing notice stating the Court, date and time inviting you for your terms of settlement to be adopted and pronounced as the judgment of the Court.

  • Can I enforce the terms of settlement which has been adopted as the judgment of the Court?

    Yes. It is a judgment of the Court and it can be enforced accordingly. You can apply for the enforcement of your terms of settlement even if you applied or opted that your matter be resolved by the ADR Centre.

  • Would I still pay for the services of the lawyer since my matter is resolved at the Centre?

    Yes. You will be expected to pay for the services of your lawyer, since you engaged him and he participated in the resolution of the dispute at the Centre.

  • What is the purpose of the Centre?

    The purpose of the Centre is to use the Alternative Dispute Resolution techniques to assist parties to resolve their dispute and arrive at mutually acceptable agreement in less costly, speedy and efficient manner. It is aimed at preserving relationship through reconciliation of parties in dispute thereby engendering industrial peace and harmony ingredients that are germane for economic and industrial development of the country.

  • How does ADR Centre operate?

    The ADR Centre uses mediation and/or conciliation process to facilitate the resolution of disputes between parties in order to arrive at a win-win settlement.

  • Is the ADR Centre part or independent of the Court?

    The ADR Centre is part and parcel of the National Industrial Court of Nigeria. The members of staff of the Centre are also members of staff of the Court. The Centre is not independent. The members of staff are under the control and supervision of the President of the Court and under the administrative oversight of the Chief Registrar of the Court 1.9 Which subject matters can the ADR Centre resolve? The Centre can only resolve matters relating to or connected with the following. They are matters-

    (a) relating to or connected with any labour, employment, trade unions, industrial relations and matters arising from workplace, the conditions of service, including health, safety, welfare of labour, employee, worker and matters incidental thereto or connected therewith. (b) relating to or connected with disputes arising from any strike, lockout or any industrial action, or any conduct in contemplation or in furtherance of a strike, lock-out, or any industrial action and matters connected therewith or related thereto; (c) relating to or connected with disputes arising from payment or nonpayment of salaries, wages, pensions, gratuities, allowances, benefits, and any other entitlement of any employee, worker, political or public office holder, judicial officer, or any civil or public servant in any part of the Federation and matters incidental thereto; and (d) provisions of Section 7(1)(a) and(b) of National Industrial Court Act, 2006 namely matters relating to (i) labour, including trade unions and industrial relations; and (ii) environment and conditions of work, health, safety and welfare of labour, and matters incidental thereto.

  • Are there other areas of the jurisdiction the Centre cannot entertain?

    There are areas of the jurisdiction of the Court that the Centre cannot entertain. The areas are; (I) on interpretation of labour and industrial relations or employment laws; or (ii) that challenge the jurisdiction of the Court; (iii) Criminal Matters

  • How do I bring my matter (case) to the Centre?

    You bring your matter to the Centre by filing it at the Registry of the Court. After your matter is assigned to any of the Judges of the Court, the President of the Court or a Judge of the Court may after evaluating the nature of your matter, refer your matter to the Centre.

    The Judge of the Court to who the matter is assigned may refer your matter to the ADR Centre after alt interlocutory applications on the matter have been heard by the Court.

    You can also get your matter to the Centre after you have filed with the Registry of the Court apply to the President of the Court requesting that you want your matter to be resolved through the use of mediation and/or conciliation technique.

  • Can I bring any new application to the Court after my matter is referred to the Centre?

    No. You are not permitted to bring any application to the Court after your matter has been referred to the Centre for mediation and/or conciliation. The Centre also cannot entertain any application either interlocutory or grant an order or interpret any law. It has no power to do so.

  • Can I apply to the Court after commencement of my action in the Court that I prefer that my matter be resolved at the Centre?

    Yes, if all the parties in your matter mutually opt that the matter be resolved through the mediation and/or conciliation process.

  • Who will resolve my matter at the Centre?

    Your matter can be resolved by officers of the Court who are referred to as ADR Officers. The ADR Officers of the Court are legal practitioners who are well trained in the art of Alternative Dispute Resolution techniques including mediation and/or conciliation amongst others. There are other ADR Officers who are so designated because their professional expertise assists and enhances the resolution of a dispute.

  • What happens if I am dissatisfied with the ADR Officer(s)?

    When you are not satisfied with the ADR Officer(s) facilitating your matter due to any act of misconduct or unethical behavior during the session, you may apply to the Director of the Centre stating your complaints and requesting for a change of the ADR Officer(s). Your complaints will investigated and acted on accordingly.

  • Can I make my choice of a mediator or conciliator for my matter?

    No, you cannot choose your mediator or conciliator. The ADR Centre is a Court establishment and just as is the practice of the Court a party cannot choose the Judge that will hear & determine his or her matter. The Centre has well trained staff in the art of dispute resolution using the mediation or conciliation processes to facilitate the resolution of your matter.

  • Am I allowed to disclose or discuss issues that transpire during the mediation or conciliation session(s) with a non-party in the matter?

    No. You are not allowed to disclose or discuss the goings in the process with non-parties in the matter. The ADR technique emphasizes the principle of confidentiality and non-disclosure of issues in the mediation and/or conciliation process. You are expected to keep the issues that transpire at the session to yourself.

  • Can I make my choice of a mediator or conciliator for my matter?

    No, you cannot choose your mediator or conciliator. The ADR Centre is a Court establishment and just as is the practice of the Court a party cannot choose the Judge that will hear & determine his or her matter. The Centre has well trained staff in the art of dispute resolution using the mediation or conciliation processes to facilitate the resolution of your matter.

  • What happens if! cannot communicate in English language?

    If you a non-English speaking party or any of the parties in your matter is non-English speaking, all your documents are expected to be translated to the language you or that party are conversant with. You may also apply to the Centre for the use of a translator in the language you conveniently communicate in.

  • What am I expected to do when my matter is referred to the Centre?

    You will be expected to: (I) Cooperate and work together with the ADR Officer(s) of the Centre in the administration and handling of your matter; (ii) consider the adoption of ADR procedures for resolving your claims or issues when encouraged to do so by the Court, your counsel or the Centre; (iii) ensure regular and punctual attendance of sessions; (iv) attend ADR sessions in good faith without undue request for adjournments or unwarranted delays and comply with directives from the Court and the Centre; (v) respect all the guiding principles set by the ADR Officer(s) for the proceedings, such as, confidentiality of session, comportment, control of emotions, utterances, etc; (vi) recognize that the ADR is aimed at a win-win situation, with due consideration for give and take; (vii) prepare adequately for an ADR session, be actively involved and be willing to explore various options towards settlement; (viii) in a situation where an amicable settlement agreement has been reached and a term of settlement drawn through mediation or conciliation process but your counsel refuses to execute the agreement, you are at liberty to execute the terms of settlement on your own. (ix) appear before the Centre, but may or may not agree to settle your disputes at the ADR sessions.

  • How long will it take the Centre to resolve my matter?

    Your matter can be resolved as quickly as possible depending on the cooperation, understanding and mutual submission of the parties to the ADR process. The Centre has by its Rules provided that a matter may be resolved within 21 working days. Additional 10 days and not more can be requested peradventure the matter could not be resolved within the first 21 working days.

  • What happens if my matter is not resolved by ADR process?

    If your matter is not resolved especially due to some reasons, the ADR Officer(s) will submit a memorandum without the records of the sessions to the Director of the Centre who will forward same to the President of the Court or the Judge of the Court that referred the matter. The Director will not forward any record of the mediation and/or conciliation sessions at the Centre to the Court. When your matter is returned to the Court, the Centre will inform you of this development, and the Court will set your matter down for continuation of hearing according to the Rules of the Court.

  • Can my lawyer continue to handle my matter when returned to the Court?

    Yes. Your lawyer can continue to handle the matter in the Court except you decide otherwise. However, none of the ADR Officers is allowed to represent you or continue with you when the matter is before the Court.

  • Where are the ADR Centres located?

    The ADR Centres are located in the premises of the following Judicial Divisions of the Court.

    (i) Abuja ADR Centre in Abuja Judicial Division. No 10, Port Harcourt Crescent Off Gimbiya Street P.M.B 623 GarkI Ab�ja FCT Nigeria 0704-344-2821

    (ii) Gombe ADR Centre in Gombe Judicial Division. Ashaka Road, Opp Police Zonal Office Gombe 0815-950-2361

    (vi) Ibadan ADR Centre in Ibadan Judicial Division Court Road, Opp Federal High Court Off Adeoyo Ring Road, lyaganku G RA, Oyo State 0704-075-4320

    (iii) Kano ADR Centre in Kano Judicial Division GP 381, New Court Road, Gyadi-Gyadi, Kano, Kano State.0704-010-1230 (iv) Enugu ADR Centre in Enugu Judicial Division

    No 6, Aguleri Street, Independence Layout, GRA Enugu, Enugu State 0704-075-4305

    (v) Warri ADR Centre in Warn Judicial Division High Court of Justice Premises, Opp. Police Headquarters.

  • Where can I get more information on the activities of the Court and the Centre?

    You can get more information about the Court and the Centre from the following publications:

    (i) 1999 Constitution of the Federal Republic of Nigeria (as amended)

    (ii) National Industrial Court Act, 2006

    (iii) National Industrial Court of Nigeria Rules, 2007

    (iv) National Industrial Court of Nigeria, Alternative Dispute Resolution Centre Instrument, 2015

    (v) National Industrial Court of Nigeria Alternative Dispute Resolution Centre Rules, 2015.

    (vi) Trade Dispute Act Cap 432 LFN 2004

    (vii) Access to the Operations of the National Industrial Court of Nigeria;

    (viii) Brochure of the National Industrial of the National Industrial Court of Nigeria

    (ix) National Industrial Court of Nigeria website www.ncin.gov.ng

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