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The President of the National Industrial Court of Nigeria (NICN), Hon. Justice Benedict Bakwaph Kanyip, PhD, OFR has called for stronger enforcement of the Employees’ Compensation Act to ensure adequate protection and compensation for workers who suffer workplace injuries, disabilities or occupational diseases.
Justice Kanyip made the call while delivering the keynote address at the 2026 Legal Stakeholders’ Engagement organised by the Nigerian Social Insurance Trust Fund (NSITF), held on October 29 and 30 at Johnwood Hotel, Wuse Zone 5, Abuja.
In his welcome address, the Managing Director of the Nigeria Social Insurance Trust Fund (NSITF), Mr. Oluwaseun Faleye, Esq expressed appreciation for the presence of the Honourable Minister of Labour and Employment, Alhaji Muhammadu Dingyadi, PhD, and the President of the National Industrial Court of Nigeria, Hon. Justice B. B. Kanyip. He also acknowledged the distinguished judicial officers and other distinguished guests.
Reflecting on the importance of sustained institutional engagement, the Managing Director described the gathering as a further opportunity to deepen collaboration and cooperation towards the effective administration of the Employees’ Compensation Scheme.
Mr Faleye emphasized that the Employees’ Compensation Act represents more than a legal framework for the payment of benefits. It embodies a national commitment to ensuring that workers who suffer injuries, occupational diseases, disabilities or death in the course of employment, and their dependents where applicable, are not left to bear the consequences of work-related harm alone.
In his opening address, the Honourable Minister of Labour and Employment, Alhaji Muhammadu Dingyadi, PhD, highlighted the importance of cooperation among government institutions, the private sector and other stakeholders in strengthening workers’ protection and improving the administration of the Employees’ Compensation Scheme.
The Minister emphasized the need for effective guidance, increased public awareness, efficient administrative processes and sustained engagement with the judiciary and relevant stakeholders. He noted that platforms of this nature provide valuable opportunities to exchange experiences, examine policy and administrative challenges, and develop constructive solutions to issues affecting employment practices and workers’ welfare.
Speaking on the theme, “Enhancing Judicial Interpretation, Adjudication, and Enforcement under the Employees’ Compensation Act, 2010,” the NICN President described the Act as a major pillar of workplace social security in Nigeria, noting that it replaced the former Workmen’s Compensation Act with a no-fault compensation framework.
Hon. President explained that the scheme guarantees compensation to employees or their dependants for occupational injuries, diseases, disabilities or death, irrespective of whether the employer or employee was responsible for the incident.
Justice Kanyip noted that the Act requires employers to contribute a minimum of one per cent of their total monthly payroll to the Employees’ Compensation Fund, which is managed by the NSITF.
He urged courts to adopt progressive interpretations of the Act to accommodate modern employment arrangements, including casual workers, gig economy participants, third-party contractors and employees working remotely, who may otherwise be excluded from adequate protection.
On the relationship between statutory compensation and common-law negligence claims, Justice Kanyip explained that employees have two distinct legal options under the Act: seeking compensation through the NSITF or instituting a direct negligence action against their employers.
He stressed that the two options are mutually exclusive, warning that an employee who chooses one remedy cannot subsequently pursue the other for the same injury.
Citing decisions of the National Industrial Court, including Amina Hassan v. Airtel Networks Ltd & Anor and Mr Anthony Godwin Utibe v. Jiuxing Integrity Industries Ltd, My Lord highlighted the court’s position that the ECA does not extinguish an employee’s right to approach the court directly under common law, provided the statutory compensation route has not already been pursued.
On enforcement, Justice Kanyip called on the NSITF to strengthen employer audits, ensure compliance with the mandatory one per cent contribution, impose stiffer penalties for non-remittance and failure to report workplace injuries, and introduce fully automated systems for reporting workplace accidents and processing compensation claims.
Hon. President further proposed collaboration between the NSITF, the Nigeria Revenue Service and the Corporate Affairs Commission to improve monitoring and verification of employers’ contributions.
Justice Kanyip identified ambiguities and gaps in the ECA, particularly inconsistencies in references to the National Council on Occupational Safety and Health and questions surrounding the statutory framework establishing the Council. He urged judicial officers to resolve such ambiguities through appropriate interpretation and reliance on international labour standards.
In conclusion, Justice Kanyip emphasised that the effectiveness of the Employees’ Compensation Act would depend not merely on its statutory provisions but on proper judicial interpretation, efficient adjudication and strict enforcement, stressing the need for a compensation system that delivers timely justice and meaningful protection to injured Nigerian workers.
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