Media
- Home
- Details
Hon. Justice Olufunke Anuwe of the Abuja Judicial Division of the National Industrial Court of Nigeria has called for stronger enforcement mechanisms and institutional accountability to ensure that injured workers and families of deceased employees receive their lawful compensation without unnecessary delays.
Justice Anuwe made the call while presenting a paper titled, “Standards of Proof, Enforcement of Judgments and Awards under the Employees’ Compensation Act 2010: Evidentiary Challenges, Compliance and Judicial Strategies,” at the 2026 Legal Stakeholders’ Engagement organised by the Nigeria Social Insurance Trust Fund (NSITF).
The Hon. Judge observed that the effectiveness of the Employees’ Compensation Act 2010 should not be measured merely by its statutory provisions or judicial decisions, but by whether legitimate claims are fairly determined and the resulting compensation actually paid to beneficiaries.
Addressing the burden of proof, Justice Anuwe emphasised the need to distinguish between statutory compensation under the Employees’ Compensation Act and common-law claims founded on negligence.
Milord explained that while negligence claims require proof of duty of care, breach and resulting damage, the statutory compensation scheme operates fundamentally on a no-fault basis, subject to establishing the employment relationship, qualifying injury and connection with employment.
Citing decisions including Emmanuel Ndifon v. Bel Impex Ltd and Mandela Imufa v. Nigeria Ouwade Company, she stressed that claimants must support their cases with credible evidence and comply with the applicable statutory procedures.
On medical and documentary evidence, Justice Abuwe noted that the admissibility of medical reports does not automatically determine their evidential weight. She urged courts to carefully examine their credibility, factual foundation and relevance in establishing the relationship between workplace exposure and an employee's medical condition.
Identifying major obstacles to compensation claims, Justice Anuwe listed delayed payments, inadequate records, disputes over responsibility and employers' failure to register with the NSITF or remit periodic contributions to the Employees’ Compensation Fund.
Justice Anuwe warned that such failures could undermine workers' access to statutory compensation and expose defaulting employers to liability.
Referring to Governor of Lagos State v. Ojukwu, she reiterated that public and private institutions must respect judicial decisions, stressing that administrative or financial powers cannot justify disobedience to lawful court orders.
To improve the enforcement of compensation awards, Justice Anuwe recommended stronger judicial case management, clear enforcement procedures, timely production of medical and employment records and prompt delivery of judgments.
Justice Anuwe also advocated the deployment of secure digital platforms to enable claimants to track compensation applications, receive notifications and monitor payment progress.
Additionally, she proposed electronic registers of judgments and outstanding obligations to strengthen accountability, alongside greater collaboration among the judiciary, legal practitioners, employers, the NSITF, labour unions and policymakers.
The judge charged employers to treat compliance with registration, contribution and reporting obligations as a legal responsibility, while urging the NSITF to improve claims assessment and ensure timely payment of legitimate entitlements.
Justice Anuwe concluded that the ultimate objective of the Employees’ Compensation Act must be to ensure that injured workers and bereaved families receive not merely the promise of compensation, but its actual benefits.
Download the presentation material HERE
