TUC
RIVERS STATE CALLS ON THE PRESIDENT OF
THE NATIONAL INDUSTRIAL COURT HON.
JUSTICE BABATUNDE ADENIRAN ADEJUMO AND
THE MINISTER OF LABOUR TO QUICKLY CREATE
THE PORT HARCOURT DIVISION OF THE
NATIONAL INDUSTRIAL COURT(NIC)
1.
INTRODUCTION
Last week, precisely on Friday February
5 2010, the Rivers State Council of the
Trade Union Congress of Nigeria (TUC)
paid on courtesy call on Mr. Cletus
Nnadi the State Controller, Federal
Ministry of Labour and Productivity,
Rivers State. During the visit, we
requested the Ministry and the President
of the National Industrial Court Hon.
Justice Babatunde Adeniran Adejumo to
quickly create the Port Harcourt
Division of the National Industrial
Court (NIC) in view of the importance of
the NIC in industrial harmony and the
level of industrial activities in Port
Harcourt. IN DEED, IT IS VERY WORRISOME
THAT PORT HARCOURT IS THE ONLY MAJOR
INDUSTRIAL CITY IN NIGERIA WITHOUT A
JUDICIAL DIVISION OF THE NATIONAL
INDUSTRIAL COURT. It is important to
note that there is NO presence of the
NIC howsoever in Port Harcourt and this
is not good for industrial peace and
harmony in the oil capital of Nigeria.
2.
BACKGROUND
The National Industrial Court was
established in 1976 by Section 19 (1) of
the Trade Disputes Decree No.7 of 1976.
Section 19(1) of 1976 Act provides that
the Court shall have jurisdiction and
power as conferred on it by the said Law
or any other Act with respect to the
settlement of trade disputes, the
interpretation of collective agreements
and matters connected therewith. Later
In 1992, the Trade Disputes Act was
amended by the Trade Disputes
(Amendment) Decree No.47 of 1992, which
gave the National Industrial Court the
status of a High Court. In 2006 the
Federal Government of Nigeria passed The
National Industrial Court Act 2006 into
law. Section 7(1) of the National
Industrial Court Act 2006 provides that
the court shall exercise jurisdiction in
matters relating to labour, including
trade unions and industrial relations;
environment and conditions of work,
health, safety and welfare of labour,
collective agreement, any circumstances
relating to or seeking orders to
restrain any personal body from taking
part in any strike, lock out or
industrial action or any conduct in
contemplation or in furtherance of a
strike, lockout or any industrial
action; any question as to the
interpretation of any collective
agreement; any award made by an arbitral
tribunal in respect of a labour dispute
or an organisational dispute; the terms
of settlement of any labour dispute,
organisational dispute as may be
recorded in any memorandum of settlement
and any award, or judgement of the court
and states that the court has
jurisdiction and power to hear cases
arising from labour, trade dispute,
employment matters and all other matters
relating to trade activities. It is
also charged with the responsibility of
interpreting trade union contributions.
In addition Section 21 2006 NIC Act
states that the court shall have
jurisdiction throughout the federation.
3.
IMPORTANCE OF NIC IN ECONOMIC
DEVELOPMENT
Trade Unions through collective
bargaining seek to resolve labour
disputes and create an atmosphere of
industrial peace and harmony. However
when this fail they could be under
pressure to embark on industrial actions
such as picketing, strikes etc which
have great consequences for the economy
of Nigeria and the environment of
industrial relations. It is therefore
not in dispute that the implications of
such an unstable environment of
industrial relations for the economic
development of the country is huge. It
is in recognition of this fact The
National Industrial Court was
established in 1976 by Section 19 (1) of
the Trade Disputes Decree No.7 of 1976
as a specialized court to deal with
labour/industrial relations or related
matters especially in view of the fact
that the conventional courts and the
system of law they administer which is
essentially based on common law
principles are ill-suited for the
challenges of modern economics and so
can no longer adequately and speedily
deal with labour related issues.
The absence of the NIC in one of the
very major industrial cities in Nigeria,
and in deed the oil capital of Nigeria
poses a great danger to the maintenance
of industrial peace and Harmony.
4.
URGENT NEED FOR THE CREATION OF
THE PORT HARCOURT DIVISION OF THE
NATIONAL INDUSTRIAL COURT
As you are aware, Port Harcourt, the
capital of Rivers State is the
industrial nerve centre of Niger Delta
and the oil capital of Nigeria. It is no
doubt a beehive of industrial activities
and one of the major industrial cities
in Nigeria. We have however watched with
consternation the growth of the National
Industrial Court from one Division in
Lagos
to also having divisions in
Abuja, Enugu, Kano, Calabar, Ibadan, Jos
and Maiduguri.
Regrettably
there is no presence of the
National Industrial Court in Rivers
State.
The President of the court presently
Hon. Justice Babatunde Adeniran Adejumo
is empowered by law to create judicial
divisions so that the statutory
functions of the court may be
administered more effectively. In
consequence of this power, the court now
has judicial divisions sitting in
Lagos, Abuja, Enugu, Kano, Jos, Ibadan,
Maiduguri and Calabar.
IT IS IN DEED VERY WORRISOME THAT PORT
HARCOURT IS THE ONLY MAJOR INDUSTRIAL
CITY IN NIGERIA WITHOUT THE PRESENCE OF
THE NATIONAL INDUSTRIAL COURT.
The absence of the National Industrial
Court in Rivers State imposes serious
additional costs to aggrieved workers
and their labour Unions in Rivers State
in the pursuit of justice and is a
serious impediment to justice especially
considering the level of industrial
activities in Rivers State.
We therefore appeal to the Federal
Ministry of Labour and Productivity and
the President of the National Industrial
Court Hon. Justice Babatunde Adeniran
Adejumo to quickly create the Port
Harcourt Division of the National
Industrial Court as this will better
serve the cause of justice
as well as ameliorate the sufferings of
the aggrieved workers and their labour
unions who despite their very limited
resources have to shuttle between
Calabar, Enugu, Lagos, Abuja, Jos etc to
seek justice. The creation of the Port
Harcourt Division of the National
Industrial Court will also bring justice
has nearer to a lot of workers and their
labour unions who because of the heavy
industrial nature of Port Harcourt
reside in Rivers State. This will also
reduce the risk, stress and expenses
incurred by stakeholders in the course
of seeking redress in the Court. It will
also give hope to these stakeholders
that justice is nearer home.
Comrade Hyginus Chika Onuegbu FCA
State Chairman, Rivers State Council of
the Trade Union Congress of Nigeria (TUC) |
