1.      INTRODUCTION

Last year, 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. This was followed by many frantic call last year on the President of NIC to create the Port-Harcourt Division of NIC. We are therefore glad to hear that the Rivers State House of Assembly has joined other well meaning Nigerians and organisations in making this call. 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 NIChowsoever 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 Adejumois 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 justiceas 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)