The National Industrial Court of Nigeria (NICN) has insisted that Nigeria’s ratification of the International Labour Organisation’s (ILO) Occupational Safety and Health Convention 1981 (Convention 155), and Promotional Framework for Occupational Safety and Health Convention 2006 (Convention 187) places a binding duty on the government to prevent workplace injuries and compensate affected workers.
Speaking at a legal stakeholders’ interactive session on the Employees Compensation Scheme (ECS) operation in Abuja.
President of NICN, Justice Benedict Kanyip, who highlighted the provisions of the National Occupational Safety and Health (OSH) Policy of 2020, said the policy applies to all workers – public, private, formal and informal – and covers all workplaces under employer control.
He explained that its objectives include improving working conditions, preventing work-related accidents, and providing occupational health services across all industries.
Kanyip warned that Nigeria must strengthen its implementation of international labour obligations to protect millions of employees across sectors.
He noted that occupational injuries ranging from physical harm to mental health challenges are becoming more prevalent and insisted that judicial officers must be fully equipped to interpret the complexities of workplace safety laws.
The judge further stressed the importance of the Employees’ Compensation Act (ECA), a no-fault social insurance system managed by the NSITF, which guarantees compensation for work-related injuries, diseases, disabilities, mental stress, and death.
He reminded employers of the legal requirement to contribute one per cent of their total monthly payroll into the Employees’ Compensation Fund, adding that deductions from employee wages are strictly prohibited.
While acknowledging the strength of the ECA, he warned that a strict or narrow interpretation of some sections could leave high-risk groups such as transport workers and delivery riders unprotected.
The NICN Judge urged a liberal judicial approach to ensure that all employees exposed to occupational hazards receive adequate compensation as intended under global labour standards.
The judge also referenced recent observations by the ILO Committee of Experts, which raised concerns about unclear protections for workers who withdraw from life-threatening work situations.
The committee requested Nigeria to provide updated measures to ensure workers cannot be penalised for refusing dangerous tasks, and that employers are barred from compelling them to return to hazardous conditions.
Commending the NSITF Managing Director and management team for organising the engagement, the judge described the session as timely, noting that workplace safety issues are becoming increasingly technical and require continuous learning.
He added that the workshop would enhance the capacity of judges and stakeholders in interpreting labour law disputes related to occupational safety, health violations, and compensation, thereby strengthening national efforts toward safer workplaces and fairer treatment for workers across Nigeria.
On his part, the Managing Director and Chief Executive of NSITF, Oluwaseun Falaye, identified workplace safety and social protection as a foundation for national development, saying they are social pillars of economic stability and national development.
“They are not just moral obligations, they are pillars of social justice and human dignity, they are pillars of Economic stability and national productivity.
“They are pillars of peace of mind for workers and risk mitigation for employers. When workers are safe, employers thrive and the nation prospers. In short, protecting workers is protecting the nation’s future,” he stated.
He lamented that Nigeria’s situation has been made worse by the lack of proper data, a large informal sector of the economy, high-risk sectors and an institutional culture of non-adherence to safety and non-compliance.
