Expanding frontiers of ADR: National Industrial Court of Nigeria approach

The President of the National Industrial Court of Nigeria, Hon. Justice B.A Adejumo, recently caused to be established the National Industrial Court of Nigeria Alternative Dispute Resolution (ADR) Centre with its accompanying National Industrial Court of Nigeria Alternative Dispute Resolution (ADR) Centre Rules, 2015.

Power To Establish The ADR Centre:
There is no gainsaying the fact that by the provisions of Section 254(3) of the 1999 Constitution of the Federal Republic of Nigeria, (as amended by the Third Alteration Act, 2010), the National Industrial Court of Nigeria has power to establish an Alternative Dispute Resolution Centre within the premises of the Court on matters on which jurisdiction is conferred on the Court. It is therefore in exercise of this power conferred by the above section of the Constitution that the President of the Court has established the said ADR Centre. The question of the source of power, the authority and legality of such power and authority is therefore not in doubt.

Besides this constitutional provision, section 1 (2) (a) of the National Industrial Court Act, 2006 confers on the President of the Court overall control and supervision of the administration of the Court. Specifically also, section 20 of the same Act empowers the Court to promote reconciliation, encourage and facilitate amicable settlement of disputes among parties thereto. The tone has clearly been statutorily set for alternative approaches for amicable settlement of labour, employment and industrial disputes.

Justification For Reform In The Sector:
It is common knowledge that labour and human resource is the life wire of any organization and a critical factor in the production process in any economy. Conflict is therefore an inevitable reality in any given assemblage of human beings. Consequently, industrial peace is not a luxury but a necessity for the smooth operations, productivity and profitability of an organization, the absence of which results in retardation in development and economic hemorrhage. The need for speedy resolution of industrial and labour related disputes cannot therefore be overemphasized.

The radical reform in the labour and industrial sector of the economy especially in the area of statutory reforms has brought to bear the Labour Act, the Trade Disputes Act, the establishment of the Industrial Arbitration Panel, the National Industrial Court Act and most recently the Third Alteration Act, 2010 to the 1999 Constitution of the Federal Republic of Nigeria. The latter has greatly enhanced the powers of the National Industrial Court of Nigeria (hereinafter referred to as the Court), and expanded its jurisdiction. It equally made the Court a Superior Court of Record thereby putting an end to the hitherto controversy. The Court has been made both the Court of first instant, Court of Appeal from the decision of the Industrial Arbitration Panel, and a final Court depending on the nature of the matters before it. It is trite that Appeals as of right from the decisions of the Court can only go to the Court of Appeal in matter of fundamental right of fair hearing.

The overall need to extricate labour and industrial related matters from the busy schedules of the regular Courts informed the establishment of this specialized Court for speedy dispensation of justice. The wisdom behind this can hardly be faulted. Thus far, the National Industrial Court of Nigeria has been performing to its expectations and legal mandate. The Court currently has about twenty judicial divisions spread across the country. The ripple effect of this is numerous to be recounted here.

The speed with which decisions and judgments from the Court are given have proved skeptics wrong. The maxim “justice delayed is justice denied” has no place in the Court as there is no room for delayed justice here. The standard of judgments and decisions emanating from these courts are comparable with those from other jurisdictions, superior courts of record and indeed other countries.

In terms of practice, the jurisprudence of labour law practice in Nigeria has been greatly enhanced. Labour law materials and texts are being published. This include the Nigerian Labour Law Reports, a specialized law report of decisions and judgments on labour, employment and industrial relation and other related matters from the Superior Courts of Record in the country edited by Barrister Enobong Etteh, Law and Practice of the National Industrial Court written by Bamidele Aturu, of blessed memory. The study of labour and employment law either as compulsory or elective course of study has been embraced in our various higher institutions of leaning.

The Imperativeness of Alternative Disputes Mechanism and ADR Centre:
It is in line with the above and more, that the establishment of the National Industrial Court of Nigeria Alternative Dispute Resolution (ADR) Centre and its accompanying Rules is seen as a welcome development and a positive departure from the hitherto regime of dogmatic approach to issues.

Alternative Disputes Resolution mechanisms have long been embraced in most advanced jurisdictions of the world and our country cannot be an exception, though it has long existed especially as a traditional mode of dispute resolution. What is even more unique is the establishment of the Centre within the premises of the Court itself. The merits of ADR in the justice delivery sector of the country have been noted by several authors which we do not intend to repeat.

• Ekpo is a legal Practitioner