Tag Archives: National Industrial Court

ALL decisions of the National Industrial Court are appealable to the Court of Appeal.

 

Skye Bank Plc v. Iwu [2017] 16 NWLR (Pt. 1590) 24 at 105-106, paras. H-E, per Nweze, JSC:

“In all, then, on a holistic interpretation of sections 240 and 243(1) of the 1999 Constitution, appeals lie from the trial court (National Industrial Court) to the lower court (Court of Appeal), that is, all decisions of the trial court are appealable to the lower court: as of right in criminal matters, [section 254c(5) and (6)] and fundamental right cases, [section 243(2)]; and with the leave of the lower court, in all civil matters where the trial court has exercised its jurisdiction, sections 240 read conjunctively with sections 243(1) and (4). The answers to the questions posed to this court in this case statement, therefore are: (a) the lower court, that is the Court of Appeal, has the jurisdiction, to the exclusion of any other court in Nigeria, to hear and determine all appeals arising from the decisions of the trial court, that is, the National Industrial Court; (b) no constitutional provisions expressly divested the said Court of Appeal of its appellate jurisdiction over all decisions on civil matters emanating from the trial court, the National Industrial Court; and (c) as a corollary, the jurisdiction of the Court to hear and determine civil appeals from the decisions of the National Industrial Court is not limited, only, to fundamental rights matters.”

Blogger’s Note:

The above epoch-making decision of the Supreme Court has laid to rest the controversies surrounding the legal status of the decisions of the National Industrial Court (NIC). Taken that presently, many are already aware of this decision, we shall here highlight the deducible rationale behind the majority decision and the reasoning of the Supreme Court (in no particular order). Continue reading ALL decisions of the National Industrial Court are appealable to the Court of Appeal.

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