CONSTITUTION OF Tim Fl~DERAL RI~PUBLIC OF NIGERIA

(THIRD ALTERATION) ACT, 2010

EXPLANATORY MEMORANDUM

Tl1i:' ;\ct further alters the provisions of the Constitution ofthc Federal Republic of
Nigeria for the establishment of the National Industrial Court under the
Constitution.
 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGEIUA
(THIRD ALTERATION) ACT,2010

ARRANGEMENT OF SECTIONS

Section:

1. Alteration of Cap. C23 LFN, 2004

2. Alteration of section 6 of the Principal Act

3. Alteration of section 84 ofthe Principal Act

4. Alteration of section 240 of the Principal Act

5. Alteration of section 243 of the Principal Act

6. Insertion of new sections 254A -· 254F

7. Alt~:ration of section 287 of the Principal Act

8. Alteration of section 289 of the Principal Act

9. Alteration of section 292 ofthc Principal Act

10. Alteration of section 294 of the Principal Act

11. Alteration of section 295 of the Principal Act

12. Alteration of section 316 of the Principal Act

13. Alteration of section 318 of the Principal Act

14. Alteration of the Third Schedule to the Principal Act

15. Alteration of the Seventh Schedule to the Principal Act

16. Citation
 CONSTITUTION OF THE FEDERAL H.EJ>UBLIC OF NIGERIA
(THIRD ALTERATION) ACT, 2010

A BILL

FOR

An Act to alter the Constitution of the Federal Republic of Nigeria Cap. C.23, Laws of the
Federation of Nigeria, 2004 for the establishment of the National Industrial Court under
the Constitution.

Commcncc1ncnt

ENACTED by the National Assembly of the Federal Republic ofNigeria-

J\ Iteration of
l. The Constitution of the Federal Republic of Nigeria Cap. C23, Laws of the Cap. C23,
Federation of Nigeria, 2004 (in this Act referred to as "the Principal Act") is LFN, 2004
alll:rcd as set out under this Act.

2. Section 6 of the Principal Act is altered in subsection ( 5) by inserting Allcr<Hion of

section 6 of the
immediately alter the existing paragraph (e) a new paragraph "( ee )"- Principal Act

"(cc) the National Industrial Court"

~
Alten.ltion of
,) ' Section 84(4) of the Principal Act is altered by inserting immediately after section 84 of the
Principal Act
the words "Judge of the Federal High Court" in line 4, the words ''President
of the National Industrial Court, Judge of the National Industrial Court".

Altcralion of
4. Section 240 of the Principal Act is altered by inserting immediately after the sct.:tion 21W uftht:
words "Federal High Court" in line 3. the words "the National Industrial Principal Act.

Court".

5. Section 243 of the Principal Act is altered by- Alteration of

section 243 of the
Principal Act.
(a) inserting immediately after the words "Federal High Court" in the
marginal note, the words "National Industrial Court"; and
(b) inserting immediately after the existing section 243, new subsections
"(2) (4)"-

"(2) An appeal shall lie from the decision of the National Industrial
Court as of right to the Court of Appeal on questions of
 fundamental rights as contained in Chapter IV of this
Constitution as it relates to matters upon which the National
Industrial Court has jurisdiction.

(3) An Appeal shall only lie fi·mn the decision of the National
Industrial Court to the Court of Appeal as may be prescribed
by an Act of the National Assembly: Provided that where an
Act or Law prescribes that an appeal shall lie ii·om the
decisions of the National Industrial Court to the Court of
Appeal, such appeal shall be with the leave of the Court of
Appeal.

(4) Without prejudice to the provisions of section 254C (5) of this

Act the decision of the Court of Appeal in respect of any
appeal arising from any civil jurisdiction of the National
Industrial Court shall be final"; and

(c) renumbering section 243 as new section "243 (!)".

Chapter VI L Part I of the Principal Act is altered by inserting immediately ll:'"'l:rtin:l ur llt:\\
after section 254 a new sub-heading "(cc)"' and sections ··254A- 254F"- sub·headmg .. (ccr-
nnd sections
254A ~ 254F

"CC- The National Industrial Court of Nigeria

Establishment 254A- (I) There shall be a National Industrial Court of Nigeria.

and
(lllllj)OSitJOil of
NatJonal (2) The National Industrial Court shall consist of:
lndustnal

(a) President of the National Industrial Court; and

(b) such number of Judges of the National Industrial Court as

may be prescribed by an Act of the National Assembly.

;\ppnlntmt:nt of
254 B- (I) The appointment of a person to the oiTice of President of the
Pr~sid~-.·nt and
National Industrial Court shall be made by the President on the
ludgc:-; or the
recommendation of the National Judicial Council subject to
Nationtll
confirmation of such appointment by the Senate.
Industrial (\mrt

(2) The appointment of a person to the oilice of a Judge of the

National Industrial Court shall be made by the President on the
recommendation of the National Judicial Council.

(3) A person shall not be eligible to hold the o!Tice of a President

 of the National Industrial Court unless the person is qualified
to practice as a legal practitioner in Nigeria and has been so
qualiJied for a period of not less than ten years and has
considerable knowledge and experience in the law and practice
of industrial relations and employment conditions in Nigeria.

(4) A person shall not be eligible to hold the office of a Judge of

the National Industrial Court unless the person is a legal
practitioner in Nigeria and has been so qualified for a period of
not less than ten years and has considerable knowledge and
experience in the law and practice of industrial relations and
employment conditions in Nigeria.

(5) If the oJlicc of the President of the National Industrial Court is

vacant, or if the person holding the office is for any reason
unable to perform the functions of the of1icc, then, until a
person has been appointed to and assumed the functions of that
ollicc or until the person holding the office has resumed those
functions, the President shall appoint the most senior Judge of
the Court having the qualiJication to be appointed as President
of the National Industrial Court as provided under subsection
(3) of this section to perform those functions.

(6) Except on the recommendation of the National Judicial

Council, an appointment pursuant to the provisions of
subsection (5) of this section shall cease to have effect after the
expiration of three months from the elate of such appointment
and the President shall not re-appoint a person whose
appointment has lapsed.

Jurisdiction 254 C- (I) Notwithstanding the provisions of sections 251, 257, 272 and
anything contained in this Constitution and in addition to such
other jurisdiction as may be conferred upon it by an Act of the
National Assembly, the National Industrial Court shall have
and exercise jurisdiction to the exclusion of any other court in
civil causes and matters-

(a) relating to or connected with any labour, employment,

trade unions, industrial relations and matters arising
from workplace, the conditions of service, including
health, safety, wei f~1rc of labour, employee, worker and
matters incidental thereto or connected therewith;

(b) relating to, connected with or arising from Factories Act,

Trade Disputes Act, Trade Unions Act, Labour Act,
Employees' Compensation Act or any other Act or Law
relating to labour, employment, industrial relations,
 workplace or any other enactment replacing the Acts or
Laws;

(c) relating to or connected with the grant of any order

restraining any person or body from taking part in any
strike, lock-out or any industrial action, or any conduct
in contemplation or in furtherance of a strike, lock-out
or any industrial action and matters Connected
therewith or related thereto;

(d) relating to or connected with any dispute over the

interpretation and application of the provisions of
Chapter IV of this Constitution as it relates to any
employment, labour, industrial relations, trade unionism,
employer's association or any other matter which the
Court has jurisdiction to hear and determine;

(c) relating to or connected with any dispute arising from

national minimum wage for the Federation or any part
thereof and matters connected therewith or arising
there from;

(f) relating to or connected with unfair labour practice or

international best practices in labour, employment and
industrial relation matters;

(g) relating to or connected with any dispute ansmg from

discrimination or sexual harassment at vvorkplacc;

(h) relating to, connected with or pertaining to the

application or interpretation of international labour
standards;

(i) connected with or related to child labour, child abuse,

human trafficking or any matter connected therewith or
related thereto;

(j) relating to the determination of any question as to the

interpretation and application of any-

(i) collective agreement;

(ii) award or order made by an arbitral tribunal in

respect of a trade dispute or a trade union dispute;

(iii) award or judgment of the Court;

 (iv) term of settlement of any trade dispute;

(v) trade union dispute or employment dispute as may

be recorded in a memorandum of settlement;

(vi) trade union constitution, the constitution of an

association of employers or any association relating
to employment, labour, industrial relations or work
place;

(vii) dispute relating to or connected with any

personnel matter arising from any free trade zone in
the Federation or any part thereof;

(k) relating to or connected with disputes ansmg from

payment or nonpayment of salaries, wages, pensions,
gratuities, allowances, benefits and any other entitlement
of any employee, worker, political or public office
holder, judicial o1Ticcr or any civil or public servant in
any part of the Federation and matters incidental thereto;

(I) relating to-

(i) appeals from the decisions of the Registrar of Trade
Unions, or matters relating thereto or connected
therewith;

(ii) appeals from the decisions or recommendations of

any administrative body or commission of enquiry,
arising fi·om or connected with employment, labour,
trade unions or industrial relations; and

(iii) such other jurisdiction, civil or criminal and

whether to the exclusion of any other court or not,
as may be conferred upon it by an Act of the
National Assembly;

(m) relating to or connected with the registration of

collective agreements.

(2) Notwithstanding anything to the contrary in this Constitution, the

National Industrial Court shall have the jurisdiction and power to deal
with any matter connected with or pertaining to the application of any
international convention, treaty or protocol of which Nigeria has
ratified relating to labour, employment, workplace, industrial
relations or matters connected therewith.
 (3) The National Industrial Court may establish an Alternative Dispute
Resolutions Centre within the Court premises on matters which
jurisdiction is conferred on the court by this Constitution or any Act
or Law:

Provided that nothing in this subsection shall preclude the National

Industrial Court from entertaining and exercising appellate and
supervisory jurisdiction over an arbitral tribunal or commission,
administrative body, or board of inquiry in respect of any matter
that the National Industrial Court has jurisdiction to entertain or
any other matter as may be prescribed by an Act of the National
Assembly or any Law in force in any part of the Federation.

( 4) The National Industrial Court shall have and exercise jurisdiction

and powers to entertain any application for the enforcement of the
award, decision, ruling or order made by any arbitral tribunal or
commission, administrative body, or board of inquiry relating to,
connected with, arising from or pertaining to any matter of which the
National Industrial Court has the jurisdiction to entertain.

(5) The National Industrial Court shall have and exercise jurisdiction
ami powers in criminal causes and matters arising from any cause or
matter of which jurisdiction is conferred on the National Industrial
Court by this section or any other Act of the National Assembly or by
any other law.

(6) Notwithstanding anything to the contrary in this Constitution, appeal

shall lie from the decision of the National Industrial Court from
matters in sub-section 5 of this section to the Court of Appeal as of
right.

Powers 254D- (I) For the purpose of exercising any jurisdiction conferred upon it by
this Constitution or as may be conferred by an Act of the National
Assembly, the National Industrial Court shall have all the powers
of a High Court.

(2) Notwithstanding subsection (I) of this section, the National

Assembly may by law, make provisions conferring upon the
National Industrial Court powers additional to those conferred by
this section as may appear necessary or desirable for enabling the
Court to be more cffccti ve in exercising its jurisdiction.

illl:-!itnllun of 254 E-( 1) For the purpose of exercising any jurisdiction conferred upon it
l' l.Pllrl
by this Constitution or any other law, the National Industrial Court
shall be duly constituted if it consists of a single Judge or not more
than three Judges as the President of the National Industrial Court
 may direct.

(2) For the purpose of exercising its criminal jurisdiction, the President
or the Court may hear and determine or assign a single Judge of the
Court to hear and determine such matter.

(3) For the purpose of exercising any jurisdiction conferred upon it by

the Constitution or any other law. the Court may. if it thinks it
expedient to do so or in a manner prescribed under any enactment,
law or rules of court, call in the aiel of one or more assessors
specially qualified to try and hear the cause or matter wholly or
partly with the assistance of such assessors.

( 4) For the purpose of subscction(3) of this section, an assessor shall be

a person who is qualified and experienced in his field of
specialization and who has been so qualified for a period of not less
tha11 ten years.

Pr<tUJCl' and 254F-( I) Subject to the provisions of any Act of the National Assembly, the
prtlCl'durc President of the National Industrial Court may make rules for
regulating the practice and procedure of the National Industrial
Court.

(2) For the purpose of excrctsmg its criminal jurisdiction, the

provisions of the Criminal Code, Penal Code, Criminal Procedure
Act, Criminal Procedure Code or Evidence Act shall apply".

7. Section 2~0(3) or the Principal Act is altered by inserting "the National Allcration of
section 287 of tl1e
Industrial Court" immediately aller, "the Federal High Court", in lines I and Principal Act
4 respectively.
Alteration of
8. Section 289 of the Principal Act is altered by inserting immediately after the s~:ction 289 of the
Principal Act.
words '·a Judge of the Federal High Court or" in line 2, the words "Judge of
the National Industrial Court".

Alteration of
9. Section 292 of the Principal Act is altered in subsection (I )(a) (i), line 2, by section 292 of the
inserting immediately after the words "Federal High Court" the words, Principal Act

"President of the National Industrial Court".

Alteration of
I 0. Section 294(4) of the Principal Act is altered by inserting immediately after section 294 0fthc
the word "Appeal'' in line 2. the words "or the National Industrial Court". Principal J\cl

II. Section 295 of the Principal Act is altered- Alteration of

sed ion 295 or the
(a) in subsection (I), by inserting immediately alter the word ''or" m ~'"''"'~'"'Act.
 lines 4 and 7, the words, ''the National Industrial Court";

(b) in subsection (I )(b), by inserting immediately after the word "or" in

line 3, the words, "National Industrial Court or''; and

(c) in subsection (2). by inserting immediately alkr the word "or'' in line
2, the words, "National Industrial Court or".

Alteration of
Section 316 of the Principal Act is altered by inse1iing a new subsection section 316 of the

12. r·
''( 5 after the existing subsection (4 )- Principal i\cL

·'(5) Notwithstanding the provisions of this section the National Industrial

Court Act 2006 and any office or authority established and charged with any
function under the Act. shall be deemed to have been duly established and
shall continue to be charged with such function by virtue of this Constitution
or in accordance with the provision of a law made thereunder".

13. Section 318 of the Principal Act is altered by inserting the words- Alteration of
section 318 ofthe
Print:ipal Act
(a) "the office of the President or Judge of the National Industrial
Court .. immediately aHer the words "Federal I Iigh Court .. in line 3
under the interpretation of Judicial 01Tice; and
(b) ·'the National Industrial Court" immediately after the words "the
Federal High Court" in paragraph (b), line 1 under the interpretation
of"Public Service of the Federation".

14. The Third Schedule to the Principal Act is altered- Altl:ration or the
Third Schedule to
lht.! Principal Act.
(a) in paragraph 12, by inserting immediately after paragraph (d), a new
paragraph "(del)"-

"(del)" the President ofthe National Industrial Court";

in paragraph 13(a), by inserting new subparagraphs ''(via)" and "(vib)"

immediately after the existing subparagraph (vi)-

"(via) the !'resident of the National Industrial Court"; and

'·(vib) a Judge of the National Industrial Court, and";

(c) in p<mtgraph 13(c), by inserting immediately after the word "Court", in

line 3. the words ''the National industrial Court";
 (d) in paragraph 20, by inserting immediately alter subparagraph (c), a new
subparagraph ''(ec)"-

··(cc)" "The President of the National Industrial Court"; and

(c) in paragraph 2l(a)(i), by inserting immediately after the words "Federal

II igh Court'' in line 4, the words ··the President and Judges of the
National Industrial Court".

Alteration of the
I 5. The Seventh Schedule to the Principal Act is altered by inserting Seventh Schedule
immediately after the words "Federal High Court" in line 4 under "Judicial to the Principal
Act.
Oath", the words "President/Judge of the National Industrial Court".

16. This Act may be cited as the Constitution (Third Alteration) Act, 20 I 0 Citation
I CERTIFY, IN ACCORDANCE WITH SECTION 2 (1) <W THE ACTS
AUTHENTICATION ACT, CAP. A2, LAWS OF THE FEDERATION OF NIGERIA 2004,
ri-IAT THIS IS A TRUE COPY OJ< TilE BILL PASSED BY BOTH HOUSES OF THE
\IATIONAL ASSEMBLY.

<h.~._{'·
_j~J
SALISU ABUBAKAR MAIKASUWA, mni
CLIO~K TO Tim NATIONAL ASSEMBLY
(1,-1)
;},)-DA Y OF FEBRUARY, 2011
 Schedule to Constitution (Third Alteration) Bill, 2010

' ·DATE OF
SHORT TITLE LONG TITLE OF THE I SUM:VIARY OF THE DATE PASSED DATE PASS ED [ RECEIPT
OF THE BILL BILL I CO:\"TEYfS OF THE ' BY THE SE.C\ATE BY THE HOUSE OF; APPROVJ
BILL REPRESENTATIVES BY THE
·STATE
HOLSESt
ASSEMB

' Constitution 14'" December, 2010 15'' December, 20 I 0 8'" Februat"

An Act to alter the Constitution of! This Bill seeks to further alter the
: (Third
' the Federal Republic of ?\igeria Cap. i provisions of the Constitution of
Alteration) C.23, Laws of the Federation of i the Fecbal Republic of Nigeria
Bill,2010 : :\igeria, 2004 for the establishment i for the establishment of~ the
of the :\ational Industrial Cout1 i ?\ational Industrial Court under
. under the Constitution. i the Constitution.
;

I certify that this Bill has been carefully compared by me with the decision reached by the !':ational Assembly and found by m<
to be true and correct decision of the Houses and is in accordance with the provisions of the Acts Authentication Act Cap. A2
Laws of the Federation oft\igeria, 2004.

~
SALISU ABUBAKAR MAIKASUW A, mni
Cler~!t' the National Assembly
.;...f-Day of FctJrua!), 2011

K EBELE JONATHAN', GCFR