A REVIEW OF THE CONTROVERCIES ON THE APPELLATE JURISDICTION OF THE NATIONAL INDUSTRIAL COURT OF NIGERIA

Beatrice Nkechi Okpalaobi

Abstract


The controversies surrounding the appellate jurisdiction of the National Industrial Court of Nigeria (NICN) called for a clear interpretation of the provisions of the Constitution of the Federal Republic of Nigeria (Third Alteration) Act 2010. These calls have found expression in some recent cases, one of which is Skye Bank Plc v. Iwu, with the major issues of; when an appeal from the decision of the National Industrial Court to the Court of Appeal lies as of right and when it lies with the leave of court; whether all decisions of the National Industrial Court are appealable or whether its decision is final; and whether appeals from the decisions of the National Industrial Court to the Court of Appeal is limited to only questions of fundamental human rights and criminal matters. This paper argues that the provisions of the Constitution on the appellate jurisdiction of the National Industrial Court does not eliminate the ability to appeal to the Court of Appeal on other civil concerns and causes aside fundamental rights. This paper adopted the doctrinal research methodology and utilized both the primary and secondary sources of data including statutes, journals, textbooks, Newspaper publications and internet data and materials. This paper recommends that the need for legislative clarity and a unanimous judicial interpretation in relation to the provisions of the Constitution on the appellate jurisdiction of the National Industrial Court

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