NICN Jurisdiction Over Labour-Related Fundamental Human Rights Disputes: Onyiruka v. A.G. Enugu State Examined
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Date
2026-06-30
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Publisher
Agora University Press
Abstract
Section 254c (1) (d) of the 1999 Constitution of the Federal Republic of
Nigeria (Third Alteration) Act, 2010 has vested the National Industrial Court of Nigeria
(NICN) exclusive original civil jurisdiction over matters relating or connected with any
disputes over Chapter IV of the Constitution while section 46(1) thereof, empowers any citizen
whose right contained in the said Chapter IV that is threatens or has been breached to apply
to a High Court within the state for redress. This raises the issue as to whether the NICN has
exclusive original civil jurisdiction over disputes pertaining to Chapter IV of the constitution?
The Court of Appeal in Mrs. Gloria Lewechi Onyiriuka v. A.G., Enugu has held that the NICN
neither has nor exercises exclusive original civil jurisdiction over labour-related fundamental
human rights disputes but has concurrent jurisdiction with the State and Federal High Court.
Does this decision represent the right position of the law? What is its implication (s) on the
exclusive jurisdiction of the NICN? What is its impact on the growth and development of
Nigeria’s labour jurisprudence?
Keywords: Fundamental human rights, Jurisdiction, Employer, Employee, NICN
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Citation
Agora International Journal of Juridical Sciences