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VOL. 9, ISSUE 5 (2023)
Labour related fundamental rights enforcement: A critique of the decision in S.S.A.U.T.H.R.I.A.I v OLOTU (NO.2)
Authors
Salmanu M Rilwanu, Khalid Idris Nuhu, Aishatu Mohammed Umar
Abstract
It is a fact that the question of which court in Nigeria has
jurisdiction over matters of fundamental right enforcement has been a thorny
question, giving birth to several conflicting decisions at various times. This
question was recently somehow settled by the Supreme Court, in several cases,
to the effect that both State (including F.C.T High Court) and Federal High
Court have jurisdiction over such matters, irrespective of the subject matter
that brought about the alleged infringement or the parties involved in the dispute
before the court. However, one aspect of the question seems not completely
settled, that is whether the National Industrial Court also has jurisdiction
over enforcement of fundamental right matters or not. This is so in view of the
decision in the case of Senior Staff Association of University Teaching
Hospitals Research Institutes and Associated Institutions (S.S.A.UT.H.R.I.A.I)
& Ors. v Dr. Sunday Osasu Olotu. This paper critically examines the
decision in the case and concludes that the findings of the Court of Appeal
that the National Industrial Court’s jurisdiction over matters of enforcement
of fundamental right is only limited to disputes relating to interpretation and
application of the provisions of Chapter IV of the Constitution of the Federal
Republic of Nigeria, 1999, as it relates to employment, labour, industrial
relations, trade unionism, employer’s association, and not the enforcement of
the rights specified under the Chapter, is inappropriate. The paper recommends
that the Court, when faced with similar facts in future should hold otherwise,
and give the provision of Section 46 of the Constitution a wider interpretation
to the effect that the National Industrial Court, which has powers of the High
Court, can also entertain matters of enforcement of fundamental rights.
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Pages:90-95
How to cite this article:
Salmanu M Rilwanu, Khalid Idris Nuhu, Aishatu Mohammed Umar "Labour related fundamental rights enforcement: A critique of the decision in S.S.A.U.T.H.R.I.A.I v OLOTU (NO.2)". International Journal of Law, Vol 9, Issue 5, 2023, Pages 90-95
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