Review of National Industrial Court of Nigeria Civil Procedure Rules

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Nigeria, March 16, 2017
Background: Recently, the National Industrial Court of Nigeria (Civil
Procedure) Rules, 2017 “the Rules” replaced the National Industrial Court
Rules 2007 and the Practice Direction 2012, which previously guided
procedures in the National Industrial Court. With the new Rules, the National
Industrial Court “the Court” aims to improve the administration of justice in
its proceedings. In line with this objective, the Rules incorporate new
provisions considered below.
Fast-Track Proceedings In keeping with the aim of achieving quicker
dispensation of justice, Fast-track proceedings have been introduced into the
Rules. Order 25 of the Rules lists the qualities required for a matter to be
placed on the Fast-track and the procedures after such placement. However,
the majority of the types of cases which qualify for Fast-track proceedings
seem to be those touching on public interest.
Deceased Employees (Testate & Intestate)
Under the Rules, a distinction is made between those who died testate
(leaving a valid will) and those who died intestate (without a will). For the
former, the filing of any process relating to their entitlements would attract
only 25% of the filing fees. For the latter, no discount is given. Rather, kinship
would have to be proved by the dependants. Consequently, it will be wise for
employees (especially in high-risk jobs) to draft their wills so as not to
aggravate any disputes in case of their demise.
Note that an employee’s dependant may commence an action at the Court for
compensation on any matter relating to death, injury, illness or disease that
occurs in the course of the employee’s employment. This action may be
commenced at the Court in so far as an appeal has not been filed to the Board
implementing the Employee’s Compensation Act, 2010.
Limitation on Media Coverage of Court Proceedings
The Rules limit media coverage of the Court’s proceedings to only matters of
national importance as allowed by the presiding Judge or the President of the
Court. Legal practitioners are prohibited from granting any press interview or
making comments on any matter which is still before the Court. These
provisions are geared towards protecting parties in cases before the Court in
view of the usually sensitive nature of the disputes.
Introduction of Pre-Trial Conference
To promote amicable settlement of disputes, the use of pre-trial conferences
has been added to the procedural requirements in the Court. Pre-trial
proceedings can be initiated suo motu by the Court or by any of the parties.
Other Innovations: Electronic filing of processes, Promotion of the adoption of
ADR, Guidelines for sexual harassment/ Workplace discrimination claims.
Hopefully, these new provisions will be implemented optimally to meet their
raison d’etre.
Nigeria – New Civil Procedure Rules for the
National Industrial Court