International Journal of Judicial Law  |  ISSN: 2583-6536  |  Double-Blind Peer Review  |  Open Access  |  CC BY 4.0

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     2026:5/3

International Journal of Judicial Law

ISSN: (Print) | 2583-6536 (Online) | Impact Factor: 8.09 | Open Access

The Status of the National Industrial Court Under the 1999 Constitution of the Federal Republic of Nigeria (Third Alteration) act: An Appraisal of a Decade of Constitutional Transformation

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Abstract

For over three decades, the National Industrial Court of Nigeria (“the NIC” or “the Court”) occupied an anomalous position within the Nigerian judicial hierarchy. Although vested with specialised jurisdiction over labour, employment and industrial relations disputes since 1976, it was, until 2010, conspicuously absent from the list of superior courts of record enumerated in section 6(5) of the 1999 Constitution of the Federal Republic of Nigeria. This omission generated sustained doctrinal confusion, culminating in the Supreme Court's decision in National Union of Electricity Employees v Bureau of Public Enterprises, which held that the National Assembly lacked competence to clothe the Court with a superior status that the Constitution itself withheld. This article examines the constitutional and jurisprudential response to that decision (the Constitution of the Federal Republic of Nigeria (Third Alteration) Act 2010) and interrogates the extent to which it has settled, or merely relocated, the controversies surrounding the Court's status. Drawing on the text of the Third Alteration Act, decisions of the Court of Appeal and the Supreme Court rendered in its aftermath, and the accumulated scholarly commentary of the past decade, the article argues that while the amendment achieved the Court's long-awaited constitutional entrenchment as a superior court of record with exclusive jurisdiction, it simultaneously created fresh interpretive difficulties – particularly concerning the scope of appellate review, the finality of criminal decisions, and the potential for jurisdictional overlap with other specialised statutes. The article concludes that the Third Alteration Act, though a watershed, remains a work in progress that calls for further legislative refinement.

How to Cite This Article

Dr. KB Akanle (2026). The Status of the National Industrial Court Under the 1999 Constitution of the Federal Republic of Nigeria (Third Alteration) act: An Appraisal of a Decade of Constitutional Transformation . International Journal of Judicial Law (IJJL), 5(4), 122-127.

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