PROTOCOL
1. Today marks a significant milestone in our collective pursuit of justice, fairness, and equality, particularly in labour and industrial relations. It is an honour to stand before you, on the occasion of the opening of the new legal year of the National Industrial Court of Nigeria, as the President of the Nigerian Bar Association.
I extend my heartfelt congratulations to the Honorable President of the Court, the distinguished Justices, and the entire NICN judicial staff for their invaluable contributions to labour justice in Nigeria.
2. This Court, the National Industrial Court, holds a special place in the administration of justice in Nigeria. It has been at the forefront of promoting and safeguarding the rights of both employers and employees, ensuring that justice is served in matters relating to labour disputes and industrial relations. Its work is critical not only to the individuals and institutions that come before it but to the broader economy and society.
3. The theme of this year’s event, “Labour Justice and the Public Interest,” speaks to the core role the NICN plays in safeguarding not just the interests of workers and employers but also in protecting the larger societal good. Labour justice is a cornerstone of social stability and economic growth, and the work done by this court is critical to ensuring that fairness, equity, and justice permeate all aspects of labour relations.
As the famous Nigerian jurist Justice Kayode Eso once said, “A nation cannot thrive where there is no justice.” This quote reminds us of the weighty responsibility the NICN bears in ensuring that justice is dispensed swiftly, fairly, and in a manner that reflects the larger public interest.
4. The National Industrial Court of Nigeria (NICN) holds a unique and crucial position within the judicial system. With its specialized jurisdiction over employment, labour, and industrial relations matters, the NICN ensures that disputes in these areas are resolved to uphold the principles of fairness, equity, and justice. The decisions made by the NICN have significant implications for various stakeholders.
The court’s rulings directly impact the immediate parties involved in the disputes, their rights, obligations, and working conditions. Furthermore, the broader Nigerian economy and society are also influenced by the NICN’s decisions. These rulings can set important precedents, establish legal standards, and contribute to the overall stability and fairness of the labour market.
By adjudicating labour disputes and promoting fair and just resolutions, the NICN contributes to a conducive and equitable working environment. This, in turn, supports Nigeria’s overall economic development and social welfare. Therefore, the NICN’s role goes beyond individual case resolutions and extends to shaping the legal framework and principles governing the country’s labour relations.
5. As we reflect on the importance of labour justice, we must recognize that the NICN’s work is crucial to protecting Nigeria’s economic and social fabric. Labour relations, whether between workers and employers or between unions and corporations, can potentially disrupt the workplace and the entire economy.
Through your rulings, you ensure that the principles of fairness, equity, and public interest guide every dispute that comes before you. The intersection of labour justice and the public interest is a central consideration in all matters brought before this court. The importance of balancing workers’ rights to fair treatment with the need for businesses to operate competitively cannot be overstated. This is particularly crucial in the context of our nation’s economic challenges.
6. The decisions of this court reverberate throughout the economy and society. Whether it is a ruling on a major labour dispute in the oil and gas sector or a judgment affecting workers in the civil service, your court serves as a stabilizing force, promoting social harmony and economic progress. The public interest is always at stake in labour disputes, and it is the NICN’s role to ensure that the scales of justice are balanced in a way that protects the interests of all.
The responsibility of the NICN extends beyond the parties before it. Every decision you make is a reflection of the larger societal values of fairness, equity, and justice. Labour disputes are often emotionally charged and involve sensitive issues such as job security, wages, and workplace conditions.
In adjudicating these disputes, the court must balance the rights of workers to fair treatment with the legitimate interests of employers to remain competitive and sustainable in an increasingly challenging economic environment.
7. The public interest is best served when labour justice is administered swiftly, fairly, and impartially. When workers feel that their rights are protected and that they can seek redress without fear of retaliation, they are more likely to engage productively in the economy. Similarly, when employers feel that they are protected from unjust claims and frivolous disputes, they are more likely to invest in their businesses and contribute to national development.
8. While we have much to celebrate today, we are also mindful of the challenges that lie ahead. The landscape of labour and industrial relations is rapidly changing, driven by global economic shifts, technological advancements, and evolving workplace dynamics. Emerging trends such as the rise of the gig economy, remote working, and automation present both opportunities and challenges for our legal system, particularly for the National Industrial Court, which must continuously adapt to these new realities.
As the demands on our labour force change, so do our laws and our approach to labour justice. We face the challenge of balancing the rights of workers with the needs of employers to operate efficiently in a global economy. This delicate balance requires robust and efficient dispute resolution mechanisms, ones that not only address the letter of the law but also take into consideration the broader socio-economic context in which these disputes arise.
9. As members of the Bar, we play an integral role in the administration of justice, and our contributions to labour justice cannot be overstated. In labour disputes, the quality of advocacy before the court has a direct impact on the outcomes of cases and, by extension, the health of our industrial relations system. At the Bar, we shall advocate for the computerization of the litigation process, including the full recording of court proceedings in all superior courts of record. Embracing technology is essential for the swift administration of justice and ensuring that our judicial system remains efficient and transparent.
To this end, the Nigerian Bar Association will also propose key Judicial Reforms, focusing on the following areas:
- Case Management and Scheduling with Time Slots: We will advocate for a more structured case management system where cases are scheduled with specific time slots to reduce the waiting time for both lawyers and litigants.
- • Notification of Adjournments: We will work towards a system where lawyers are promptly notified of adjournments or changes in court schedules through electronic means, ensuring that they are better informed and prepared.
- • Customized Email Addresses for Court Registries: In line with modernizing our judicial system, we propose that every court registry be assigned customized email addresses to facilitate smoother communication between the courts, lawyers, and litigants.
The NBA remains committed to improving access to justice by advocating for user-friendly courts, the prompt disposal of cases, and the quick dispensation of justice. We shall work tirelessly to ensure that justice is administered without unnecessary delays, technicalities, or time-wasting applications for adjournments. In doing so, we hope to restore confidence in the judiciary as an institution that serves the best interests of justice.
10. May I also humbly request, as I had done at the opening of the 2024 legal year of the Supreme Court, that the President of the National Industrial Court take steps to address the current trend of making the swearing-in of judicial officers into elaborate ceremonies filled with pomp and extravagance.
The lavish receptions that often follow these ceremonies have become a matter of concern. These celebrations, which bring together judicial officers, politicians, and other politically exposed persons, do not project the best image of the judiciary.
The public mingling and fraternization between judicial officers and politicians during these events give rise to perceptions of undue influence. In an era where politicians are seen to go to any lengths to influence judicial outcomes, these publicized ceremonies are increasingly worrisome.
I strongly believe that the overly publicized and widely attended swearing-in ceremonies, as well as the lavish receptions organized by newly sworn-in judicial officers, detract from the solemnity and discreet nature of the offices they occupy. Such events should be solemn and private, preserving the dignity and independence of the judiciary.
11. I respectfully suggest that the swearing-in ceremonies and celebrations should be held in private, with receptions limited to court-sponsored luncheons for the newly sworn-in judicial officers. The judiciary must lead by example, showing restraint in mimicking the public exhibition of affluence and the wanton display of wealth that we so often see in other sectors of society. It is imperative that the judiciary remains a beacon of modesty, integrity, and the rule of law.
12. The Nigerian Bar Association is committed to improving the professional development of lawyers specializing in labour law. We will continue to offer training programs, seminars, and continuing legal education (CLE) initiatives to ensure that our members remain equipped to handle the evolving challenges in labour law.
In addition, we will work with the NICN to advocate for reforms that will promote efficiency in the judicial process, enhance the use of technology in case management, and modernize our labour laws to reflect the realities of today’s working environment.
13. Conclusively, the opening of the legal year of the National Industrial Court of Nigeria presents us with an opportunity to reflect on the significant role this court plays in the fabric of our society. Labour justice is essential not just for resolving disputes but for maintaining social order, promoting economic growth, and upholding the rule of law.
I commend the NICN for its dedication to the administration of labour justice and wish the Court a successful legal year ahead. Your work is essential to ensuring that labour justice is dispensed fairly, promptly, and in the public interest. On behalf of the Nigerian Bar Association, I offer our continued support as we work together to strengthen our labour justice system and promote the welfare of workers, employers, and society at large.
Thank you.
MAZI AFAM OSIGWE, SAN
President, Nigerian Bar Association
8th October, 2024
