Industrial Court upholds Trade Union practice direction, rejects discrimination claims

Crime Diary

PORT HARCOURT, Nigeria (NPA) — The National Industrial Court of Nigeria (NICN) has upheld the validity of its 2022 Practice Direction requiring certain trade union matters to be filed in Abuja or Lagos, dismissing a suit challenging the directive.

Justice Muhammed Hamza of the Port Harcourt Judicial Division delivered the judgment, declaring that the Practice Direction was valid, constitutional and issued within the statutory powers of the President of the Court.

The suit was instituted by a Rivers-based lawyer, Daniel Ahiakwo, who argued that the directive discriminated against legal practitioners and litigants outside Abuja and Lagos by compelling them to travel long distances to file trade union-related cases.

Ahiakwo sought a declaration that the Practice Direction violated provisions of the 1999 Constitution, particularly those relating to access to justice and freedom from discrimination.

The President of the National Industrial Court, who was named as defendant, argued that the suit was statute-barred and maintained that the Practice Direction was issued within the powers conferred on the office by law.

In his judgment, Justice Hamza overruled the preliminary objection, holding that limitation laws do not apply to fundamental rights actions.

The court, however, found no merit in the substantive claims.

According to the judge, the Practice Direction is a form of subsidiary legislation designed to enhance the efficient administration of justice and does not alter the court’s jurisdiction.

He held that the directive was based on administrative considerations aimed at ensuring consistent judicial oversight of complex trade union matters and was not targeted at any group on the basis of protected constitutional characteristics.

Justice Hamza further ruled that the Practice Direction neither constituted unconstitutional discrimination nor infringed on the right of legal practitioners to practise their profession.

The court consequently dismissed the suit for lacking merit.