Decisions of the National Industrial Court not generally appealable to the Court of Appeal as of right.

Governing Board, RUGIPOLY, Ondo State v. Ola [2016] 16 NWLR (Pt. 1537) 1 at 24, paras H-D:

“By section 243(2) and (3) of the Constitution, appeal shall lie from the decision of the National Industrial Court as of right to the Court of Appeal on questions of fundamental right as contained in Chapter IV of the Constitution on matters upon which the National Industrial Court has jurisdiction. An appeal shall only lie from the decision of the National Industrial Court to the Court of Appeal as may be laid down or allowed by an Act of the National Assembly. On the condition that an Act or Law lays down or allows that an appeal shall lie from the decision of the National Industrial Court to the Court of Appeal such appeal shall be with the leave of the Court of Appeal not even with leave of the National Industrial Court. For now there is no Act of the National Assembly allowing appeal from the decision of the National Industrial Court to the Court of Appeal on any other question…”

Blogger’s Note:

The above case appears to be the most recent on the subject and so remains the authority on the point.

See also the conflicting case of Local Government Service Commission, Ekiti State & Anor. v Bamisaye  (2013) LPELR-20407(CA).

You may read the articles titled: Non-Appealable Decisions of the National Industrial Court of Nigeria: A Critical Analysis and also Right of Appeal at the National Industrial Court of Nigeria: A Mirage or a Reality.




Stephen Azubuike
Author: Stephen Azubuike
Stephen is a lawyer with expertise in Commercial Dispute Resolution and Technology Law practice. He is a Partner at Infusion Lawyers. He has successfully argued cases from the High Courts of various jurisdictions to the Appellate Courts on behalf of financial institutions, other corporate bodies and multinationals. He has advised a number of both established and startup tech companies. He tweets @siazubuike.

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