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Wednesday, 31 December 2025

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Tag: Ogbuanya J.

Ogbuanya J.
Case Law

NATIONAL INDUSTRIAL COURT BREAKS THE LOGJAM IN THE APPOINTMENT OF JUDICIAL OFFICERS IN ABIA STATE, NIGERIA

The move to appoint new judges for the Abia State Judiciary had suffered some serious setbacks since 2022. The problem was connected with the process of appointment of judicial officers in Abia State which the Abia State Judicial Service Commission (“the Commission”) has the constitutional power to oversee, subject to the approval of the National […]

Ogbuanya J.
Case Law

DOES THE NICN HAVE THE POWER TO APPLY UNRATIFIED INTERNATIONAL LEGAL INSTRUMENTS RELATING TO EMPLOYMENT?

DOES THE NICN HAVE THE POWER TO APPLY UNRATIFIED INTERNATIONAL LEGAL INSTRUMENTS RELATING TO EMPLOYMENT? The application of what is constitutionally expressed as “international best practices in labour” and “international labour standards” by the National Industrial Court of Nigeria (NICN) has been the subject of serious controversies. In recent times, the NICN has been consistent […]

pension fund remittance
Case Law

HARMONISATION OF ISSUES FOR DETERMINATION AS A CASE MANAGEMENT STRATEGY

HARMONISATION OF ISSUES FOR DETERMINATION AS A CASE MANAGEMENT STRATEGY Case management strategy is key to the effective determination of disputes in litigation. An example of a case management strategy is the idea of harmonisation of legal issues for determination. Issues for determination are questions posed by parties to a case through their respective counsel. […]

Traquini v. ASC Nigeria Ltd
Case Law

TRAQUINI V. ASC NIGERIA LTD [2021] – PART II

Traquini v. ASC Nigeria Ltd (Suit No. NICN/LA/580/2017) Judgment was delivered on 10 March 2021. The Claimant (Jorge Allende Iriate Traquini), a foreigner, was employed as a General Manager for the Defendant (ASC Nigeria Ltd) in Nigeria through the Defendant’s parent company, Energy Resources International Ltd (member of the ONSTREAM Group) based in Anguilla, the […]

pension fund remittance
Case Law

[LOCUS CLASSICUS]: COURT RULES THAT IN SPECIAL CASES, AN EMPLOYER CAN PAY PENSION FUND DIRECTLY TO AN EMPLOYEE

Introduction It is rewarding for an employee to work through the years and have something to fall back on, in terms of pension – retirement funds. The law acknowledges this fact. Thus, necessary provisions are made as contained in the Pension Reform Act 2014 (“The Act”). The Act governs and regulates the administration of the […]

Ogbuanya J.
Case Law

HOW THE NATIONAL INDUSTRIAL COURT STOPPED FEMI FALANA SAN FROM STRETCHING RIGHT TO FAIR HEARING TOO FAR

The National Industrial Court of Nigeria (NICN) is a specialised Court created by the Constitution of the Federal Republic of Nigeria 1999 (as amended) with the exclusive jurisdiction to hear and determine cases relating to employment. Unlike other courts, the NICN is one Court in Nigeria that has demonstrated the hunger of the Nigerian courts […]

pension fund remittance
Case Law

Daniel comes to Judgment: NICN resolves mathematical conflict in style.

One of the common problems in termination of employment contracts is the calculation of employee’s entitlements upon termination of the employment. Oftentimes, the employee and employer are at loggerheads as to the correct amount the employee is entitled to. Usually, in a standard written employment contract, details of the employee remuneration and other employment benefits […]

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