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PARTIES CANNOT GO OUTSIDE THE TERMS OF THE REFERRAL

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Dictum

This Court cannot go outside of the terms of the referral just as the parties cannot too. So, where the competence of the referral is challenged as the defendant did in the instant case, they can only argue based on the referral instrument, nothing else. And in arguing, it cannot raise issues of facts, only of law. Where issues of facts, or mixed law and facts, are raised in the argument in support of the preliminary objection, then an affidavit becomes necessary.

— B.B. Kanyip J. FG v. ASUU (2023) – NICN/ABJ/270/2022

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REFERRAL AS A PROCESS FOR INSTITUTING ACTIONS

Now, the referral process of initiating an action in this Court is a special one. The referral is made by the Minister of Labour in terms of the processes of Part I of the Trade Disputes Act (TDA) Cap T8 LFN 2004. Until the referred parties come before this Court and are given directions by the Court as to who becomes the claimant and what processes are to be filed depending on whether the referral is a direct reference to this Court or a referral against the decision of the IAP based on an objection to an IAP award, the referral remains the initiating process that commences the suit being referred to this Court. As just indicated, the referral is of two types: referral based on an objection to an IAP award; and referral based on a direct reference to this Court where all other processes of Part I of the TDA are bypassed.

— B.B. Kanyip J. FG v. ASUU (2023) – NICN/ABJ/270/2022

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