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RATIONALE FOR SOMETIMES DEPARTURE FROM THE EVIDENCE ACT BY THE NATIONAL INDUSTRIAL COURT OF NIGERIA

Dictum

The resolution of labour/employment disputes is the resolution of disputes where the nature of rights is one in personam. This is an area of law where even the identity card of an employee is the property of the employer and must be surrendered immediately the employment relationship ceases or comes to an end. (Exhibit D5 actually demanded that the claimant should surrender any and all correspondences, materials and equipment provided to her by the defendant without retaining copies in any form whatsoever should the claimant discover them in her possession.) This is an area of law where upon the cessation of employment, an employee who hitherto had access (often very limited access) to the documents of the employer immediately ceases to so have simply because the employee’s internet access had been immediately clogged. See, for instance, Exhibit D5 couched as a non-competition term but which threatens the claimant with prosecution should she as much as divulge any information or document through sending such to herself vide her home address or personal email account. There is even the additional threat to the claimant that UAE law recognizes this behavior as theft punishable by imprisonment – this is even aside from the fact the claimant will forfeit any unpaid salary or commission and be liable to be sued for damages. This is an area of law where an employer expected to certify a document will willingly refuse to so certify the document. God save the employee if the employer is a public institution for which the Evidence Act requires certification before any secondary evidence can be rendered.

— B.B. Kanyip, J. Awogu v TFG Real Estate (2018) – NICN/LA/262/2013

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IT IS NOT THE BUSINESS OF THE COURT TO NOMINATE PARTIES FOR ELECTION

It is not the business of any Court to select or nominate candidates for any political party for election. The nomination of a candidate to contest an election is the sole responsibility of the political party concerned. The Courts do not have jurisdiction to decide who should be sponsored by a political party as a...

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NATIONAL COURTS DO NOT QUALIFY AS INTERNATIONAL COURTS

In Valentine Ayika V. Republic Of Liberia (2011) CCJELR, pg. 237, para 13, the Court held that the Supreme Court of Liberia and for that matter any other Court in Member States does not qualify as international court within the meaning of Article 10 (d)(ii) of the Protocol as amended.

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RULES OF COURT VIOLATED SHOULD BE STATED

The question remains whether the claimants were wrong in filing an affidavit when the defendant did not file any as to its preliminary objection. I must first point out that the argument of the defendant, that the claimants violated the Rules of this Court in filing an affidavit in opposition to the preliminary objection when the defendant did not, is one the defendant made without stating the Rules of this Court that were violated.

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

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WHEN IS A COURT COMPETENT

A court is competent when:- (a) It is properly constituted as regards numbers and qualification of members of the bench that no member is disqualified by one reason or another. (b) The subject matter of’ the action is within its jurisdiction and there is no feature in the case which prevents the court from exercising...

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COURT MAY RELY ON AUTHORITIES NOT CITED BY PARTIES

T.M. Orugbo & Anor v. Bulana Una & Ors (2002) 9 SCNJ 12 at 32-33. This Court held that “A Court of law has no legal duty to confine itself only to authorities cited by the parties. It can, in an effort to improve its judgment, rely on authorities not cited by the parties. Historical books or whatever books are authorities and the Koko District Customary Court was free to make use of them in its judgment. That per se is not breach of fair hearing, not even the twin rules of natural justice. The Court is under no duty to give notice to the parties that it intends to use a particular book. That will be a ridiculous situation.”

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COURT CAN USE APPLICABLE LAW WITHOUT PARTY’S CONSENT

Ochoga v. Military Administrator, Benue State (2001) 1 NWLR (Pt. 695) page 570 at page 582, it was held thus: “If a party is entitled to a remedy or a relief and it is rightly claimed, he does not lose same by applying for it under a wrong law. This is because the trial court can, in the interest of justice, use the applicable law.”

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