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SECTION 12 OF THE NATIONAL INDUSTRIAL COURT ACT PERMITS THE COURT TO BE FLEXIBLE

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The very first thing a labour court understands is the difficulty of the employee accessing documents to prove his/her case. It is as a result of all of this that the NIC, as a special Court, is permitted under section 12 of the NIC Act 2006 to be flexible, informal and depart from the Evidence Act if the interest of justice so demands. The NIC realizes that section 12 of its enabling Act is not license to act anyhow. So when it comes to admissibility of especially documentary evidence, the NIC insists that once the issue of authenticity is raised, particular care must be taken to admit only documents that are authentic; and in deserving cases the NIC had refused to admit inappropriate documents even when section 12 of the NIC Act was relied on.

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

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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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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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INVOKING A COURT UNDER WRONG LAW DOES NOT STOP THE COURT

But that in order to benefit from the principle, the facts relied upon, must support the correct law to be applied. In other words, where a court has jurisdiction to make an order, the fact that the power of the court, is invoked under a wrong law or rule of court, is no reason, for...

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SENTIMENT HAS NO PLACE IN OUR COURTS

If I go by sentiments, having regard to the facts of this case leading to this appeal and as appear in the lead Judgment of my learned brother, Oguntade, J.S.C., I may be inclined to allow this appeal. But it is now firmly settled, that sentiments, have no place in our courts including this court....

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

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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COURT’S PRONOUNCEMENT SHOULD BE TIED TO THE FACTS WARRANTING THEM

It also appeared in rather bold relief that there is now a tendency among our lawyers, and sometimes among some of our Judges, to consider pronouncements made by Justices of the Supreme Court unnecessary isolation from the facts and surrounding circumstances those particular cases in which those pronouncements were made. I think it ought to...

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