NIGERIA Law and Practice Contributed by: Adekunle Obebe and Tade Leo-Adegun, Bloomfield LP
8.3 Digitalisation Virtual Hearings and Remote Court Sittings Due to the COVID-19 pandemic, the NIC was prompt - ed to commence virtual hearings, as recommended by the Court of Appeal. Following this, the NIC Practice Directions of 2020 included provisions for virtual pro - ceedings. The NIC continues to practise virtual hear - ings, allowing parties to participate in their proceed - ings from any part of the country via their website. The NIC encourages and promotes virtual court sit - tings (also referred to as “remote court sittings” or “online court sittings”) for matters that do not require the taking of evidence. E-filing Centre The NIC Rules, Order 6A, establishes an E-filing Cen - tre for electronic filing and the payment of filing fees for processes and documents relating to or connected with a matter before the court. It provides that a party or counsel to a party may e-file any process or document that may be filed with the court in paper form, except: • documents to be presented to the court in camera (ie, in chambers) solely for the purpose of obtaining a ruling; and • documents to which access is otherwise restricted by law or court order.
In furtherance of its authority, the NIC has established an additional forum for hearing employment disputes through means of alternative dispute resolution (ADR) – the NIC Alternative Dispute Resolution Centre. The NIC offers parties the option of ADR using two mecha - nisms – mediation and conciliation. The ADR Centre may handle: • civil matters involving disputes between employers and employees; • disputes arising from health at the workplace; • disputes arising from safety at the workplace; and • disputes arising from the welfare of workers. Class Action Claims Class action claims are permitted in employment dis - putes in Nigeria. According to Order 13 Rule 11 of the NIC Rules, if numerous persons have the same inter - est in one suit, one or more such persons may sue or be sued on behalf of all interested parties. Representation in Court In employment litigation before the NIC, parties can be represented by the following. • Legal counsel – Both employees and employers are often represented in court by their legal coun - sels. • Trade unions or employee associations – These bodies may represent their members, especially in collective disputes. • Class action representatives – In class action claims, one or more persons with the same interest can represent the entire group of affected individu - als. Where arbitration is provided under the employment contract as the means of dispute resolution, the par - ties may resort to arbitration to resolve any dispute arising from the employment contract. However, while such clauses may serve a guiding or persuasive role, they do not oust the exclusive jurisdiction of the National Industrial Court (NIC) of Nigeria. Parties are just given the avenue and possibility of settling their dispute amicably out of court. A party to an agree - ment with an arbitration clause has the option either 9.2 Alternative Dispute Resolution Arbitration in Employment Disputes
9. Dispute Resolution 9.1 Litigation Specialised Employment Forums
The NIC is the primary forum for employment disputes in Nigeria. As established by the 1999 Nigerian Con - stitution (Third Alteration) Amendment Act 2010, it has exclusive jurisdiction over the following matters: • labour;
• employment; • trade unions;
• industrial relations; and • conditions of service.
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