Order 50 — Appeals From Decisions of the Arbitral Tribunal Industrial Arbitration Panel, Registrar of Trade Unions, Administrative Bodies, Commissions and Boards of Inquiry (boi), Etc.

(1) Every appeal to the Court shall be brought by way of notice of appeal and shall be lodged in the Arbitral Tribunal, or with the Registrar of Trade Unions, Secretary of any Commission or Board of Inquiry or Administrative Body or Panel or any Authority or Committee or Association or the Board empowered to implement the Employee’s Compensation Act, 2010 or any other institution vested with power to deal with any matter arising from the jurisdiction of the Court, (in this Order referred to as the “Arbitral Body”) within thirty (30) days of the decision, award or recommendations, appealed from.

(2) The notice of Appeal shall be served on all parties affected by the appeal.

(1) The notice of appeal shall set out the reference number of the proceedings in which the decision, award or recommendation appealed against was given, the names of the parties, the date when the decision was given and the grounds of appeal in full.

(2) Where the appellant complains only of part of the award, recommendation or decision, the notice of appeal shall specify the part complained of; otherwise the appeal shall be taken to be against the decision as a whole.

(3) The notice of appeal shall be in Form 72 which may be varied to suit the circumstances.

(4) The Notice of Appeal shall give the contact information of the Arbitral Body as prescribed in Order 4 Rule 1(1) of these Rules, where the award, recommendation or decision appealed against is situated, to which notices may be sent from the appellant by registered post or electronic device.

(5)(a) The Appellant or appellant’s counsel shall comply with the provisions of Order 4 Rule 4 of these Rules.
(b) The Respondent or Respondent’s counsel shall also comply with the provisions of Order 4 Rule 4 of these Rules.

(1) The Registrar or Administrator of the Arbitral Body shall within thirty (30) days of the decision, award or recommendations appealed against, prepare as many Certified True Copies (hereinafter referred to as CTC) of the proceedings required for the consideration of the appeal as there are parties on record.

(2) Except where the fees for preparing the CTC are remitted, a deposit of money decided on by the Registrar as likely to cover the fees, shall be made by the appellant before the preparation of the copies.

(1) The Registrar of the Arbitral Body shall within fourteen (14) days of preparing the CTC send same to the Registrar of the Court.

(2) The President of the Court may direct that an appeal be heard and decided by a panel of three (3) Judges of the Court.

(3) Notwithstanding the provisions of sub-rule 2 of this rule, the President of the Court may direct that an interlocutory application in a pending appeal can be heard by a Judge before the matter is sent to a panel of Judges that may hear the appeal.

(4) When a pending appeal is before a panel of Judges of the Court, a single Judge who is a member of the panel may sit and adjourn the hearing of the appeal or take an interlocutory application arising in the course of the appeal.

When notifying a party of the date fixed for the hearing of an appeal, the Registrar shall send to the party CTC of the processes filed in the appeal.

(1) The times prescribed in rules 1 to 4 of this Order, may be enlarged at any time by the Court on such terms as the Court may deem fit.

(2) Enlargement of time shall be by application and the Appellant shall forward an advance notice of the application for enlargement of time to the Respondent(s).

Where the time available to the appellant for the taking of any step has expired before such step has been taken or completed, the respondent may, on notice to the appellant, apply to the Court to strike out the appeal, and the Court may strike out, or enlarge the time if sufficient cause is shown.

Where a Registrar or the Administrator to the Arbitral Body fails, neglects or refuses to furnish the “CTC” of record of proceedings as provided in Rule 4 of this Order, the party appealing against the award or decision or recommendation of the bodies, authorities and entities mentioned earlier, may file an application before the Court for an order of mandamus compelling the Registrar to produce the CTC of the proceedings to the Court.

The appeal may be fixed by the Court for hearing at such time and in a designated Judicial Division and the Registrar of the Court shall notify the parties accordingly.

Unless the Court gives leave to the contrary:
(1) all appeals from the Arbitral Body shall be heard and determined purely on their briefs of argument filed and exchanged between the parties.
(2) the Appellant shall file an Appellant’s Brief of argument within twenty-one (21) days of receipt of the record of proceedings from the Arbitral Body;
(3) the Respondent shall file and serve a Respondent’s Brief of Argument within twenty-one (21) days of service on the Respondent of the Appellant’s Brief of Argument.
(4) within seven (7) days of the receipt of the Respondents Brief of Argument, the Appellant may file a Reply Brief of Argument which shall deal only with any new issues raised in the Respondent’s Brief of Argument.
(5) every Brief of Argument shall clearly identify the issues distilled from the grounds of appeal on the basis of which the parties seek the determination.
(6) any issue which is not covered by any ground of appeal shall not be considered by the Court in its judgment.

Where there is an appeal before the Court and the counsel to the parties have filed their briefs of arguments and the date has been fixed for hearing of the appeal, counsel to the parties shall each have thirty (30) minutes within which to adopt and adumbrate on their respective briefs or written addresses respectively.
Provided that the counsel may orally apply for an extension of time during which the counsel may conclude on his or her adumbration; the extension, if granted, may not be for more than ten (10) minutes.
Provided also that the Court may suo motu allow such extension of time for adumbration by the counsel as the circumstance of the matter may demand. The decision of the Court on an application for extension of time for adumbration shall be final.

The Court may direct a departure from these Rules in respect of the compilation of records from the Arbitral Body upon the application of any party to an appeal.

(1) Where on the day fixed for hearing, the appellant or his or her counsel to the appellant does not appear, the appeal shall be struck out and the decision appealed against shall be affirmed, unless the Court, for sufficient reason thinks otherwise.

(2) Notwithstanding the provisions of sub-rule 1 of this rule, where a brief has been filed, the brief may be deemed adumbrated and judgment delivered on the merits of the case.

(3) Where a respondent or his or her counsel appears in the Court and the appellant or his or her counsel does not, the appeal shall be struck out and the judgment shall be with costs of the appeal against the appellant, unless the Court otherwise orders.

(4) If the Respondent or Respondent’s counsel does not appear, the costs in the appeal shall be at the discretion of the Court.

(1) On the day fixed for hearing of the appeal, whether the parties or their counsel appear or not, the Court may proceed to the hearing or further hearing and determination of the appeal and may determine the appeal on its merits.

(2) If it appears or is proved before the Court that the appellant has not complied with the requirements precedent to the hearing of an appeal, the Court shall dismiss the appeal and affirm the decision, ruling, award or recommendation with or without costs of the appeal against the appellant.

(1) At the hearing, the appellant shall not go into any other reasons for appeal than those stated in Appellant notice of grounds of appeal.

(2) Where, in the opinion of the Court, other grounds of appeal other than those stated in the notice of appeal should have been given, or the statement on grounds of appeal is defective, the Court, in its discretion may allow such amendments of the notice of appeal upon such conditions as to service upon the respondent and as to costs as it may think fit.

(1) A respondent may give notice of respondent’s intention to ask the Court at the hearing to confirm the judgment of the Arbitral Body on grounds other than those stated by the Arbitral Body.

(2) The notice shall be accompanied by a clear statement of the grounds on which the respondent intends to ask the Court to confirm the judgment of the Arbitral Body.

(3) Such notice and grounds shall be filed in Court within fourteen (14) days of service on the respondent of the notice and grounds for appeal and same shall be served on the appellant or appellant’s counsel.

(1) A respondent may file a cross-appeal against all or any part of the award, decision or recommendation of the Arbitral Body.

(2) The grounds of the cross-appeal shall be filed by the respondent within fourteen (14) days of service on respondent of the appellant’s notice and grounds for appeal, and shall be served on the appellant or appellant’s counsel before the hearing.

(1) No objection on account of any defect in the form of stating any ground of appeal shall be allowed, unless the Court is of the opinion that the ground of appeal is so imperfectly or incorrectly stated as to be insufficient to enable the respondent to enquire into the subject-matter or to prepare for the hearing.

(2) Where the Court is of the opinion that an objection to any ground of appeal ought to prevail, the Court may, if it thinks fit, cause the ground of appeal to be amended upon such terms and conditions, if any, as the Court may think just.

(3) On an appeal from a decision or award of the Arbitral Body, no objection shall be taken or allowed to any proceeding in the Arbitral Body for a defect or error which might have been amended by the Arbitral Body or to any complaints, summons, warrant, or other process to or of such Arbitral Body for any alleged defect in substance or in form therein, or for any variance between any complaint or summons and the evidence adduced in support thereof in such Arbitral Body.

(4) Where an error, defect, or variance mentioned in this Rule appears to the Court at the hearing of any appeal to be such that the appellant has been thereby deceived or misled, it shall be lawful for the Court either to refer the case back to the Arbitral Body with direction to rehear and determine it or to reverse the decision appealed from or to make such other order for disposing of the case as justice may require pending the hearing and determination of the appeal.

(5) Where it considers it necessary that evidence should be adduced, the Court may either:
(a) order that such evidence be adduced before the Court on some day to be fixed; or
(b) refer the case back to the Arbitral Body to take such evidence, and may in such case either direct the relevant Arbitral Body to adjudicate afresh after taking such evidence and subject to such directions in law, if any, as the Court may think fit to give, or direct it, after taking such evidence, to report specific findings of fact for the information of the Court, and on any such reference the case shall, so far as may be practicable and necessary, be dealt with as if it were being heard in the first instance.

(1) Where additional evidence is to be taken by the Arbitral Body and specific findings of fact reported, it shall certify the evidence to the Court which shall then proceed to dispose of the appeal.

(2) The appellant or appellant’s counsel shall be present when the additional evidence is taken.

(3) Evidence taken in pursuance of Rule 18 (5) (a) of this Order shall be taken as if it were evidence at the trial before the Arbitral Body.

(4) When forwarding to the Court any additional evidence taken by the Arbitral Body in pursuance of sub-rule (1) of this rule, the Arbitral Body may express its opinion on the demeanor of the witnesses and the value of their evidence and may also, if it is the same Arbitral Body against whose decision the appeal has been made, state whether or not it would have come to a different decision had the additional evidence been brought forward at the trial.

The fees in the First Schedule shall be chargeable in civil appeals save where they would have to be paid by a Government officer acting in his official capacity or where the Arbitral Body or the Court waives or remits the fees on the ground of the poverty of the person chargeable therewith where it appears that there are substantial grounds of appeal.

Allowances may be paid to witnesses in accordance with the Provisions of the Second Schedule.

No objection shall be taken or allowed, on an appeal, to a notice of appeal which is in writing or to any recognizance entered into under this Order for the due prosecution of the appeal for any alleged error or defect, but if the error or defect appears to the Court to be such that the respondent on the appeal has been thereby deceived or misled, it shall be lawful for the Court to amend it and, if it is expedient to do so, also to adjourn the further hearing of the appeal, the amendment and the adjournment, if any, being made on such terms as the Court may think just.

(1) A party in an appeal may file a motion for stay of execution pending the determination of the appeal.
Provided such party or party’s counsel shall forward an advance copy of same to the Respondent within seven (7) days of the date of filing

(2) The Respondent may file a counter-affidavit within seven (7) days of service on the Respondent and shall serve an advance copy of same on the Appellant seven (7) days from the date of filing.

(1) On an application made for stay of execution under any enactment establishing the Arbitral Body, the Arbitral Body may impose one or more of the following conditions:
(a) that the appellant shall deposit a sum fixed by the court not exceeding the amount of the money or the value of the property affected by the decision or judgment appealed against, or give security to the satisfaction of the Court for the said sum;
(b) that the appellant shall deposit a sum equal to the amount of the costs allowed against the appellant or give security to the satisfaction of the Court for the said sum;
(c) that the appellant shall, where the decision or award appealed against relates to possession of lands or houses, give security to the satisfaction of the Court for the performance of the decision or award in the event of the appeal being dismissed;
(d) that the appellant’s property shall be seized, and attached and sold and the net proceeds deposited in court pending determination of the appeal

(2) Any Order made on any application shall limit the time (not being more than twenty-one (21) days) for the performance of the conditions imposed, and direct that in default of the performance within the time so limited execution may issue or proceed.

(3) An application for stay of execution under the enactment establishing the Arbitral Body may be made at any time after lodgment of the notice of appeal and shall in the first instance be made on any Arbitral Body mentioned in this Order as may be relevant.

(4) Where execution has been ordered by the Court the application shall not be made to an Arbitral Body but to the Court.

(5) The application may be ex parte, but the Court may direct that notice of it be given to the other party; and where an order is made ex parte the Registrar of the Court shall notify the other party of the order made.

(6) Where an appellant proposes to give security instead of making a deposit, the application shall state the nature of the security and the name of the surety proposed (if any).

(7) A party dissatisfied with an order made by the Arbitral Body may apply to the Court by originating or interlocutory motion as the case may require, with notice to the other party for a review of the order, and the Court may thereupon make such order as may seem just.

(1) An appeal shall not operate as a stay of execution of the decision or award or recommendation appealed against, except:
(a) as the Court otherwise orders, or
(b) where there is any pending application for stay of execution of the award, decision or recommendation appealed against before the Court.

(2) Notwithstanding sub-rule 1 of this rule, the Court may order a stay of execution of the recommendation, award, or decision of an Arbitral Body pending the hearing and determination of the appeal.

(1) The Court may, in special circumstances, on an application on notice (originating or interlocutory as the case may require) supported by an affidavit, order the appellant to deposit such sum or give such security as may seem fit for respondent’s costs of appeal including the costs incidental to the application.

(2) The order shall limit the time (not exceeding twenty-one (21) days) within which the deposit or security shall be made, and may direct that in default of its being made or given within the time so limited the appeal shall without further order stand dismissed.

(3) Where an appeal is dismissed, the respondent shall be entitled to all reasonable costs occasioned by the appeal and the amount of such costs may be stated in the order of dismissal or may be assessed at any subsequent time by the Court of its own motion or on application made ex parte or on notice, as the Court may deem fit.

(4) Where an appeal is dismissed, the appellant shall take no further step for proceeding for reinstatement of the appeal except by leave of the Court, which may be granted on such terms (if any) as the Court may deem fit, upon application by motion on notice given within thirty (30) days of such dismissal.

(5) Subject to the discretion of the Court to grant costs where it seems proper on an application made under sub rule (1) of this Rule, herein, costs shall not normally be granted to the applicant except where the net proceeds of execution levied on the appellant’s property are sufficient to satisfy the amount payable under the decision or award appealed from.

In determining the appeal brought before it, the Court may affirm, modify, amend, or vary the judgment, decisions, orders, awards or recommendation appealed against.

(1) Upon the determination of an appeal, the Court shall certify its judgment or order to the Arbitral Body in which the decision appealed against was pronounced.

(2) The Arbitral body to which the Court certifies its judgment or Order shall then make such orders as are conformable to the judgment or Order of the Court, and if necessary, the records shall be amended accordingly.

After the pronouncement of the judgment of the Court, the Arbitral Body from which the appeal came shall have the same jurisdiction and power to enforce, and shall enforce, any decision which may have been affirmed, modified, amended, or substituted by the Court or any judgment which may have been pronounced by the Court, in the same manner in all respects as if such decision or judgment had been pronounced by itself.

Any Order given or made by the Court may be enforced by the Court or Arbitral Body as may be most expedient.

The Court may, if it thinks fit, enlarge any period of time prescribed by this Order.

The Court may make an Order as to the payment of costs by or to the appellant as it may consider to be just and the Order may also be made in any other case where an appeal has been entered into, but the appellant refuses, neglects or omits to diligently prosecute it.

Where an award, decision or recommendation by an Arbitral Body forwarded to the Minister for approval has been confirmed by the Minister in compliance with section 13(2) of the Trade Dispute Act Cap T8, LFN, 2004, and the Minister communicates the confirmation of the award, decision or recommendation later than the time prescribed for communication of confirmation and beyond the time for acting on the award, the party concerned may apply to the Court for the time prescribed for acting on the award to begin to count from the day following the day of receipt of the confirmation of the award from the Minister.

(1) Where any of the parties has applied to the Minister to refer the dispute to the National Industrial Court of Nigeria and the Minister fails, neglects or refuses to refer the dispute to the National Industrial Court, as provided in section 14 of the Trade Disputes Act, CAP T8, LFN 2004 such a party may apply to the Court for an Order of Mandamus compelling the Minister to refer the matter and to forward copies of the proceedings to the National Industrial Court.

(2) A copy of the Order of Mandamus shall be served on the Minister requesting the Minister to respond within twenty-eight (28) days from the date of service.

Where an award, decision or recommendation by an Arbitral Body, is forwarded to the Minister for his approval and the Minister fails, neglects or refuses to act on the award of the Industrial Arbitration Panel as provided in section 13(2) and (3) of the Trade Dispute Act, Cap T8, LFN 2004 any of the parties to the award may apply to the Court to issue an Order of Mandamus compelling the Minister to confirm or return same to the Arbitral Body.
Provided the party seeking for the Order of Mandamus shall have demanded through an application to the Minister, that the Minister releases the award within fourteen (14) days from the date of service of the application.

In applying to the Court for the Order of Mandamus, the party must attach an acknowledged copy of the party’s application made to the Minister for the release of the award, decision or recommendation.

The Court shall, upon receipt of the application for the Order of Mandamus issue a hearing notice to the Minister of Labour and Productivity to file a response within twenty-eight (28) days, but not later than thirty (30) days.

When a panel of Judges is hearing an appeal and the appeal has been argued and addresses submitted by counsel to the parties and judgment has been written and signed by all members of the panel of Judges, a member of the panel of Judges may sit and deliver the judgment of the panel.
Provided that where there is a dissenting judgment or ruling, the member of the panel dissenting shall read or cause the dissenting judgment or ruling to be read on the dissenting Judge’s behalf in accordance with these Rules.

No appeal from the decision or award or recommendation or finding of an Arbitral Body shall qualify for referral to the ADR Centre.