Order 1 — Revocation, Citation, Savings, Etc.

The National Industrial Court Rules, 2007 and Practice Direction, 2012 are hereby revoked.

These Rules may be cited as the National Industrial Court of Nigeria (Civil Procedure) Rules, 2016 and shall come into effect on the 5th day of January, 2017.

These Rules shall, save to the extent and as may otherwise be ordered by the President, National Industrial Court of Nigeria, pursuant to Section 254(C) of the Constitution of the Federal Republic of Nigeria, 1999, (as amended) apply to all civil matters in respect of which jurisdiction has been conferred on the Court by Section 254C of the Constitution of the Federal Republic of Nigeria 1999 or any other enactment in force in Nigeria.

The objectives and intent of these Rules are to:
(1) establish an enduring, equitable, just, fair, speedy and efficient fast-track case management system for all civil matters within the jurisdiction of the Court.
(2) promote in the light of:
(i) the socio-economic importance of the jurisdiction of the Court;
(ii) diverse composition of parties, easy and speedy resolution of civil matters, as well as, effective and prudent management of the resources of the Court;
(3) enable a Judge sitting as a single Judge or a panel of Judges to fast track the hearing and determination of all processes, motions and or applications in respect of civil cases within the jurisdiction of the Court.

These Rules aim at creating a system for speedy dispensation of justice and fast-tracking of proceedings in the Court, and in particular the hearing and determination of interlocutory applications, motions and notices by:
(a) ensuring that in the determination of appeals against the decisions, awards, or recommendations of the Industrial Arbitration Panel, an Arbitral Tribunal, the Registrar of Trade Unions, or any Commission, Authority or Committee vested with power to deal with any matter within the jurisdiction of the Court and such bodies created by any Act or law (hereinafter referred to as Arbitral Body), the Court will only entertain and determine applications which cannot be taken with the appeals or are based on clear issues of fact and not on recondite points of law;
(b) ensuring that a Judge or a panel of Judges is assisted in the determination of all matters to reduce delay occasioned in the hearing of proceedings in matters before the Court;
(c) reducing as much as possible the time spent on the hearing and determination of interlocutory applications during proceedings and reducing the possibility of parties making use of interlocutory applications to frustrate the expeditious conduct of cases;
(d) discouraging unwarranted or frivolous adjournments occasioned by counsel;
(e) reducing the delays that may arise in the dispensation of justice by the Court;
(f) facilitating the integration of Alternative Dispute Resolution (ADR) as provided in Section 254C(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended by the Third Alteration Act, 2010), with adjudicatory mechanisms to expand and provide easier and fairer access to justice for all classes of parties.

(1) In any civil proceedings before the Court, it shall be the primary duty of the Court after the parties have joined issues, to promote reconciliation, encourage as well as facilitate amicable settlement of the dispute amongst the parties.

(2) Any of the parties before the Court, may apply to the Court for time within which to reach an amicable settlement of the dispute.

(1) Any reference herein includes a reference to anything done under any corresponding Statute or Rules of Court ceasing to have effect on the commencement of these Rules.

(2)(a) Except where the context otherwise requires, any reference in these Rules to any enactment shall be construed as a reference to that enactment as subsisting with regard to construction or reference to law, rules, and any other enactment.

(b) Except where the context otherwise requires, any reference in these Rules to any enactment shall be construed as a reference to that enactment as amended, modified, or applied by or under any other enactment.

(3) These Rules shall apply to all proceedings including part-heard causes and matters in respect of steps to be further taken in such causes and matters for the attainment of a just, effective, efficient, and speedy dispensation of justice.

(1) When an action has been filed prior to these Rules and no further step has been taken other than filing, subsequent steps in the proceedings shall be under these Rules.

(2) In all other cases where causes or matters are pending, the Court shall give such directions as may be necessary or expedient to ensure conformity with the requirements of these Rules.

(3) The President of the Court may give practice directions, for the effective implementation of these Rules.

(1) Where a matter arises for which no provisions or adequate provisions are made in these Rules, the Court may adopt and apply any procedure as will in its view do substantial justice to any of the parties concerned in the matter.

(2) These Rules are to be applied by the Court as it considers fit and the Court may depart from the rules of evidence in the interest of justice as provided in Section 12(2)(b) of the National Industrial Court Act, 2006.

(3) The Court may disregard any technical irregularity which is likely to result in a miscarriage of justice.

(1) These Rules shall be interpreted in accordance with the Interpretation Act, Cap I.23 Laws of the Federation of Nigeria, 2004.

(2) In these Rules, unless there is anything to the contrary, or the context otherwise requires, the following words and expression shall have the meanings ascribed to them as follows:

“A matter of National Interest” means a matter relating to a strike, matters referred by the Minister of Labour and Productivity under section 17 of the Trade Disputes Act, 2004, or such other matters as the President of the Court may designate.

“Administrative Judge” means a Judge of the Court designated by the President of the Court to be in charge of a Judicial Division in a Zone.

“agent” whenever the word agent is used in these Rules if it relates to a person at law, body corporate, Commission, agency, or any other body, it means anybody who represents the interest of the person at law, body corporate, Commission, agency or any other body in Nigeria. Any service made on an agent is presumed to be service on the principal.

“Alternative Dispute Resolution” (ADR) means the use of party driven mediation and conciliation processes for amicable resolution of matters between parties.

“Alternative Dispute Resolution (ADR) Centre” means a Centre established in the premises of the Court pursuant to section 254C (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

“The Act” means the National Industrial Court Act, 2006.

“appearance” means conditional or unconditional appearance:
“conditional appearance” means an appearance entered by a defendant or respondent to a suit on protest.
“unconditional appearance” means an appearance entered by a defendant to a suit not on protest as to the commencement or initiation of the action.

“appeal” shall not include an application for leave to appeal.

“Appellant” means any person who appeals or cross appeals against a decision or an award of an Arbitral Body or any statutory authority and an applicant for leave to appeal.

“Application” means a process initiated by motion before the Court.

“Arbitral Body” means Trade Unions, 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 relating to or connected or arising from the jurisdiction of the Court.

“Association” has the meaning assigned to it by the Trades Unions Act.

“Binding Award” shall have the definition ascribed by the Trade Disputes Act and where it is an award confirmed by the Court it shall have the seal of the Court.
An award is binding if it is published in a Gazette by the Minister. Provided that where an award is confirmed by the Court, publication in the Gazette shall not be necessary.

“Cause” includes any action, suit or any other proceedings between claimant(s) and defendant(s), applicant(s)/appellant(s) and respondent(s).

“Certified True Copy” “CTC” means a photocopy or duplicate copy of an original document stamped and certified by a Commissioner for Oaths.

“Chief Registrar” is the Chief Administrative Officer (CAO) of the Court and subject to the approval of the President of the Court is responsible for the day to day running of the operations and administration of the Court.

“Claim” is that aspect of a cause or subject matter in which a party in a matter is stating and seeking the reliefs being sought against any other person(s) in a proceeding before the Court.

“Claimant” is any person seeking any relief (otherwise than by way of counter-claim as a defendant) against any other person(s) in any proceeding.

“Collective Agreement” means any agreement in writing for the settlement of disputes and relating to employment and physical conditions of work concluded between:
(a) an employer, a group of employers or one or more organizations, representatives of employers, on the one hand; and
(b) one or more trade unions or organizations representing workers, or the duly appointed representative of any body of workers, on the other hand.

“Collective Bargaining” consists of negotiations between an employer and a group of employees so as to determine the conditions of employment. The result of collective bargaining procedures is a collective agreement. Employees are often represented in collective bargaining by a union or other labour organization.

“Collective Bargaining Agreement” means an agreement in writing or writings between an employer and a trade union setting forth the terms and conditions of employment or containing provisions in regard to rates of pay, hours of work or other working conditions of employees.

“Collective Dispute” is a dispute between a group of trade unions representing workers and or a group of organizations representing employers.

“Complaint” is a document in which the plaintiff tells the Court the acts of a case, the plaintiff’s version or perspective, and what relief is sought.

“Compact Disk/CD” is an electronic device for storage of data and information in electronic form, either in audio or visual form or both.

“Counsel” means a lawyer licensed to practice law in Nigeria in accordance with the Legal Practitioners Act.

“Counter-claimant” is a defendant in a suit in a matter before the Court who is also claiming against the Claimant in the same suit.

“Court” means the National Industrial Court of Nigeria and includes the President and Judges of the Court sitting together as a panel or one Judge sitting as a single Judge.

“Court Process” or “Process” includes originating process, complaints or originating summons, notice of appeal or other notices, pleadings, orders, motions, summons, warrants and all other documents or written communication filed in the Registry of the Court for which service is required in any proceeding before the Court.

“day” whenever day is referred to in this rule, day means any day other than a Saturday, Sunday or public holiday and when any particular number of days is prescribed for the doing of any act the number of days shall be calculated by excluding the first day and including the last day.

“decision” means any determination of the Court and includes, a judgment, ruling, decree, order, conviction, sentence or recommendation of the Court.

“Defendant” is a party who is sued and is defending the claim or action and it includes a defendant who is a counter-claimant in the same matter as well as a defendant to a counter-claim.

“Designated e-mail address” means the e-mail address(es) the e-filer has designated to the Electronic Filing Manager (EFM) for electronic service of process or document.

“E-filer” means a party or counsel to a party, an authorized agent of a party or counsel who e-files a process or document in accordance with these rules.

“E-filing” is a process by which a party or counsel in that behalf files a process or document with the Court or Court registry by means of an online transmission of the document through an electronic device or computer to a portal operated by an Electronic Filing Manager of the Court.

“Electronic Filing Manager” (hereinafter referred to as EFM) is an officer of the Court or an independent entity designated, contracted or otherwise engaged by the President of the Court to provide the single interface for managing the electronic filings to the various Divisions of the Court.

“E-filed Service” is a method of electronically serving any e-filed process (pleading, plea, motion or other form of request), required to be e-filed with the Court, by electronically transmitting a copy to the EFM for transmission to the designated e-mail address of the party to be served.

“Employee” is an individual who works full-time or part-time under a contract of employment, whether oral or written, express or implied, and has recognized rights and duties. Such individual is also referred to as a worker.

“External Process Server” means a person or body corporate appointed by the President of the Court to serve any Court process or document relating to a matter before the Court on any party or witness in a matter before the Court.

“Fast Track” is the process of giving a matter priority so as to hear it quickly and speedily because of the exigency of the matter.

“File” means to submit a complaint or application or document in the appropriate form (process) and pay the requisite fees either manually or electronically through the Registry of the Court.

“firm” means a business carried on by a sole owner, partnership or body corporate under a separate name.

“Form” means the appropriate form prescribed in the Appendix to these Rules.

“Judicial Division” means a location at which the Court carries out its business in any part of the Federation. All Judicial Divisions of the Court shall be one for the purpose of instituting, commencing and proceeding on any matter within the jurisdiction of the Court.

“Neutral” for the purpose of these Rules, a neutral is a person or entity who has no interest whatsoever either in the cause of the dispute or in the dispute itself between and among the disputing parties and who is taking no side with either of the parties and who is not aligned to any of the parties in the dispute but who is only appointed to facilitate and promote the amicable settlement of the dispute between and/or among the parties.

“Official Process Server” means an officer of the Court designated by the President of the Court or the Rules of the Court to serve Court process(es) or any document(s) relating to a matter before the Court on any party or witness in the matter before the Court.

“Originating Process” means a complaint or originating summons or any other court process(es) by which a suit or action is initiated before the Court.

“out of Jurisdiction” in these Rules means out of the Federal Republic of Nigeria.

“party” means a person, body corporate or an unincorporated body or a n institution, union or organization who is named as having an interest or being connected with a matter or proceeding before the Court.

“President of the Court” means the President of the National Industrial Court of Nigeria.

“Registrar” includes the Chief Registrar and all other registrars of the Court.

“Registry” means the Registry of the National Industrial Court of Nigeria in any Judicial Division of the Court or any State Registries of the Court.

“Registration as an E-filer” constitutes consent to accept electronic service of processes, pleadings or documents or orders issued by the court relating to a matter before the Court e-filed by other registered E-filers (a party or counsel in the same matter).

“representative” means an official or employee of a registered trade union or employers’ organization or any other party in an action or matter before the Court who is representing the party which such official or employee is representing.

“responsible person” in relation to the service of any process or document under these rules means any person who by virtue of the person’s office and standing in the organization or institution is expected to appreciate the importance and relevance of a Court process or document emanating from the Court, which when delivered to and received by the person, such recipient should ordinarily know that the recipient owes it a duty to deliver same to the addressee or otherwise to bring it to the addressee’s attention.

“Respondent” means and includes a person against whom a claim, an application, an appeal or cross-appeal before the Court is pending.

“Sexual harassment” means an unwanted, unpleasant, offensive or threatening conduct of a sexual nature distinguished from sexual attention that is welcome and mutual. Sexual attention becomes sexual harassment if:
(a) the behavior is persistent, although a single incident or instance can constitute sexual harassment; and/or
(b) the recipient has made it clear that the behaviour is considered offensive; and/or
(c) the perpetrator should have known that the behaviour is regarded as unacceptable.

“State Registry” means an office established by the President of the Court for the purpose of carrying out its functions or as may be designated in a Practice Direction under these Rules.

“Suit” means an action or a matter brought or pending before the Court.

“Taxing Officer” means the Chief Registrar or such other officer of the Court as the President of the Court may appoint to tax costs.

“Technical failure” is defined as a malfunction of the Electronic Filing (EF) portal or the court’s owned or leased hardware, software, or telecommunications equipment that results in the inability of an e-filter to e-file a process or document.

“Trade Dispute” means any dispute between employers and workers or between workers and workers, which is connected with employment or non-employment, or the terms of employment and physical conditions of work of any person.

“Trade Disputes Act” An Act to provide for the settlement of trade disputes and other matters ancillary thereto.

“Trade Union” has the same meaning as the Trade Unions Act or a labour organization that is not employers’ dominated organization.

“Tribunal” means an Arbitral Tribunal, including a Board of Inquiry, Registrar of Trade Unions and any other body or authority dealing with any cause or matter on which jurisdiction is conferred on the Court.

“Unfiled document e-service” is a method of electronically serving documents that are not required to be e-filed with the Court but are required to be served on all other parties to the action. Unfiled document e-service occurs by electronically transmitting the documents to the EFM for transmission to the designated e-mail address of the party to be served.

“within jurisdiction” means within the Federal Republic of Nigeria.

“Worker” means any employee, that is to say any public officer or any individual (other than a public officer) who has entered into or works under a contract with an employer; whether the contract is for manual labour,

Words other than those defined in rule 10 of Order 1 of these Rules, shall have the same meanings as in the Act.