Order 3 — Forms and Commencement of Action

(1) Civil proceedings in the Court may be commenced by:
(a) Complaint; Form 1.
(b) Originating Summons; Form 45, 46.
(c) Originating motions;
(d) Application for Judicial Review;
(e) Notice of Appeal or Petition;
(f) Referral from the Minister of Labour and Productivity;
(g) by any other means that may be prescribed by these Rules, Act or Law in force in Nigeria.

(2) Civil proceedings that may be commenced by way of Complaint include all matters in which the Court has exclusive jurisdiction as provided in section 254C(1) paragraphs (a) – (k) and (m) of the Constitution of the Federal Republic of Nigeria 1999 as amended) or by any Act or law in force in Nigeria.

(3) The processes mentioned in sub-rule (1) of this rule shall be filed and sealed in any of the Registries of the Court in accordance with the provisions of Order 2 rule 1 of the Rules of this Court.

Where any matter relating to Section 254C(1)(d) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) is to be filed before the Court, such matter, if:
(a) it relates only to interpretation, shall be by way of Originating summons;
(b) it relates to interpretation and application shall be by way of Complaint.

Civil proceedings that may be commenced by way of Originating Summons include matters relating principally to the interpretation of any constitution, enactment, agreements or any other instrument relating to employment, labour and industrial relations in respect of which the Court has jurisdiction by virtue of the provisions of section 254C of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) or by any Act or law in force in Nigeria.

Actions that may be commenced by Application for Judicial Review include all matters necessitating application for an order or for a declaration or for mandamus, prohibition, certiorari or injunction, in such matters on which the Court has exclusive jurisdiction, as provided in section 254C(1) paragraphs (a) – (k) and (m) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) or by any Act or law in force in Nigeria.

(1) Civil proceedings that may be commenced by Notice of Appeal or by Petition include all matters in respect of which the Court has appellate jurisdiction as provided in section 254C(1) paragraph (1) (i) and (ii) of the Constitution of the Federal Republic of Nigeria, 1999 as (amended) or by any Act or law in force in Nigeria.

(2) Other civil proceedings that may be commenced by Notice of Appeal include matters on which appellate jurisdiction has been conferred on the National Industrial Court by the provisions of Section 55 (4) of the Employees’ Compensation Act, 2010.

Civil proceedings that may be commenced by referral from the Minister of Labour and Productivity include such matters in respect of which the Court has jurisdiction in accordance with the provisions of Section 14 of the Trade Dispute Act.

(1) Whenever a party to a suit intends to move the Court to take any action touching on or concerning or in respect of a matter already before the Court either as Complaint, Originating summons, or Appeal, such action shall be by Motion on Notice.

(2) (a) Whenever an interested party to a suit prays the Court to grant the party hearing ex parte, such application shall be made by Motion ex parte supported by an affidavit setting forth the grounds upon which hearing is sought as well as a Written Address.

(b) The application shall be on matters in which the Court has exclusive jurisdiction and on issues that relate to the proceedings of the Court such as:
(i) an application for leave of Court to serve out of jurisdiction;
(ii) a request for substituted service;
(iii) an application for an interim order of injunction, or
(iv) Other applications of an interlocutory nature as the Court may deem fit to order.

The Complaint shall state specifically the relief or reliefs claimed either singly or in the alternative and it shall not be necessary to ask for general or other reliefs which may be given as the Court may think just.

The Complaint shall be accompanied by:
(a) a statement of facts establishing the cause of action;
(b) a list of witnesses to be called;
(c) a Written Statements on oath of all witnesses listed to be called by the Claimant; and
(d) a list and number of copies of documents and other exhibits to be tendered at the trial.

The Complaint shall be in the format set out in Form 1 and shall contain:
(a) in PART 1 the following information:
(i) the title of the matter;
(ii) the suit number assigned to the matter by the Registrar of the Court;
(iii) an address for service of the party or of the party’s counsel filing or delivering the document, at which the party will accept notices and service of all documents in the proceedings; and
(iv) a notice to the other party that if that party intends to oppose the matter, a response shall be filed by such party in accordance with the provisions of Order 15 Rules 1, 2, 3 and 4 within fourteen (14) days of service of the statement of claims, failing which the matter may be set down for default judgment and order for costs may be granted against that party.

(b) in Part 2 the following information:
(i) the names and description and addresses of the parties;
(ii) a clear and concise statement of the material facts establishing the cause of the action in chronological order, on which the party relies, which statement shall be sufficiently particularised to enable any opposing party to reply to;
(iii) a clear and concise statement of the legal issues that arise from the material facts, which statement shall be sufficiently particularized to enable any opposing party to reply to; and
(iv) the relief sought;

(c) The Complaint shall:
(i) be signed by the party to the proceedings or by such party’s legal practitioner;
(ii) express all dates, sums and numbers contained in the document in figures;
(iii) be accompanied by a schedule listing the documents and the number of document and exhibits that are material and relevant to be used at the proceedings.

(1) In addition to the provisions of Rules 8 and 9 of this Order, the Claimant shall file along with the claim, a schedule of all documents and exhibits to be relied upon at the trial and upon filing, forward an advance copy of same to the defendant(s).

(2) Within fourteen (14) days of the receipt of the schedule referred to in sub-rule 1 of this rule, the defendant shall file an acknowledgment indicating the document(s) the admissibility of which the defendant shall not be objecting to as well as those documents the admissibility the defendant shall be objecting to at the trial.

(3) Any document and exhibits contained in the schedule which is/are not objected to by the defendant(s) may be deemed admitted and shall not be allowed to be objected to at the trial, except as the Court may otherwise direct.

Provided that:
(a) where the admissibility of a document is not objected to as provided in sub-rule (2) of this rule, the party seeking to put in the document in evidence shall tender same as an exhibit and the Court shall admit and mark same as an exhibit.
(b) where the admissibility of a document contained in the schedule is objected to by the Defendant, the ground of objection shall be raised at the trial and the Court may immediately or at judgment rule on the objection raised by the party to the admissibility of the document.

(1) Where a party files an originating process arising from or connected with payment or non-payment of any monetary claim or salary, allowances, pensions, gratuity or benefit arising from any employment, the party shall clearly state in the statement of claim:
(a) the source of the claim;
(b) the amount being claimed or owed;
(c) when the amount for payment became due;
(d) when the demand(s) for payment was or were made;
(e) how the demand(s) for payment was or were made; and
(f) the response, if any, of the defendant to the demand(s) for payment being made.

(2) An employee or an employee’s dependant may file an originating process for compensation on any matter relating to or connected with death or injury, illness or disease at the workplace or in the course of the employee’s employment or engagement.
Provided that the employee or the employee’s dependant has not filed an appeal to the Board implementing the Employee’s Compensation Act, 2010, in accordance with the provisions of Section 55 (4) of the Employee’s Compensation Act, 2010.

(3) Where an employee or employee’s dependant has elected to take the employee’s request for compensation to the Board implementing the provisions of the Employee’s Compensation Act such employee or employee’s dependant shall not file an originating process with the National Industrial Court of Nigeria.

(4) Where an employee or employee’s dependant files an originating process for compensation pursuant to sub-rule (2) of this rule, the employee or employee’s dependant shall clearly state in the originating process or statement of claim:
(a) the name and address of the employee;
(b) the name and address of the employer;
(c) the place, date and time of the illness, disease, injury or death;
(d) the nature and cause of the death, injury, disease or illness;
(e) the name and address of any specialist or accredited medical practitioner who attended to the employee;
(f) the report(s) of the specialist or accredited medical practitioner who attended to the employee;
(g) copy(ies) of the report of the death, injury, illness or disease informing the employer of occurrence of death, injury or disease; and
(h) copy(ies) of the employee’s correspondence with the employer on the request for compensation and responses, if any.

(5) Where a defendant is served with an Originating Process that conforms with rules 8 and 9 of this Order, the defendant shall explicitly and clearly state in details in the defendant’s statement of defence:
(a) whether the defendant admits the claim in whole or in part;
(b) if the defendant admits the claim in part, the defendant shall state what part of the claim is admitted and how the defendant intends to pay the part or amount admitted;
(c) if the defendant has a counter-claim or set-off against the claim, the defendant shall clearly so state in the defence and shall proceed to file and plead the counter-claim which shall be treated as a separate claim;
(d) where the defendant files a counter-claim or set-off as defence to the Claimant’s claim, the Claimant shall file a statement of defence to the counter-claim and/or the set-off within seven (7) days of the date of receipt of the counter-claim and/or set-off;
(e) where the defendant admits part of the claim, the Claimant may bring an application for the payment of the part admitted by the Defendant;
(f) where in a matter before the Court, the defendant admits part of the claim, the Court may suo motu enter judgment for the payment of the part of the claim admitted by the Defendant.

(6) Where there is an admission of part of the claim, the Court shall proceed to hearing the remaining part of the claim or counter-claim.

Where the Claimant is challenging the termination of appointment, the suspension or dismissal of the Claimant therefrom, the Complaint shall be accompanied by the Claimant’s letter of appointment, if any, together with a letter of confirmation of appointment, letter(s) of promotion where applicable, notice or letter of suspension, termination of appointment or dismissal and all other documents the Claimant wishes to rely upon at the trial of the suit.

The Defendant thereto may by a statement on oath supported by a counter-affidavit and accompanied by relevant documents respond to the documents filed by the Claimant.

Notwithstanding the provisions of rules 9 and 10 of this Order, a party in a matter before the Court may apply for leave to call additional witness(es) after filing the party’s list of witnesses.
Provided that such a party shall file along with the application for leave, the said witness(es)’s written statement on oath subject to the provisions of Order 15 of these Rules.

(1) Any person claiming to be interested under an enactment, constitution, agreement or any other written instrument may by originating summons apply to the Court for the determination of any question of construction arising from the instrument and for a declaration of the rights of the person(s) interested, in so far as such question of construction arises from a subject matter over which the Court has jurisdiction.

(2) A party activating the interpretative jurisdiction of the Court shall indicate with sufficient particularity the provisions or part of the document sought to be interpreted.

(3) Where the claimant complains against an award or decision of an Arbitral Tribunal, Board of Inquiry, decision of the Registrar of Trade Unions or decision of the Board empowered to implement the Employee’s Compensation Act, 2010 or any other authority in respect of any matter within the jurisdiction of the Court (hereinafter referred to as Arbitral Body), the complaint shall be accompanied by a Record of Appeal, which shall comprise:
(a) The Notice of Appeal against the decision of the Arbitral Body being complained of;
(b) Certified True Copy(ies) of all the processes exchanged by the parties at, or the representations made to the lower Tribunal;
(c) Certified True Copy(ies) of the record of proceedings before the Arbitral Body (where applicable);
(d) Certified True Copy of the Award or decision of the Arbitral Body; and
(e) Appellant’s Brief of Argument.
Provided that in the case of an appeal from the decision of the Board of the Employee’s Compensation Act, 2010, the appellant has not filed an Originating process with the Court on the same subject matter of compensation for death, injury or disease, illness or disability or ill-health or safety at the workplace.

(1) An Originating summons shall be accompanied by:
(a) an affidavit setting out the facts relied upon to sufficiently identify the cause or causes of action in respect of which the claimant claims relief or remedy;
(b) copies of the instrument indicating part(s) sought to be construed (other than an enactment) and other related documents;
(c) a Written Address containing the issues to be determined and succinct argument of the issues.
Provided that where a suit raises a substantial dispute of facts or is likely to involve substantial dispute of facts, it shall not be commenced by way of originating summons, but by Complaint as provided for in rules 8 and 9 of this Order.

(2) Where in the opinion of the Court, a suit commenced by Originating summons raises substantial issues and dispute of facts, the Court shall not strike out the matter, but may order its conversion to Complaint and direct the parties to file and exchange pleadings and conduct the trial of the case in accordance with the Rules of the Court governing trial.

Where a Claimant has appointed or instructed Counsel to represent the Claimant in Court, and the Counsel has entered appearance, all processes in the matter shall be served on the Claimant’s Counsel, except as the Court may otherwise direct.

The party filing an Originating Process as provided in rule 17 of this Order shall leave at the Registry sufficient number of copies thereof together with all the accompanying documents for service on the Defendant(s) or Respondents(s) and five (5) copies to be kept in the case file.

Court process(es) shall only be submitted for filing in any of the Registries of the Court between the hours of 8.00 a.m. and 3.00 p.m. during working days.
Provided no process(es) shall be received on Saturdays, Sundays and on public holidays.

(1) Where a Claimant fails to comply with rules 7, 8 and 9 of this Order, as the case may be, the Claimant’s originating process shall not be accepted for filing by the Registry.

(2) Where a Claimant fails to comply with rules 9 and 10 of this Order, the Defendant may file a motion on notice challenging the competence of the action filed by the Claimant. Such notice shall be filed within seven (7) working days from the date of receipt of the originating process and shall state the grounds of incompetence in the supporting affidavit.

(3) Where the Claimant receives the notice in sub-rule 2 of this rule, from the Defendant(s), the Claimant shall file a counter-affidavit in response to the notice within five (5) working days. The counter-affidavit shall be supported by a Written Address.

(1) The Registrar shall indicate the date and time of presentation for filing on every originating process presented and shall arrange for service thereof to be effected on the other parties.

(2) An originating process shall not be altered after it is sealed except upon application to the Court.

(1) Whenever service of pre-action notice is statutorily required for a party to bring an action against a defendant, the party bringing the action shall file a photocopy of the pre-action notice served on the Defendant along with an originating process.

(2) Where an action is filed without a photocopy of the pre-action notice, the Court may declare the process incompetent.