CIVIL PROCEDURE — Jurisdiction — Trade Disputes — Exclusive jurisdiction of National Industrial Court not engaged where no employer-employee relationship exists
Ratio Decidendi
Per Chukwuma-Eneh, JSC, in National Union of Electricity Employees & Anor v. Bureau of Public Enterprises (2010) NLC-123-62-2004(SC) at pp. 20–21; Paras C–A:
"In my view compliance with the provisions of Section 47 (supra) is indispensable not only to making an industrial action qualify as a Trade dispute but also to enable the employees claim a right to strike and so non actionable within the provisions of Section 43(1) of the Trade Union Act."
Explanation / Scope
This principle establishes that compliance with Section 47 of the Trade Union Act is indispensable for an industrial action to qualify as a trade dispute and for employees to claim a right to strike. The principle applies where trade dispute jurisdiction is in issue. It ensures that the National Industrial Court’s exclusive jurisdiction is only engaged when a proper trade dispute exists. The principle reflects the statutory requirements. It prevents parties from invoking trade dispute jurisdiction without compliance. The court must determine if the requirements are met. The principle provides guidance on the scope of trade dispute jurisdiction.