Unpacking The National Industrial Court Of Nigeria (Filing Of Applications/Motions In Trade Union Matters And Marking Of Exhibits) Practice Direction (No.1) 2022

Written By Babayemi Olaniyan Esq, & Oyinloye B. Opajobi

INTRODUCTION

Practice Directions are guidelines with the force of law enacted to assist Rules of Court to become more effective in regulating the procedure of presenting grievances of parties. A Practice Direction is a delegated or subsidiary legislation made pursuant to the power granted by the Principal Legislation. The Supreme Court in the case of Buhari v INEC^[1], in describing Practice Direction, held that it directs the practice of the Court in a particular area of its procedure. For a Practice Direction to be valid, it must be done in accordance with the delegating Legislation^[2].

The President of the National Industrial Court Honourable Justice B.B Kanyip, PhD, exercised his power to make practice directions in the recently enacted.  National Industrial Court of Nigeria (Filling of Applications/Motions in Trade Union Matters and Marking of Exhibits) Practice Direction (No. 1) 2022.

The laws which provided for the said powers to make practice directions are: Section 254(F) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Section 36 of the National Industrial Court Act. 2006, Order 1 Rule 8 (3) of the National Industrial Court of Nigeria (Civil Procedure) Rules, 2017. The validity of the action of His Lordship is not questionable.

The new practice direction provides for the following:

FILING OF APPLICATIONS/MOTIONS IN TRADE UNION MATTERS:

The New Practice Direction provides that all forms of originating processes including applications and motions, particularly such that seek for order(s) to restrain the holding of delegates’ conference of a trade union or conduct of trade union elections, are to be filed either in Abuja or Lagos Judicial Division of the Court only.

The provisions of this direction are set to stir jurisdictional questions as the National Industrial Court has Nationwide jurisdiction so why limit certain matters to only Abuja and Lagos. It is however clear that this provision does not in any way affect the territorial jurisdiction of the court. The Court however has to provide more clarity on the extent to which this direction affects its jurisdiction especially since the Court is regarded as one of the most public-friendly and innovative Courts in Nigeria.

MARKING OF DOCUMENTS/EXHIBITS

The new Practice Direction provides guidelines for the marking of documents and exhibits to be relied on during trial. It provides that parties to a dispute must clearly indicate all the documents to be relied upon at the trial of the case.

For the Claimant, it should be contained in the claimant’s statement of facts and the witness statement on oath, for the Defendant, it should be contained in the statement of defence and witness statement on oath.

It also directs that all the documents be marked serially as in the originating summons. The Practice Direction provides that the part of the document (paragraph, page or part of the document to be so relied upon in the attached document must be concisely referred to and be appropriately marked as to be discernable in terms of the fact being proved.

These guidelines are expected to ease the process of document identification during trial. It is commendable and believed would facilitate speedy adjudication of matters before the Court. This will in no small way assist the quick dispensation of justice.

The new Practice Direction provides that where a party intends that a frontloaded document will be tendered in evidence at the hearing of a matter, he must indicate if the original of such frontloaded document will be available/produced for inspection at the hearing of the matter; and that where the document so frontloaded is such that will require the laying of a foundation before it can be admitted in evidence, such party must indicate so and must lay such necessary foundation in the statement of facts/ statement of defence and witness statement on oath. This is expected to aid the parties and hasten the reconciliation of documents.

Further, the Practice Direction states that for a defendant who intends to object to the admissibility of a document to be tendered by a claimant, such objection must be clearly indicated in the statement of defence and witness statement on oath, and state the basis of the objection. This is a great innovation and will save the time spent on arguing the admissibility of documents and reduce the springing up of surprises. This will also assist the other party to amend if necessary to enable the Court do substantial justice.

It also provides that a claimant’s reply to the statement of defence must clearly and concisely refer to and clearly indicate paragraph, page, or part of the documents to be relied upon at the trial of the mater and a claimant who intends to object to the admissibility of a document to be tendered by a defendant at a trial must indicate so in the reply to the statement of defence and must state the basis of his objection in the statement of defence and witness statement on oath.

 NON-COMPLIANCE.

The Practice Direction provides that the penalty for non-compliance with the above directions is that defaulting processes would not be accepted for filing at the registry and in the event, it is accepted, it will be regarded by the Court as incompetent. If the process in the Claimant’s statement of facts and witness statement on oath, the entire suit shall be struck out. If the processes are the defendant’s statement of defence and witness statement on oath, the process would be struck out. The consequences are dire. It may have been appropriate if the Court permitted for parties to amend instead of an outright striking out.

APPLICABILITY& COMMENCEMENT

The practice directions will take effect from the 13th of June 202. This means that any process filed from the 14th of June 2022 must comply with the above provisions. Further, it must be stated that this Practice Directions will only apply to processes to be filed after 13th June 2022.

CONCLUSION

The practice direction is set to ease the job of the Court and facilitate expeditious disposal of cases. It however might provide a lacuna and make room for technical rulings by the court as matters would be struck out for non-compliance. It can also pose a challenge for counsel and litigants who have to file cases at Abuja and Lagos judicial divisions. The registries of these courts may become overwhelmed thereby truncating the desire and need for expeditious trials.

The Court may need to create a channel to ease the challenges that may present themselves as a result of these new innovations. On the whole, the Practice Directions is a welcomed development.

Caveat:

The information above is solely for educational and information purposes and is not meant to serve as legal advice.

For more information contact Lehi Attorneys on

www.lehiattorneys.org

Info@lehiattorneys.org

^[1] SC 51/2008

^[2]  FBIR v Halliburton (WA) ltd (2014) LPELR- 24230

Written By Babayemi Olaniyan Esq, Oyinloys B. Opajobi