UPDATED: Court Of Appeal Can Hear All Appeal From NIC – Supreme Court

THE Supreme Court of Nigeria on Friday laid to rest issues bordering on the jurisdiction of the Court of Appeal to hear appeals emanating from the National industrial Court (NIC). A full panel of Justices of the apex court, in a judgment delivered yesterday held that there is no constitutional provision divesting the Court of Appeal of jurisdiction to hear appeals emanating from the National Industrial Court. The apex court also held that the right of appeal is not limited to fundamental rights cases. The apex court made this known in its judgment yesterday in an appeal marked SC/885/14, Skye Bank Plc V. Anamem after a full panel of the court presided over by Justice Mary Peter-Odili heard arguments from parties who contend that the decisions of the NIC are generally appealable on one hand and parties who contend to the contrary on the other hand in consolidated appeals that came by way of reference under section 295 of the 1999 Constitution. Recalled that the Lagos Division of the Court of Appeal had in 2014 referred to the apex court the appeal in Mainstreet Bank Ltd (now Skye Bank Limited) vs Victor Anamem Iwu seeking a resolution of the substantial question of law on finality of decisions of the NIC. The Skye Bank appeal was consolidated with another related appeal, Coca-Cola Nigeria Limited vs Mrs Titilayo Akinsanya in which the Court of Appeal Lagos Division held that there is no general right of appeal for a litigant against the decision of the NIC except as limited in Section 243(2)-(4) of the 1999 Constitution (as amended). The issue of ‘finality’ of the decisions of NIC had generated a lot of controversy in the legal profession, among litigants, employees, employers of labour and the academia resulting in conflicting decisions by the Court of Appeal in various divisions, with several appeals awaiting the outcome of the decision of the Supreme Court on the vexed issue. The conflicting decisions of the Court of Appeal arose mainly in their interpretation of Sections 240 and 243 (1-4) of the 1999 Constitution (as amended) by the 3rd Alteration Act of 2010. The 3rd Alteration had promoted the NIC from the status of an inferior court to a superior court of records having the same powers like a High Court. Section 240 of the Constitution listed the NIC as one of the courts from which an appeal can rise from their decisions to the Court of Appeal. However, section 243(2) granted a right of appeal to litigants in matters relating to fundamental rights connected to the jurisdiction of NIC as of right. On February 13 and 15, 2013, the Court of Appeal sitting at Ado-Ekiti Division decided four cases viz: Local Government Service Commission, Ekiti State and Anor. Vs Mr. M. A. Jegede (2013) Lpelr-21131; Local Government Service Commission, Ekiti State and Anor. Vs Mr. M. K. Bamisaye (2013) Lpelr-20407; Local Government Service Commission, Ekiti State and Anor. Vs Francis Oluyemi Olamiju (2013) Lpelr-20409, and Local Government Service Commission, Ekiti State and Anor. Vs Mr. G. O. Asubiojo (2013) Lpelr-20403, that litigants have right of appeal as of right in matters relating to fundamental rights as granted by section 243(2) of the Constitution and also that litigants can appeal with leave of the Court of Appeal on all other matters. In other words, the Appeal Court held that the NIC is not a final court and that the decisions of the NIC are appealable to the Court of Appeal. However, later in the same year, the Lagos Division of the Court of Appeal surprisingly, in the ‘Coca Cola case’ -Coco-Cola (Nig) Limited vs. Akinsanya (2013) 18 NWLR (pt. 1386) 225 – delivered on July 4, 2013, held that until the National Assembly passes a law granting litigants right of appeal with leave, that the right does not exist. In other words, it held that the right of appeal from decisions of the NIC to the Court of Appeal is limited to decisions of the NIC relating to fundamental rights. This was the confusing state of the law until a Lagos-based lawyer, Dr Charles Mekwunye, appearing for Skye Bank, lodged an appeal at the Court of Appeal and thereafter applied for a reference to the Supreme Court, seeking the interpretation of the said sections of the constitution.]]>