The Constitutional Jurisdiction of the National Industrial Court: The Unsettled Exclusiveness Question

The National Industrial Court (NIC) was established in 1976 by the Trade Dispute Decree No. 7 of 1976 (TDD). The TDD was later amended by the Trade Dispute (Amendment) Decree No. 47 of 1992 (the "TDA"). The crux of the TDA was the purported elevation of the NIC to the status of a Superior Court of Record, contrary to the clear provisions of the Constitution of the Federal Republic of Nigeria, 1999 (the "1999 Constitution") which excluded the NIC from its list of Superior Courts of Record. Many writers had criticized and questioned the legality and constitutionality of the status bestowed on the NIC by the TDA.