LOCAL GOVERNMENT SERVICE COMMISSION, EKITI STATE & ANOR v. FRANCIS OLUYEMI OLAMIJU
(2014) LCN/6891(CA)
RATIO
WHETHER THE COURT OF APPEAL WOULD EXERCISE APPELLATE JURISDICTION OVER THE DECISIONS OF THE NATIONAL INDUSTRIAL COURT
The Court of Appeal by virtue of Section 240 and 243 of the 1999 Constitution is in a position to exercise appellate jurisdiction over the decisions of the National Industrial Court and there is no provision in any provision of the said Constitution which divested, the Court of Appeal of appellate jurisdiction over the decisions of the National Industrial Court on any matter. A careful examination of the Sections of the Constitution set out earlier in this Ruling would reveal that the Court of Appeal has power to entertain appeals as of right from the decisions of the National Industrial Court on questions of Fundamental Human Rights. However, that does not presuppose that the Court of Appeal can only exercise appellate jurisdiction on questions of Fundamental Human Rights.
The proviso in Section 243(3) of the Constitution states that: “Provided that where An Act or Law prescribes that an appeal shall lie from the decisions of the National Industrial Court to the Court of Appeal, such shall be with the leave of the Court of Appeal.” Although there is no Act of National Assembly which prescribed that Appeal shall lie from the decision of the National Industrial Court to the Court of Appeal But Section 240 of the 1999 Constitution of the Federal Republic of Nigeria as amended which is THE LAW has stated in clear terms that the Court of Appeal shall have jurisdiction to the exclusion of any other Court of law in Nigeria to hear and determine appeals from the National Industrial Court.
This is further emphasized by Section 243(4) which stated among others that the decision of the Court of Appeal in respect of any appeal arising from any civil jurisdiction of the National Industrial Court shall be final. (Underlining Mine). The word in respect of any civil appeal arising from any civil jurisdiction as shown above revealed that the appellate jurisdiction of the Court of Appeal was not intended to be limited, or circumscribed to Fundamental Rights matters. The said Section gives the right of Appeal to any aggrieved person in any civil matter in the National Industrial Court It should also be noted that where there is no right of appeal to an aggrieved party, it would lead to in Juctice and bring about self-help which may affect the peace and stability of this Country called Nigeria.
Furthermore, Section 9 of the National Industrial Court Act is subject to the provisions of the 1999 Constitution of the Federal Republic of Nigeria (as amended). There is nothing in the Act which says that the National Industrial Court shall have final say in any matter before it. It is trite that if an appellate Court like the Court of Appeal is to be divested of its jurisdiction it is done by express provision and not by implication. Per JIMI OLUKAYODE BADA, J.C.A
