SKYE BANK V ANANEM IWU: RESPITE FOR AGGRIEVED LITIGANTS AT THE NATIONAL INDUSTRIAL COURT OF NIGERIA
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Keywords

Right to Appeal
Nigeria
Industrial Court
Constitution

How to Cite

IFEOLUWA A. OLUBIYI. (2018). SKYE BANK V ANANEM IWU: RESPITE FOR AGGRIEVED LITIGANTS AT THE NATIONAL INDUSTRIAL COURT OF NIGERIA. Unimaid Journal of Public Law, 5(2), 278 - 291. Retrieved from http://journals.unimaid.edu.ng/index.php/unimaid-journal-of-public-law/article/view/99

Abstract

The right to appeal against the decision of a lower court is guaranteed by the provisions of the Constitution of the Federal Republic of Nigeria 1999. However, this right of appeal is strictly statutory and can only be exercised within the bounds of the Constitution, the enabling Acts of the relevant court and the relevant rules of court. Until recently, the provisions of section 243 of the 1999 Constitution (as amended) has been interpreted and applied by the court to mean that the decisions of the National Industrial Court are final except in criminal matters and matters relating to fundamental human rights. This supposed finality of the decision of the NIC, a court of first instance, has been criticised as being inimical to the administration of justice. Recently, conflicting decisions of the Court of Appeal necessitated a resolution of the controversy by the Supreme Court. Skye Bank v. Ananem Iwu (2017) 13 NWLR [pt 1590] 24 provided the needed opportunity for the Supreme Court to put the matter to rest. This paper therefore examines the concept of appeal and the supposed finality of the decisions of the NIC. It examines the decision of the court in Skye Bank v. Ananem Iwu and thereafter makes recommendations on the way forward with regards to appeals from the NIC in order to ensure effective administration of justice in labour and industrial matters.

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