In a landmark ruling, the National Industrial Court (NIC) of Nigeria, presided over by Hon. Justice Oluwakayode Arowosegbe, has once again struck down the Public Officers Protection Act (POPA) as “illegal, null, void, and unconstitutional.” The judgment marks a significant shift in the legal landscape for labour law in Nigeria, as the court reaffirmed its exclusive jurisdiction to handle matters relating to employment, industrial relations, and workplace issues.
Justice Arowosegbe ruled that the NIC is not bound by the procedural requirements of general statutes, particularly the POPA, once the court has substantive constitutional jurisdiction over a matter. Section 254C-(1)(b) of the Nigerian Constitution grants the NIC exclusive authority to interpret and apply statutes relating to labour and employment issues, thus rendering POPA— a general statute designed to protect public officers against suits from any party—irrelevant to employment disputes.
In his ruling, Justice Arowosegbe emphasized that the NIC, being a specialized court for labour disputes, cannot be subjected to the same procedural laws that apply to general public officers or authorities. POPA, in its current form, does not address employment relations but applies broadly to all public officers, including those who are not engaged in labour or industrial work. The judge argued that the POPA’s rigid three-month time limitation for filing suits, without any judicial discretion for extensions, violates international labour standards, including the International Labour Organization’s (ILO) Convention 158 on Termination of Employment and Nigeria’s own Trade Disputes Act (TDA).
The case stems from a dispute involving Dr. Eze, a claimant seeking the reinstatement of his position following what he asserts was an unlawful suspension and termination by the Federal Polytechnic Ohodo. The institution raised preliminary objections to the suit, asserting that POPA applied, as Dr. Eze filed the suit well beyond the three-month window set by the Act. However, Dr. Eze’s legal team countered that POPA should not apply to contracts of public employment, and the case was not barred by time.
Justice Arowosegbe took a deep dive into the legal implications of POPA, noting that the Act’s blanket prohibition on suits filed outside the designated period is an affront to the right to access justice, as guaranteed under international conventions like the ILO’s C158. He pointed out that labour law must prioritize speed and efficiency, and cannot be hampered by technical barriers like pre-action notices, which POPA demands.
The judge further noted that the case brought before the NIC arose under the jurisdiction of the Third Alteration Act of Nigeria’s Constitution, which protects workers’ rights and guarantees better terms and conditions for employment. Justice Arowosegbe highlighted that modern Nigerian employment law has evolved into a “sui generis” (specialized) system, which should not be confined by general procedural laws such as POPA, emphasizing that labour disputes must be governed by their own set of rules and principles.
The ruling also referenced the growing body of international labour law, with more than 5,000 standards set by the ILO, underscoring the significance of these global norms in shaping Nigerian employment jurisprudence.
In addition to striking down POPA’s applicability to employment contracts, Justice Arowosegbe ordered that all actions relating to the advertisement for Dr. Eze’s replacement as Bursar at the Federal Polytechnic Ohodo be stayed pending the final determination of the case. The court awarded N300,000 in costs and adjourned the case for hearing on the merits.
This ruling not only reaffirms the NIC’s role as a specialized court for labour matters but also sets a precedent for future cases involving public officers and employment law in Nigeria.