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.

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.