The Controversial Jurisdiction of the National Industrial Court of Nigeria over Labour-Related Maritime Claims: A Comparative Analysis

Abstract

The jurisdiction of the National Industrial Court of Nigeria (NICN) over labour-related maritime claims is a subject of growing interest and legal debate. While the NICN enjoys exclusive jurisdiction over labour and employment matters under section 254(C) of the 1999 Constitution of Nigeria (as amended), its jurisdiction over maritime labour disputes remains a grey area. This article explores the tension between the NICN’s mandate and the Admiralty Jurisdiction Act, which grants the Federal High Court exclusive jurisdiction over maritime claims, including those that are labour-related. The article also examines comparative jurisdictions, specifically India and South Africa, where similar maritime labour claims are adjudicated. Apart from sharing a common-law heritage with Nigeria, these countries are all developing economies in which the courts routinely entertain labour-related maritime claims. The article offers recommendations to address the jurisdictional conflict in Nigeria, advocating for legal clarity to enhance access to justice for maritime workers and to harmonise judicial practices across the courts.