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The Supreme Court’s Position on Appeals from the National Industrial Court

Until recently, the general belief and practice in relation to matters decided by the National Industrial Court (the Court) was that all decisions of the Court were final and could not be appealed against except issues relating to breach of fundamental human rights and criminal matters.

However, on June 30, 2017 the Supreme Court (SC) held otherwise, in the case of Sky Bank Nigeria Plc. VS Anaemem Iwu. A 5-man panel of the SC held that the jurisdiction of the Court of Appeal covers all appeals from the National Industrial Court and that jurisdiction is not limited to criminal matters or issues of fundamental human right.

The SC explained that no provision of any legislation expressly divests the Appeal Court of their appellate powers over any decision of the National Industrial Court.

Accordingly, all decisions of the National Industrial Court can now be appealed against at the Court of Appeal.

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