The Innovations of the 2017 National Industrial Court Rules (Reviewed)

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The Innovations of the 2017 National Industrial Court Rules (Reviewed)

On January 5, 2017, the National Industrial Court (NIC) Rules 2017 came into being repealing the 2007 Rules of the National Industrial Court. With 67 Orders as against 31 Orders of the 2007 Rules, the new Rules made revolutionary changes to the practice and procedure of the NIC. This work seeks to outline the innovations, purport and importance of the new Rules on proceedings, access and dispensation of justice at the Nation’s exclusive court for the determination of labour related disputes.

Purport of the Rules
Order 1, Rules 4 & 5 sets out the purport of the Rules which can be summarised as follows;
- a. Ensuring better case track management system for civil matters.
- b. Easy and speedy determination of civil matters particularly by reducing time spent in interlocutory applications, reducing the need for interlocutory applications and discouraging frivolous adjournments.
- c. Prudent management of the Court’s resources.
- d. Facilitating the use of Alternative Dispute Resolution methods in labour related disputes.
Application The Rules also applies to part heard matters filed prior to the inception of this Rules. Order 1, Rule 8.
Application of the Evidence Act The NIC is allowed to depart from the Rules of Evidence where it considers it necessary by virtue of Sec. 12(2) (b) of the National Industrial Court Act, 2006. Order 1, Rule 9 Sub 2
Institution of Action in other Judicial Division The Rules allows a Claimant to file his action in any judicial division other than that closest to where the Defendant or Respondent resides or carries on business where economic, security, environmental or other exigencies warrant. Order 2, Rule 1 sub 1. The implication of this is that a person who lost his employment at a Lagos based company and has relocated to his village in Ibusa in Delta Sate due to financial issues or ill health and has grievances against his former employer can file his action at the Asaba Division of the National Industrial Court.The hearing of the suit in this instance will be at a judicial division to be determined by the President of the Court. Order 2, Rule 1 sub 2. The President of the Court is also empowered to direct the hearing of a case in a Judicial Division other than where it was filed. This can also be on the application of party or suo moto. Order 2, Rule 4 & 6. The filing of a suit in a wrong judicial division is not fatal to the suit. It can be heard in that judicial division except the President of the Court directs otherwise. Order 2, Rule 5.
State Registries The Rule establishes Registries in every state even where there is no resident judge. These Registries are empowered to perform all the functions of the registries of the regular courts. Order 2, Rule 2. All state registries may also have Judges Chambers where on the direction of the President of the Court, interlocutory applications other than exparte motion can be heard. Order 2, Rule 3.
ADR Centre The Rule sets up an ADR Centre which only entertains matters involving individual claims. Matters instituted by originating summons do not qualify for referral to ADR. Also, all matters bordering on collective disputes arising from the Trade Dispute Act and matters challenging the appointment of a person to an office, union or association or as public trustee do not qualify for referral to ADR. Order 2, Rule 17.
Commencement of Action The Rules specifically lists out the means of commencement of actions to wit; Complaint, Originating Summons, Originating Motions, Applications for Judicial Review, Notice of Appeal or Petition, Referral from the Minister of Labour and Productivity and any other means prescribed by the Rules, the Act or any other law. The Rules also explains when these various means of commencement of actions will be applicable. Under the Rules, a Complaint is synonymous with a writ of summons as obtainable in our regular Courts. Particularly with regards to Complaints the form is now radically different. The Complaint and the statement of fact are now one document with one Court heading which is divided into 2 parts; Part 1- The title of the matter, suit number, address for service, and notice to the other party. Part2- This section now contains what ordinarily should be the statement of facts which is synonymous with the statement of claim. It should detail the address and description of parties, clear and concise statement of facts, clear and concise statement of legal issues and reliefs sought. Under this head, all dates, sums and numbers should be expressed in figures. The Complaint should be accompanied with a schedule listing the documents and the number of documents and exhibits that are material and relevant to be used in the proceedings. Upon receipt of the Schedule, the Defendant shall within fourteen days file an acknowledgement indicating the documents which their admissibility shall not be contested and otherwise. Documents which admissibility shall not be contested shall be deemed admitted and their admissibility shall not be contested at trial except the Court directs otherwise. Where the admissibility of a document is contested at trial, the Court may upon the objection being raised, take arguments and rule immediately or determine the admissibility or otherwise at Judgment. Order 3, Rule 9, 10 and 11. The Rules also makes provision for facts that should be specifically pleaded when a Claimant is seeking monetary reliefs or challenging termination. Order 3, Rule 12 and 13. Failure to comply with the requirement of the form of Complaint and filing of pre-action notice is a ground for striking out the suit.
Departure from the Rules Parties are allowed to apply to the Court to depart from the rules based on the exigency of the matter. The Rules specifically provides that the Court should not allow technicalities to defeat the course of justice. Order 5, Rule 6, Sub. 3.
E-Filling of Court Process This appears to be the major innovation of the Rules. The Rules allows for Electronic filling of court process. One is required to first register as an Efiler with the Electronic Filling Manager (EFM) of the Court and obtain an Authentication Registration Number (ARN) which will be used in all filing with the Court. All processes required to be E-filled must be typed and saved in a PDF Format. Exhibits and appendages are to be saved directly where they are in soft copy or scanned where they are printed or in hard copy and saved into a named computer file with the ARN of the E-filer and the suit number and other relevant details of the suit. Counsel’s electronic signature suffices in compliance with the requirement of the Rules as regards signature. Where a process or document has been sent and acknowledged by the EFM, the E-filing is deemed good and proper and to have been delivered to the Registrar. An E-filed process is deemed to be timely filed once it is filed before midnight on the date the document is expected to be filed in compliance with the relevant provision of the Rules. The document is then automatically stamped received. Where there is a technical or system error that delays the E-filling of a process, such shall not be held against the E-filer. Upon E-filling, the process is transmitted by the EFM to the President of the Court or Administrative /presiding Judge as the case may be. Order 6A, Rule 1-17.
Service of Court Process. Order 7, Rule 1. The Rules relaxes the strict requirement of personal service for court processes. It basically expands the regular modes of service. The Rules allows for service via email addresses. The Rules allows the pasting of processes or affixing of processes on the address of a party without seeking the leave of court.Where a process is meant for any agency, institution, ministry or parastatal of the Federal or State government or Federal Capital Territory, the Rules allows the service of such process on the Attorney General, Permanent Secretary or Director of any other agency, institution, ministry or parastatal of the Federal or State government or Federal Capital Territory. Hearing notice or adjourned dates of a matter can be served by telephone calls. The Rule also allows for the appointment of an External Process Server.
Entitlement of Deceased Employee who died Testate or Intestate The Rules makes provision for the filing of a suit to claim benefits of a deceased employee whether testate or intestate. The filling fee for claims for benefits of a deceased employee is valued at 25% of the actual filling fee. Order 10, Rule 1.Where the deceased died testate, the Claimant is required to attach a copy of the will and the probate grant to the claim. Order 10, Rule 2. Where a deceased died intestate and names a next-of-kin, the Claimant is required to attach a certified true Copy of the deceased employee’s biodata form where the Claimant was named next-of-kin and a letter of administration or an order from the customary or sharia court as the case maybe. Order 11, Rule 1. The Rules makes other provisions for Claimants who are unable to meet the foregoing requirement.
Pre-Trial Conference After close of pleadings, the Parties on their own volition or on the order of the Court may hold a Pre-Trial Conference. Order 12, Rule 2. The Pre-Trial Conference under this Rule is conducted by parties without the Court and a report sent to the Court within 7days after conclusion of same. Order 12, Rule 4.

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