Aloysius V. Diamond Bank Plc: Opening a New Vista on Security of Employment in Nigeria through the Application of International Labour Organisation Conventions

Abstract

At common law, the employer is entitled to terminate the employment of an employee, for any reason or no reason at all. At present, the level of unemployment in Nigeria is gargantuan, coupled with a high rate of employment insecurity. In 2010 the status and stature of the National Industrial Court of Nigeria (NICN) were enhanced by the 1999 Constitution of the Federal Republic of Nigeria (Third Alteration) Act, 2010, which vests the NICN with exclusive original civil jurisdiction over labour and employment matters, powers it to apply international best practices (IBP) and international labour standards (ILS) as contained in section 254C(1)(f) and (h) thereof. In 2015 the NICN, according to this section, held that an employer, in master–servant employment, following IBPs and ILSs, cannot terminate the employment of an employee save for good and justifiable reasons. This judgment has attracted various criticisms owing to its iconoclastic nature. This article, through the doctrinal method, examines the validity of this judgment vis-à-vis section 12 of the 1999 CFRN and subsisting appellate courts judgments. It argues that the judgment is not only valid but a welcome development and has opened a new vista on security of employment in Nigeria and has brought the law into conformity with international best practices and standards. Going forward, the article argues for the affirming of the decision by the Court of Appeal as the apex court on appeals from the NICN and for wide publicity by trade unions and workers groups for its exploitation by their members.