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University of Nigeria UNIVERSITY OF NIGERIA SCHOOL OF POST GRADUATE STUDIES FACULTY OF LAW PH.D, THESIS TOPIC: ANALYSIS OF THE NATIONAL INDUSTRIAL COURT ACT 2006 UNDER THE NIGERIAN CONSTITUTION STUDENT: KENNETH IKECHUKWU,AMADI. REG. NO: PG/Ph.D/06/45623 SUPERVISOR: PROF. G.O.S. AMADI. i Title Page ANALYSIS OF THE NATIONAL INDUSTRIAL COURT ACT 2006 UNDER THE NIGERIAN CONSTITUTION BY: KENNETH IKECHUKWUAMADI. PG/Ph.D/06/45623 BEING A THESIS SUBMITTED TO THE UNIVERSITY OF NIGERIA SCHOOL OF POST GRADUATE STUDIES, FACULTY OF LAW FOR THE AWARD OF THE DEGREE OF DOCTOR OF PHILOSOPHY (Ph. D) IN LAW SUPERVISOR: PROF. G.O.S. AMADI. OCTOBER, 2014. ii DECLARATION I HEREBY DECLARE that apart from references to other peoples’ works, which have been duly acknowledged, this thesis is the result of my research and this thesis has neither in while nor in part been presented for another degree elsewhere. KENNETH IKECHUKWU,AMADI. (AUTHOR) iii CERTIFICATION I hereby certify that this research was carried out by Kenneth IkechukwuAmadi a postgraduate student in the Department of Public and Private Law with Registration Number PG/Ph. D/06/45623, for the award of Doctor of Philosophy (Ph. D) in Law. This work is original and has not being submitted in part or in full for the award of any other Diploma or Degree of this or any other University. ........................................................ Kenneth IkechukwuAmadi ................................................ Professor G.O.S Amadi (Supervisor) ............................................... Dr. C. A. Ogbuabo PG Coordinator iv DEDICATION This research work is dedicated to the memory of my late father, Mr. Samuel OnyensoAmadi. v ACKNOWLEDGEMENTS I hereby acknowledge all those who contributed in one way or the other to the successful completion of this research work, most especially, my supervisor, Professor G.O.S. Amadi for his painstaking efforts in going through this work. Dr. Chris Anyanwu, Dr. Jude Odinkonigbo and Dr OkeyUmahi all of the Faculty of Law, University of Nigeria, Enugu Campus for their constructive criticisms of this work. My amiable wife Mrs ChiomaIke-Amadi, and my children Sommie, Obinna, Ikechukwu, Akuoma and Eziuche for their understanding and encouragement. I am grateful to Hon. Justice B. A. Adejumo, President of the National Industrial Court of Nigeria, and Hon. Justice B. B. Kanyip of the same Court, for their intellectualism and resourcefulness in their numerous lectures and seminar papers which were of immense help and use in this research. I am equally grateful to my colleagues, Hon. Justice E. N. N. Agbokoba, Dele Peters, A. O. Anuwe, O.O. Oyewunmi, Peter O. Lifu for their encouragement, and to my research assistants Barr. AnslemEjiogu and Barr.UgbonmaNwaogwugwu, my secretary Comfort Nwokpo, registrar Mrs Chika Duru, and too many others whose names, I cannot mention here, I remain deeply grateful and appreciative. vi TABLE OF NIGERIAN CASES Abacha v Fawehinmi (2006) 6NWLR (Pt. 660) 288-289 ACT Ltd v Ufondu (1997) 10 NWLR (PT 523)169 C.A Abenga v Benue State Judicial Service Commission (2006) 14 NWLR (Pt. 1000) 601 Abomeli v NRC (1995) 1NWLR(Pt. 372) 452 Achineku v Ishagha (1988) 4NWLR (Pt.80) 411 Adisa&ors v The Military Administrator of Oyo State &ors 2008 LPELR 3562 African Continental Bank Plc. v Nwigwe (2011) 7NWLR (Pt.1246) 380 Agbasi v Ebikerefe [1997] 4 NWLR (Pt. 502) 630. Agbahomoro v Edieyegbe [1999] 3 NWLR (Pt. 594) 170 AG Federation v ANPP [2003] FWLR (Pt. 168) 839. Agu v Ikewuibe (1991) 4 SCNJ 56 Akinola v University of Ilorin (2004) 11NWLR (Pt 885) 616 ACSN v National Orientation Agency &ors (unreported) suit no: NIC/PM/2003 delivered on September 27, 2007 Agayi v Texaco Nig. Ltd. (1987) 3 NWLR (Pt.62) 577 AG Rivers State v AG Bayelsa State &ors (2013) 3NWLR (Pt. 1340) 123 AG, Osun State v NLC (Osun State Council) & 2ors.( unreported) suit No. NICN/LA/275/2012 delivered on December 19, 2012. Afribank (Nig) PLC v KunleOsisanya (2000) 1 NWLR (Pt. 642)598. Ajilemele v Oparah (1998) 9NWLR (Pt. 567)587 Anakwenze v Onyekwlu [1995] 5 NWLR (Pt. 294) 502 Amaefule v State (1988)2 NW LR (Pt 57) 156 Adigun &Ors v Attorney General of Oyo State (1987) 1 NSCC 545 Akinyanju v University of Ilorin (2005) 7 NWLR (Pt 923) 87 Amadi v NNPC (2000)5 W RN 47 vii ASCSN v INEC & 2ors. (2005) 3 NLLR (Pt 7)1 Alao v ACB Ltd (2006) 6 SC (Pt. 1) AUPCTRE v FCDA &ors (2008) 10 NLLR (Pt. 26) 304 Asusu&ors v Ajewole&ors (2009) 14 NLLR (Pt. 39)434 Amalgamated Union of Public Corporations Civil Service Technical and Recreational Services Employees v Agricultural and Allied Workers Union of Nigeria (unreported) suit no: NIC/17/1995 Amalgamated Union of Public Corporations ,Civil Service Technical and Recreational Employees v The Minister of Federal Ministry of Employment, Labour and Productivity (unreported) Suit no: NIC/2M/2006 delivered on 26 February 2007. Amaefule v State [1988] 2 NWLR (Pt. 57) 156 Attorney General Oyo State v Nigeria Labour Congress Oyo State Chapter &ors (2003) 8NWLR (Pt.821) 1. Attorney General of Oyo State v Nigeria Labour Congress &ors. (2004) 1 NLLR (PT3) 591 Attorney General of Enugu State v National Association of Government General Medical and Dental Practitioners and ors. (unreported) suit no: NIC /EN/16/210 Anthony AdekunleYekanmi&ors v NITEL &anor (unreported) suit No.NIC/7/2008 delivered on 15thJuly 2008 Akinola v Vice Chancellor University of Ilorin (2004) 11 NWLR (Pt 885) 616. AlhajiLateefAkinsola v NURTW &ors . (unreported) suit No. NIC/LA/333/2012 the ruling was delivered March 20th 2013 Attorney General of the Federation v National Association of Government Medical &Dr. J.N. Chukwani (unreported) Suit No. NIC/EN/16/2010 delivered on 20th June 2011. ASCON v Government of Rivers State &ors (2009) 14NLLR (Pt.38) 259 ASCSM v INEC & 2 ors. (2006) 5NLLR (Pt. 11) 75 Akpononu v Beakart (2000) 3NSCOR 186 A.T.A Poly v Maina (2005) 10NWLR (Pt. 934) 487 Auto Import Export vAderayo (2003) ALL FWLR (Pt 140) 1689 Ayawa v University of Jos (2000)6 NWLR (Pt 659) 142 viii Basil OsitadinmaMbanefo&ors.v Judicial Service Commission of Anambra State (unreported) Suit No. NIC/EN/7/2007 delivered June 30, 2011. Benson &ors.v NASU &ors., Suit No. NIC/56/2007(unreported) Blessing IfeanyiOkpoko v Zenith Bank PLC (unreported) Suit No. NICN/LA/167/13 British- American Insurance Co. Ltd. v Edemasillo [1993] 2 NWLR (Pt 277) 567. Caribbean Trading and Fidelity Corporation v NNPC [1991] 6 NWLR (Pt. 197) 352 Chemical and Non-Metallic Products Senior Association v BBC [2005] 2 NLLR (Pt. 6) 446 Chevron (Nig.) Ltd. v LD (Nig.) (2007) 16 NWLR (Pt. 1059) 168 Coco-Cola Nig. Ltd and 2 Ors v Mrs.TitilayoAkinsanya (2013) 36 NLLR(Pt.109) 338. Comrade (Evang.) OlowoPreye Grace v PENGASSAN & 3 Ors. (unreported) Suit No. NIC/EN/1/2011 delivered on July 5, 2011 Dike Geo Motors Ltd. &Anor v Allied Signal Inc&Anor [2006] ALL FWLR (Pt. 302) 901 Dikwa v Modu [1993] 3 NWLR (Pt. 280) 170 Dr.AdeyinkaAdeyosolaOlujoke& 5 ors.v M-CRED Hospital Ltd. (unreported) Suit No. NIC/LA/504/2012 delivered on February 12, 2014 Dr.Eguatu v Egwuatu [1992] 4 NWLR (Pt 237) 594 Dr.TaiwoOloruntoba-Oju& 3ors.v Prof. Abdul-Rahem& 3ors. (2009) 39 NSCQR 105 DysTroccaValesesia& Co Ltd. v Alakija (unreported) Suit No. NICN/LA/319/2013 delivered on May 19, 2014. Ekanem v Umanah (2007) ALL FWLR (Pt. 367) 928 Effigong v Ebong (2006) 18 NWLR (Pt. 1010) 109 Eimskip Limited v Exquisite Industries Nig. (2003) 13 NSQR (Vol. 13) 489 Ezennah v Atah (2004] ALL FWLR (Pt. 202) 1858 Faladu v Kwo [2003] 9 NWLR (Pt. 826) 643 at 657 Fawehinmi v Abacha [2000] 6 NWLR (Pt. 160) 228 FGN v Adams Oshiomhole (2005) 1 NWLR (Pt. 907) 414 FGN v Oshiomhole (2004) 1 NWLR (Pt. 678) 339 ix FolashadeOdunsi v Mainstreet Bank Nig. Plc (unreported) Suit No. NICN/LA/455/2012 delivered on March 3, 2014 George Uzoaru v Dangote Cement PLC NICN/LA/26/201 delivered on July 2013 Gezoji&Anor v Kulere (2011) LPELR 895 G.M.C (UK) Ltd. v Medicair WA Ltd.(1998) 2 NWLR (Pt. 536) Godwin Tsosanwumi v Golf Agency and Shipping Nig. Ltd. (unreported) Suit No. NIC/14/2006 delivered on 14th Nov. 2007. Head of the Federal Military Government and C-In-C v The Military Gov. Mid-Western State of Nig. &anor.Exparte Ambrose I. Obiyan (1973)12 SC 23 Hodo and ors.v Chevron Texaco Nigeria (2005) 2 NLLR (Pt. 5) 200 Hotel and Personal Service Senior Staff Association v Tourist Company of Nigerian PLC (unreported) Suit No. NIC/14/2002 delivered on 2 October 2004. Ifezue v Maduagha (1984) I SCNLR 427 Ilodibia v Nigerian Cement Company Ltd. (1997) NWLR (Pt. 512) 174 INEC v Association of Senior Civil Servants of Nig. &anor (unreported Suit No. CA/A/154/05 delivered on Nov. 19, 2007. Ilepeju v PZ Cussons Nig. PLC (unreported) Suit No. NIC/LA/406/12 delivered on April 29, 2014 Isaiah v Shell Petroleum Ltd. (2001) 5 SCNJ 220 Ita v Nyong [1994] NWLR (Pt. 318) 56 Joy Maskew&ors.vTidex Nig. Ltd. (unreported) Suit No. NIC/Im/98 ruling delivered on June 8, 2009 Joy Maskew&ors.vTridex Nig. Ltd. (unreported) Suit No. NIC/Im/98 delivered on Nov. 25, 2008 Judicial Service Commission of Cross River State &anor v Dr (Mrs.) Asari Young (2013) 11 NWLR (Pt. 1364) 1 at 85 Kalango&Ors.vDokubo&Ors (2003) 15 WRN 32.,(2004) 1 NLLR 180 Kano State v Fanz Construction Company Ltd. [1990] 6 SCNJ 77 Kurt Severinsen v Emerging Markets Telecommunication Service Ltd.
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