Constitutionalisation of Labour Law: A Nigerian Perspective

Abstract

Over the decades in Nigeria, the traditional principles and thinking in labour law has been shaped by years of dominance of the common law. These principles have a strong hold on labour law in Nigeria and are immutable compared to the changing world of works. The effect of this is industrial unrest and an unharmonious relationship characterized by rampant strikes, unemployment, and other forms of industrial conflict. Labour standard in Nigeria has been very low and the labour rights almost non-existent some see this as a means of the state gaining a comparative institutional advantage in order to attract international business and remain competitive. To the workers, this translates to a few minority of working people who hold jobs with decent working condition in the country. In a bid to change this and balance, the employment relationship brought about legal intervention in the employment relationship. One of the most significant is the juridification of the constitution, which develops and strengthens justiciable social/workers’ right and obligation. This provides a significant yardstick by which the reasonableness and constitutionality of the Nigerian labour law may be measured. The methodology adopted is qualitative, a right based approach by using the provision of the constitution and interpreting primary material such as statute and case laws. The article revolves around labour constitution in Nigeria. It analyses the principles and constitutional provisions on labour rights and obligation before and after the Third Alteration of the Nigerian Constitution. It examines the Nigeria’s labour law philosophy, rationale and the changing world of works. It further highlights the gradual changes brought about by the Third Alteration; strengthening of the role of the National Industrial Court and addresses, the need for more legislative activism to be able to accommodate issues brought about by the changing world of work.