Section 54: Interpretation.
(1) In this Act, unless the context otherwise requires-
"Action" means a civil proceeding commenced by writ or in such other manner as may be prescribed by Rules of Court but does not include a criminal proceeding;
"Cause" includes any action, suit or other original proceeding between a claimant and a defendant and any contempt proceeding;
"Claimant" includes every person asking any relief (otherwise than by way of counter-claim as a defendant) against any other person by any form of proceeding, whether the proceeding is by action, suit, petition, motion, summons or otherwise;
"Collective Agreement" means any agreement in writing regarding working conditions and terms of employment concluded between-
(a) an organisation of employers or an organisation representing employers (or an association of such organisations), of the one part, and
(b) an organisation of employees or an organisation representing employees (or an association of such organisations) of the other part;
"Constitution" means the Constitution of the Federal Republic of Nigeria, 1999;
"Court" means the National Industrial Court and includes the Judges of the National Industrial Court sitting together or separately;
"Court of Appeal" means the Court of Appeal as established by the Constitution of the Federal Republic of Nigeria 1999;
"Employee" means a person employed by another under oral or written contract of employment whether on a continuous, part-time, temporary or casual basis and includes a domestic servant who is not a member of the family of the employer;
"Employer" means any individual or body corporate or unincorporated who has entered into a contract of employment to employ any other person as an employee or apprentice;
"Enactment" means any Act of the National Assembly (including this Act) or law having effect with respect to the Federation or applicable or having effect as Federal Law;
"Inter-union dispute" means dispute between trade unions or employers' associations;
"Intra-union dispute" means dispute within a trade union or an employer's association;
"Judge" except where the reference is to the judge of the Federal High Court or of a High Court of a State or the Capital Territory, Abuja, means the President or other Judge of the National Industrial Court;
"Judgment" includes a decision, decree or order of a court of record;
"Matter" includes every proceeding in court or order in a cause;
"National Industrial Court" means the National Industrial Court reconstituted under section 1 of this Act;
"Organization" includes a trade union or an employers' association;
"Party" includes every person served with notice of, or attending, any proceeding, who, although not named on the record of the proceeding, has the like interest in the subject matter of the proceeding as a person named on the record of the proceedings;
"President" means the President of the Federal Republic of Nigeria;
"President of the Court" means the President of the National Industrial Court appointed under section 2 of this Act;
"Registrar" includes the Chief Registrar and all other registrars of the Court;
"Suit" includes action;
"Trade Dispute" means any dispute between employers and employees, including disputes between their respective organizations and federations which is connected with-
(a) the employment or non-employment of any person,
(b) terms of employment and physical conditions of work of any person,
(c) the conclusion or variation of a collective agreement, and
(d) an alleged dispute;
(2) For enabling full effect to be given to the provisions of this Act-
(a) any reference (whether express or by necessary implication) in any enactment (other than the Constitution of the Federal Republic of Nigeria 1999) to "the Federal High Court" "High Court of the Federal Capital Territory, Abuja" "High Court", "court of law" or a "court of record"-
(i) in so far as the reference relates to or is connected with the jurisdiction, powers practice and procedure of a High Court, and
(ii) except in so far as it is inconsistent with the provisions of this Act, shall include a reference to the Court established by this Act; and
(b) all references (whether express or by necessary implication) in any enactment (other than the Constitution of the Federal Republic of Nigeria) to the High Court of a State in so far as the enactment-
(i) is of general application throughout the Federation, and
(ii) relates to a matter as respects which jurisdiction is conferred upon the Court by or under this Act, shall be construed as references to the Court, notwithstanding that in an appropriate case, the enactment is, or has become, by operation of law, a law of a State.
(3) The Powers conferred upon the Attorney-General of the Federation and exercisable by him or the Attorney-General of a State under the Constitution or anything made thereunder shall, to the extent that jurisdiction is conferred upon the Court, the Federal High Court, or the High Court of a State, or of the Federal Capital Territory, Abuja by or pursuant to this Act, be exercisable subject as in this Act otherwise provided, and that section and any other enactment in law pertaining thereto shall be so construed.
(4) For the avoidance of doubt, the following enactments-
(a) the Regional Courts (Federal Jurisdiction) Act;
(b) section 31 of the Interpretation Act;
[Cap. 192.]
(c) Trade Disputes Act and
[cap. 432.]
(d) Such other Federal enactment as the President may by order specify, shall be construed with such modifications as may be necessary to bring them into conformity with the provisions of this Act.
Cite this section
Section 54, NATIONAL INDUSTRIAL COURT ACT (2006).
https://repo.podus.ai/laws/national-industrial-court-act/section/54/