Section 28: Power to continue with proceedings notwithstanding incapacity of member of Court or assessor.(REPEALED BY SECTION 53 OF THE NATIONAL INDUSTRIAL COURT ACT 2006)

(1) If, after the Court has begun to consider any matter referred to it, the President of the Court becomes incapable of continuing to take part in the proceedings on account of sickness or for any other reason, the President, acting after consultation with the Chief Justice of Nigeria, shall as soon as possible appoint a person qualified to hold the relevant office to act therein for the purposes of those proceedings, and any person so appointed shall be deemed to have been so appointed under and in accordance with section 25(3) of this Act.
(2) If, after the Court has begun to consider any matter referred to it, an ordinary member becomes incapable as aforesaid, then-
(a) if the Court as constituted for the purpose of the proceedings includes all four ordinary members, the President of the Court shall re-constitute the Court by removing therefrom the ordinary member in question and one other ordinary member;
(b) if the Court as constituted for the purposes of the proceedings includes two ordinary members, the President of the Court shall re-constitute the Court by substituting for him another ordinary member.
(3) If, after the Court has begun to consider any matter referred to it, any assessor appointed to assist the Court in relation to that matter becomes incapable as aforesaid, the President of the Court shall appoint from the same panel, to act as assessor in his place for the purposes of the proceedings, another person nominated by or on behalf of the employers or workers who nominated the assessor in whose place he is to act.
(4) Where any appointment or substitution has been made under this section in the course of any proceedings before the Court, the proceedings may, with the consent of all parties thereto, be continued before the Court as reconstituted by virtue of that appointment or substitution and be determined accordingly, but in default of that consent shall be re-heard and determined by the Court as so reconstituted:
Provided that where the Court is reconstituted in pursuance of subsection (2)(a) of this section by the removal of two
ordinary members, the proceedings shall, if the President of the Court so directs, be continued before the Court as so
reconstituted irrespective of whether the parties thereto or any of them has consented to the continuance.