Direct Application of International Law in Labour and Employment Matters: Is Nigeria Moving Towards a Harmonisation Theory?

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ABSTRACT

Direct Application of International Law in Labour and Employment Matters: Is Nigeria Moving Towards a Harmonisation Theory?

Jacob Abiodun Osuntogun*

This paper seeks to interrogate the question of direct application of international law 6 on labour and employment matters as a mechanism for reception of international law in Nigeria. It notes that initially, the mechanism for reception of international law was mainly anchored on the dualist theory of law. For this purpose, section 12 of the 1999 Constitution is examined to see the extent of its compliance with the theory. However, in 2010, a uniform approach to reception of international law was jettisoned in Nigeria when the third Alteration Act was enacted which introduced a monist theory in certain aspects of law without abrogating the dualist system of reception. The paper notes that the reason for the Nigerian approach may not be understood at the surface level, until the searchlight of research is beamed on the National Industrial Court (NIC). Consequently, this paper examines the exclusive jurisdiction of NIC in Nigeria within the context of monist and dualist theories of law.

Keywords: International law, Labour, Employment, Dualist Theory, Monist Theory, National Industrial Court.

* LLB (University of Lagos Nigeria), BL, LLM (Obafemi Awolowo University Nigeria), MA (University of Ibadan Nigeria), LL.M (University of Pretoria) PhD, University of Witwatersrand. Senior Lecturer, Department of Commercial and Industrial Law, University of Ibadan, Nigeria.

THE GRAVITAS REVIEW OF BUSINESS & PROPERTY LAW VOL.10 NO.2