LAWS OF THE FEDERATION OF NIGERIA PDF
Nigerian Laws - Laws of the Federation of Nigeria including fedral laws, court judgments, treaties and industrial/business standards - LAWS OF THE. Nigerian Laws - Laws of the Federation of Nigeria including treaties, existing laws made during the military and colonial eras - LAWS OF THE FEDERATION OF. The laws of the Federation of Nigeria were revised and consolidated pursuant to The Revised Edition (Laws of the Federation of Nigeria) Decree The laws.
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All Laws of the Federation of Nigeria App LFN v.1 contains over federal laws of Nigeria and useful for lawyers and law student. (2) The Federal Republic of Nigeria shall not be governed, nor shall any persons (3) If any other law is inconsistent with the provisions of this Constitution, this. (ii) a body corporate established by or under the laws of a country that is a party to an obligation in a treaty or other international agreement to which Nigeria is a.
These minimum terms include the requirement to provide transportation or transportation allowance, provide paid sick leave of up to 12 days, annual leave of not less than six days and maternity leave to female Workers. Does bargaining usually take place at company or industry level? It is, however, not uncommon for the CBA to indicate that certain matters usually matters not covered in the CBA may be negotiated at the company level.
Employee Representation and Industrial Relations 2. The TUA makes recognition of registered trade unions obligatory on an employer. In relation to collective bargaining, the TUA provides that all registered unions in the employment of an employer shall constitute an electoral college so as to elect members who will represent their unions in negotiations with the employer.
If so, what are the main rights and responsibilities of such bodies? We do not have the concept of a works council under Nigerian law. This is not applicable. Please refer to our response to question 2. There is currently no general statutory right that entitles employees to be represented at board level. Discrimination 3.
If so, on what grounds is discrimination prohibited? The Constitution prohibits discrimination against Nigerian citizens on the basis of their community, ethnic group, place of origin, sex, religion, political opinion or the circumstances of their birth.
Can employers settle claims before or after they are initiated? Employers are able to settle claims at any time before or after they are initiated, until the final judgment of the court is delivered. Where a claim of discrimination is successfully proven, the remedy available to employees in most cases is compensation for wrongful or unfair termination.
The court may also award damages to the employee. No, atypical Workers do not have any additional protection. Maternity and Family Leave Rights 4. There is no corresponding provision in relation to Non-Workers and the benefits accruing to a Non-Worker is subject to the provisions of her contract of employment. The Labour Act provides that any employee nursing her child is to be allowed half an hour, twice a day, during working hours for the purpose of nursing her child.
The Labour Act does not make any provisions for paternity leave. Some state governments Enugu and Lagos States , however, offer paternity leave to male employees in the service of the state governments. The paternity leave in Enugu State is for three weeks while that of Lagos State is for two weeks and only applies in respect of the first two children of such male employee.
All Laws of the Federation of Nigeria App LFN v.1 download
No, there are no other parental leave rights that employers are required to observe. Business Sales 5. Employees do not automatically transfer in the context of an asset sale as the consent of each employee is required in order to transfer an employee from one employer to another.
A labour officer is a public officer serving in the Ministry of Labour who is authorised by the Minister of Labour to act as an authorised labour officer, for the purposes of the Labour Act. In relation to a share sale, other than the changes to the beneficial ownership of the shares of the employer, the employer remains the same.
There is, therefore, no requirement to transfer the employees or to obtain their consent to the share acquisition. How does a business sale affect collective agreements?
In an asset sale, where the employment contracts are novated to the buyer, all the rights of the employees under the existing contracts of employment transfer to the buyer.
The buyer may also elect to engage the services directly in which case, the contracts of employment between the seller and the employees are terminated, and the buyer, thereafter enters into new contracts with the employees.
In much the same manner as the novation of employment contracts, collective agreements may also be novated to the transferee entity on the same terms and conditions. Alternatively, the existing collective agreement may be terminated and a new collective agreement negotiated with the new employer. Financial relief after foreign divorce proceedings What powers are available to the court to make orders following a foreign divorce?
Once the monetary aspect of the judgment in the foreign country is registered in Nigeria or a judgment is obtained in Nigeria on the basis of the foreign judgment see Question 18 , the Nigerian court has control over the execution of the registered judgment, as if the judgment had been obtained in Nigeria.
Therefore, the Nigeria court will have power to compel the payment of maintenance or other sum stated in the judgment. Under the Matrimonial Causes Rules, a party who seeks the dissolution of marriage or other relief must state the number and age of the children and the arrangement for their maintenance, education and most importantly, custody.
The issue of custody must therefore feature from day one. The court can raise the issue on its own where the parties refuse to and cannot grant a decree absolute until arrangements for children are determined. The court may order joint custody or award custody to one of the parties with visitation rights for the other party. The primary consideration in awarding custody under the Matrimonial Causes Act and Child's Rights Act is the welfare and interest of the child.
The factors considered by the courts are not exhaustive. The following factors among others are key in determining who should have custody: Emotional attachment to a particular parent. Degree of familiarity and wishes of the child.
Adequacy of facilities educational, social, emotional, and so on. Respective incomes of the parties. If one of the parties lives with a third party. The age of the child. The sex of the child. Custody of a female child is usually given to the mother and male children to their father. However, this is subject to the overriding interest of the child. Opportunities for a proper upbringing. Conduct of the parties. Custody is not awarded as a punitive measure on a party guilty of matrimonial offences, nor as reward for the other party.
In Odusote v Odusote see Question 5 , the court held that where a mother does not suffer from moral misconduct, infectious diseases, insanity, lack of reasonable means, or is not cruel to the children, custody of children of tender age and female children should be given to the mother.
Jurisdiction and conflict of law
In states where the law has not been adopted, customary or Islamic laws will apply. The considerations for grant of custody for unmarried couples are largely the same because the interest of the child is the most important factor. The court has discretion under the Matrimonial Causes Act and Child's Rights Act to include in a custody order visitation or access rights of the other party or parties to the marriage, where custody is given to the other party or a third party in the interest of the child.
The paramount consideration is the interest and welfare of the child. The court can order supervised access rights, depending on the facts and circumstances. There is no separate representation for children in matrimonial cause proceedings relating to maintenance or custody. International abduction What is the legal position on international abduction? However, abduction is a criminal offence.
Section 27 of the Child's Rights Act criminalises abduction and removal of a child from lawful custody with: 15 years' imprisonment, if there is an intention to return the child. Child abduction is also a criminal offence under section of the Criminal Code. The section provides that a person who kidnaps a child is guilty of a felony and liable to be a sentence of 14 years' imprisonment.
International abduction is dealt with mainly by pressing criminal charges. The other option is the use of diplomatic channels between Nigeria and the other country involved. This is because the overriding consideration for the welfare and custody of a child is the best interest of the child.
Under what circumstances can a parent apply to remove their child from the jurisdiction against the wishes of the other parent? If a parent wishes to take a child out of the jurisdiction, the permission of the other parent is required because custody is based on certain established facts. Relocation will always change the dynamics of the facts, including: Accommodation and education for the child. Earning capacity of the custodial parent. Visitation rights for the other parent.
The other parent can therefore challenge removal without permission. There is no express provision on applications to remove a child from the jurisdiction.
However, a custodial parent can apply to remove a child from the jurisdiction if it is in the interest of the child under the Child's Rights Act. The court will take into consideration similar factors for the grant of custody and the visitation rights of the other party if any. Surrogacy and adoption Surrogacy agreements What is the legal position on surrogacy agreements? There is no law on surrogacy in Nigeria. Agreements on surrogacy are not enforceable in Nigeria on grounds of public policy.
In the absence of legislation on surrogacy, a child cannot be obtained based on surrogate agreements, unless by proper adoption measures. Adoption What is the legal position in relation to adoption? Is adoption available to individuals and cohabiting couples both heterosexual and same-sex? Under section of the Child's Rights Act, the following persons can apply to court, in a prescribed form, to adopt children in Nigeria: A married couple, where both of them have attained the age of 25 years and there is an order authorising them to adopt a child.
A married person, if he has obtained the consent of his spouse, as required under section of the Act.
A single person, if he has attained the age of 35 years, provided that the child to be adopted is of the same sex as the person adopting. In all the above cases, the adopter or adopters must be persons found to be suitable to adopt the child by the appropriate investigating officers.
In some states such as Lagos, Delta and Edo states, the applicant and the child must be resident in the state where the adoption is sought. If there is a parent or guardian available for the child, their consent is required. Same sex relationships are considered criminal acts and as such, same sex couples are not able to adopt. Cohabitation What legislation if any governs division of property for unmarried couples on the breakdown of the relationship?
There is no legislation, which governs the division of property for unmarried couples in Nigeria. Family dispute resolution Mediation, collaborative law and arbitration What non-court-based processes exist to resolve disputes? What is the current status of agreements reached through mediation, collaborative law and arbitration? The resolution of family disputes through mediation and conciliation before resorting to court is a natural part of family life in Nigeria. Religious heads, heads of families, and respected elders in the community are often invited to help resolve marital disputes before any recourse to the courts.
Arbitration is not common in resolution of family disputes. The terms of settlement reached after negotiation on issues like custody and division and settlement of property will form part of an enforceable contract.
However, since it is a post nuptial agreement, its enforcement is at the court's discretion. In states like Lagos, the courts are empowered to refer cases to the Multi Door Courthouse, which is an alternative dispute resolution court.
Parties can also approach the court directly. The court can use any alternative dispute resolution mechanism to resolve the dispute. What is the statutory basis if any , for mediation, collaborative law and arbitration?
The statutory basis for alternative dispute resolution processes in matrimonial causes is the Matrimonial Causes Act. It mandates a petitioner to file a certificate of reconciliation along with his petition.
During the proceedings, parties must attend a compulsory conference at which the court attempts to reconcile the parties. The court has wide scope to encourage the parties to settle issues like custody and division of property. In Nwosu v Nwosu see Question 10 , the court held that a marriage should not be dissolved if it is capable of being settled.
States like Lagos have designated Family Courts with express powers to explore alternative dispute resolution mechanisms. In Nigeria, all forms of same sex associations and marriage are criminal offences, with a term of imprisonment of up to 14 years. Other legislation like the Penal and Criminal Codes also criminalise same sex practices. The definition of marriage under the Matrimonial Causes Act cannot accommodate same sex marriages.
Media access and transparency What is the position regarding media access to and press reporting of family law cases? All court proceedings including matrimonial causes and proceedings of Family Courts must be public. This is a constitutional prerequisite for a fair hearing.
The media and other members of the public have access to family court proceedings and are permitted to report on family law cases. However, the court can exclude the media and other members of the public from the proceedings in exceptional circumstances such as on the grounds of security, unruly behaviour, interest of the child, and so on. Controversial areas and reform What areas of the law if any are currently undergoing major change? Which areas of law are considered to be particularly controversial?
The law has drawn criticism from within and outside Nigeria. The basis for this criticism is that it is a breach of the fundamental human rights of a minority, as enshrined in international conventions to which Nigeria is a party.
Reference is also made to the Nigerian constitution which precludes discrimination on the basis of sex. However, the law has public acceptance because it is in line with moral and religious beliefs of the Nigerian people. Yes, employees must be given notice of termination of their employment or salary in lieu of such notice.
In relation to Workers, the minimum notice periods to be given to the employees pursuant to section 11 of the Labour Act are:.
Parties, may, however, agree to longer notice periods in their contracts of employment. Sections 11 6 and 9 of the Labour Act also permit either party to an employment contract, to terminate the contract by paying the other party salary in lieu of notice.
With respect to Non-Workers, the applicable notice period is determined by the terms of their respective contracts of employment.
An employer and an employee may, however, agree to such an arrangement under the terms of a contract of employment. In what circumstances is an employee treated as being dismissed? Is consent from a third party required before an employer can dismiss?
Employees may challenge their dismissal by instituting an action at the NICN. Grounds that constitute cause for dismissal include criminal acts, gross misconduct, sexual harassment, etc. Termination of employment in the Nigerian oil and gas sector is regulated.
In addition to obtaining the consent of the DPR, employers in the Nigerian oil and gas sector are also required to notify the Nigerian Content Development and Monitoring Board of any proposed terminations.
Yes, under section 54 4 of the Labour Act, employers are prohibited from terminating the contract of any female Worker who is absent due to maternity leave, or who remains absent from her work for a longer period as a result of illness which arose out of her pregnancy or confinement and which renders her unfit for work.
Are employees entitled to compensation on dismissal and if so how is compensation calculated?
Nigeria: Employment & Labour Law 2019
The general position is that Nigerian employers are entitled to terminate a contract of employment at any time and without stating the reason or cause for doing so, provided that the appropriate notice of termination is given to the employee or the employee is paid a salary in lieu of such notice. Where the termination is for business-related reasons, such termination may be treated as being a redundancy.
There is no corresponding statutory obligation for Non-Workers in relation to the computation of redundancy payments and whether they would be entitled to receive any redundancy payments is subject to the terms of their respective contracts of employment. If the dismissal is not for cause, it would be termed a termination and an employer is required to comply with the terms of the contract including the notice requirements under the contract.
If a disciplinary tribunal is constituted, the tribunal must be independent and impartial and must comply with the rules of natural justice and principles of fair hearing. Where the allegations are of a criminal nature, the same burden of proof applies as in criminal cases i. What are the remedies for a successful claim?
If the employee is successful, the NICN has been known to award significant damages to such an employee and in some cases has ordered the employer to reinstate the appointment of the affected employee. Employers can settle claims before or after they are initiated but before judgment is entered in respect of the claim. If the employees to be dismissed are Workers under the Labour Act, and the dismissals are not connected to the conduct of the employees, such dismissals would be regarded as a redundancy, and the employer must:.
In relation to Workers, if the employer does not comply with its statutory obligation, this could be a ground on which the Workers may challenge the validity of the mass dismissals. If the Workers institute an action, this would delay the disengagement process until the completion of the action. There is a real likelihood, if the Workers are members of a trade union, of the officials of the trade union instituting an action on behalf of the Workers.
With respect to Non-Workers, if any of the Non-Workers are members of a trade union, the officials of such trade union are also likely to institute an action challenging the process. Under Nigerian law, restrictive covenants are prima facie void, but the courts may enforce such covenants if they are reasonable with reference to the interest of the parties concerned and the general public, and if there is a proprietary interest that is sought to be protected.
In deciding the question of reasonableness, the courts will take into account the nature of the business, trade or occupation, the area over which the restraint is to be imposed and the length of time for which it is to continue.
Restraint-of-trade covenants of 12 months or less are usually enforceable in practice. Employees do not have to be provided with financial compensation in return for covenants. A party that wishes to enforce the terms of a restrictive covenant would institute an action in court for this purpose. Can an employer transfer employee data freely to other countries? Section 37 of the Constitution guarantees and protects the privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications.
The Guidelines provide that personal data cannot be transferred outside Nigeria except with the consent of the employee and that adequate provisions for the protection of the personal data exist in the country to which the data is sought to be transferred, and such transfer is carried out under the supervision of the Attorney General of the Federation.
In practice, this requires an employer to obtain the consent of the prospective employee before carrying out such background checks. Employers may monitor work emails in order to ensure compliance with the policies of the workplace and any applicable laws and regulations. It is, however, advisable that employees are expressly informed that the monitoring is taking place. The NICN has exclusive original jurisdiction over employment-related complaints and cases. Is conciliation mandatory before a complaint can proceed?
Does an employee have to pay a fee to submit a claim?The Labour Act prescribes the minimum terms and conditions of employment that employers must comply with in relation to Workers. This is because a child under the law is a person under the age of The parties are within the prohibited degrees of consanguinity and affinity. The respondent has behaved in such a way that the petitioner cannot be expected to live with him or her. Grant of an interim Order to make periodical payments to the child pending the substantive application.
Any Financial Institution or Designated-Financial Institution that fails to comply with the above provision by making the appropriate compliance report to the regulatory authorities commits an offence and is liable on conviction to a fine of not less than N, How long does the process typically take and what are the sanctions for failing to inform and consult?