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Justice Kanyip Urges NSITF to Enforce ILO Standards on Occupational Safety, Compensation Compliance

Justice Kanyip Urges NSITF to Enforce ILO Standards on Occupational Safety, Compensation Compliance

The President of the National Industrial Court, Hon. Justice Benedict Kanyip, PhD, OFR, has urged the Nigeria Social Insurance Trust Fund (NSITF) to intensify support for initiatives aimed at preventing workplace accidents and promoting occupational safety and health standards. His Lordship noted that the NSITF would be fulfilling its statutory mandate and advancing safer workplaces by giving practical effect to Article 14 of Convention 155 of the International Labour Organization (ILO).

Justice Kanyip observed that workplace injuries have become commonplace and stressed that Nigeria, as a member of the ILO, is bound by the dual obligation to prevent such injuries and to provide compensation where they occur. He further cited the Committee of Experts on the Application of Conventions and Recommendations (CEACR), which in its direct request to Nigeria emphasized that workers have a duty to promptly report hazardous situations to their supervisors and to withdraw temporarily from life‑threatening risks pending rectification.

Delivering the keynote address at the Legal Stakeholders’ Interactive Session on the Employees’ Compensation Scheme (ECS) Workshop organised by the NSITF at Barcelona Hotel, Abuja, Justice Kanyip highlighted the challenges posed by the duality of remedies under tort law and the Employees’ Compensation Act (ECA) 2010. He cautioned that victims must elect either compensation under the ECA or under tort law, but not both, and that a wrong choice could leave victims without remedy. He reaffirmed the Court’s pivotal role in shaping labour jurisprudence and ensuring that the objectives of the ECA are realized through fair and consistent judicial interpretation.

In his welcome address, the Managing Director of NSITF, Barr. Oluwaseun Faleye, reiterated the Fund’s commitment to strengthening the Employees’ Compensation Scheme through collaboration with employers, regulators, and legal stakeholders.

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Hon. Justice (Prof.) Elizabeth Oji, in her presentation, provided insights into judicial interpretation and case law concerning the statutory role of the NSITF in administering the ECS. She underscored how the National Industrial Court, as the bastion of labour justice, has advanced social justice through its judgments. Justice Oji emphasized the constitutional foundation of the Court’s jurisdiction, citing Section 254C(1) of the 1999 Constitution (as amended), which confers exclusive jurisdiction on the National Industrial Court in civil causes and matters relating to labour and employment, notwithstanding Sections 251, 257, and 272.

The interactive session brought together Judges of the Industrial Court, industry stakeholders, captains of industry, and judicial staff, underscoring the collaborative effort required to strengthen workplace safety and compensation mechanisms in Nigeria.

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