Section 254 A (i) of the CFRN (third alteration) Act established the NIC of Nigeria.

Composition of National Industrial Court – The president and such other number of judges as may be prescribed by an Act of the National Assembly

Constitution of National Industrial Court – one judge or a panel of three judges as may be directed by the president of the court.

Appointment to National Industrial Court – appointed by the President on recommendation of NJC and senate confirmation. Other judges are appointed by President and on recommendation of NJC – section 254 B (1) & (2).

Qualification for National Industrial Court – qualified to practice as a legal practitioner and has been so qualified for a period not less than 10 years and has considerable knowledge and experience in the law and practice of industrial relations and employment conditions in Nigeria.

Jurisdiction of National Industrial Court – section 254 C. The jurisdiction of the NIC has to do with employment conditions and industrial relations, labour. It covers Factories Act, Trade Dispute Act, Trade Union Act, Labour Act, Employees’ Compensation Act, International Conventions relating to labour, employment, workplace, industrial relations or matters connected therewith, chapter IV as it relates to employment, labour, industrial relation, trade unionism, employer’s association. The jurisdiction of the NIC is extant notwithstanding the jurisdiction of the Federal High Court, High Court of States and High Court of FCT.

In case of dispute involving federal government and its employees, the cases of NEPA v. EDEGBERO, KRPC LTD v. ONUORAH should be used in determining which court between the Federal High Court and NIC has jurisdiction. The question of jurisdiction is very important as a court without jurisdiction hearing a matter would amount to effort in nullity.

Where a court lacks jurisdiction and party bring a matter before it, it can lead to abuse of court process, also non-professionalism and show of incompetence in the legal practitioner. It can lead to delay of justice. It can make the subject matter of action statute barred.

Parties cannot by themselves confer jurisdiction on a court. If a counsel brings an action to the wrong court and the court denied jurisdiction and the case becomes statute barred, the legal practitioner has breached the rules of RPC on competency – Rule 16 RPC.

The legal practitioner can be sued for negligence which amounts to professional misconduct. RULE 14(5) RPC.