Article By: Elizabeth Idigbe, Omotayo Ogunbadewa

A recent decision of the Supreme Court of Nigeria has quietly shaken the foundations of Nigerian employment law. In Skye Bank Plc v. Adedokun Adegun (“Adegun”), the apex court appeared to embrace the jurisprudential approach of the National Industrial Court (NICN) in adjudicating wrongful dismissals, adopting an interpretation rooted in international best practices. This shift is remarkable given that such international best practices, though persuasive, have not been domesticated into Nigerian law as required by Section 12 of the Constitution, despite Section 254C of the Constitution and Section 7(6) of the NICN Act seemingly empowering the NICN to consider them, and it was the Apex Court, whose judgments are binding on all other courts in Nigeria, that delivered this judgment.

Yet, any applause for this progressive approach remains muted. Subsequent decisions, particularly Dangote Cement Plc v. Ager (“Dangote”), have cast doubt on whether the position heralded in Adegun signals a permanent doctrinal shift or merely reflects a fleeting moment of judicial liberalism. These conflicting decisions of the Supreme Court expose an enduring tension at the heart of Nigerian employment law: should employment relationships be governed strictly by the contracts parties freely enter into, or should they be shaped by evolving international standards that demand fairness, justification, and dignity in the workplace?….Read More