CHAPTER 13: - Right to Work: - Article 15
1. Constitutional, Legislative and Judicial Measures
Though the 1999 Nigeria Constitution does not contain explicit provisions on the right to
work, it nevertheless provides under chapter 2, sections 16 and 17 read together as
follows that: a) The state shall, within the context of economic objectives (section 16) protect
the right of every citizen to engage in any economic activities (including the
production, distribution and exchange of wealth or of major sectors of the
economy;
b) The state shall direct its policy towards ensuring that: - all citizens, without
discrimination on any group whatsoever, have the opportunity for securing
adequate means of livelihood as well as adequate opportunity to secure suitable
employment; conditions of work are just and humane, and that there are
adequate facilities for leisure and for social, religious and cultural life; the health,
safety and welfare of all persons in employment are safeguarded and not
endangered or abused; there is equal pay for equal work without discrimination
on account of sex, or on any other ground whatsoever; children, young persons
and the age are protected against any exploitation whatsoever, and against
moral and material neglect.
2. Judicial Intervention
Recently, both the Supreme Court and the Court of Appeal held that termination of
contract of employment and dismissal from employment as well as collective agreement in
labour/employment matters must comply with due process of law and principles of natural justice:
- See Aji v. CBDA (2015)16 NWLR (Pt.1486)P.564; NDLEA v. Zakari (2015) 7 NWLR
(Pt.1458)p.361; NSE v. Ozah (2015)6 NWLR (pt. 1454)p.76; FBN Plc v. Mmoka(2015)6 NWLR
(Pt.1456)p.507.
3. Employees/Workmen’s Compensation Act 2011 makes it compulsory for an employer to pay
compensation to his/her employee or his dependants who suffers from death, injury, disease or
disability arising from or in the course of employment, among others. Hence, the new Act
provides for a more open and fair system of guaranteed and adequate compensation, thereby
creating a room for harmonious industrial relationships between labour unions and employers in
both the public and private sectors.
i. Other Employment/Labour Legislations are: - The Labour Act makes provisions for the
protection of wages, contracts of employment and terms and conditions of employment;
the Factories Act provides for the registration of factories, to provide for factory workers
and other professionals exposed to occupational hazards and to make adequate
provisions regarding the safety of workers; the Trade Unions Act makes provisions with
respect to the formation, registration and organization of Trade Unions; the Trade
Disputes Act makes provisions for the expeditious settlement of trade disputes and
other matters ancillary thereto; the Nigerian Maritime Labour Act, 2003 regulates the
activities of seafarer employers, stevedoring companies, dockworkers and other
maritime workers; the Social Insurance Trust Fund Act operates the social security
system of assistance to the less privileged members of society and aims at cushioning
the effect of uncertainties brought about by death, disability and old age; the Pension
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