THE APPLICATION OF INTERNATIONAL TREATIES ON INDUSTRIAL RELATIONS IN NIGERIAN COURTS: MYTHS OR REALITY?

Nigeria is a signatory to quite some treaties, especially treaties relating to non-judicial relations and disputes. This paper examines the real and practical force of international industrial relations treaties in Nigerian courts and explains the constitutional framework on treaty reception and the new powers of the National Industrial Court of Nigeria after the Third Amendment to the 1999 Constitution. The paper adopted the doctrinal methodology by examining primary sources, such as the constitution, ratified treaties, statutes, and case laws, as well as secondary sources, such as the opinion of scholars on the subject and internet sources. The paper opined that the National Industrial Court has special powers to apply international best practices in labour and international labour standards even when the treaty has not been domesticated. This creates a narrow but real pathway from myth to reality. The result still depends on the type of instrument used. Domesticated instruments, such as the African Charter, have a binding force, whereas undomesticated ILO Conventions operate mainly as persuasive standards. The paper explored other jurisdictions to draw lessons for Nigeria. The paper concludes with recommendations for harmonizing standards and making international labour obligations more effective in Nigeria.