20/02/2023
The Employee Compensation Act 2010 (ECA) repealed the Workmen Compensation Act (WCA) 2004.
Section 55 of the Employees Compensation Act (ECA) provides for the procedure to be followed by employees/dependents, which is by way of application to the National Social Insurance Trust Fund Board (NSITF).
By virtue of this provision of the ECA, the NICN does not have original jurisdiction over matters stilulated under the ECA 2010 but an appellate one.
A claimant will have to follow and exhaust all the stipulated procedures before proceeding to the National Industrial Court of Nigeria, which is the court with appellate jurisdiction over the decision of the Board.
See MADUKA v EARTH MOVING INTERNATIONAL LTD. & ANOR (2013) 33 NLLR ( Pt. 95) 297.
