Supreme court clarifies industrial court’s jurisdiction over defamation claims

The Supreme Court of Nigeria has delivered a landmark judgment clarifying the jurisdiction of the National Industrial Court of Nigeria (NICN) regarding defamation cases arising from employment disputes.

This important ruling resolves years of conflicting decisions by the Court of Appeal concerning the NICN’s authority to adjudicate tortious claims within a professional context.

Tortious refers to an act or omission that constitutes a tort, which is a civil wrong (other than a breach of contract) that causes someone else to suffer loss or harm, resulting in legal liability for the person who commits the act.

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The matter was referred to the apex court by the Lagos Division of the Court of Appeal following a dispute between Emma Elegbe and Lolu Elegbe against HP International School Ltd and others (Appeal No: SC/CV/899/2025).

Delivering the lead judgment, Justice Stephen Adah emphasised that tortious claims, including defamation, do not automatically fall within the remit of labour and employment matters as contemplated by Section 254C of the Constitution.

He noted that such cases are generally justiciable before regular courts, pending a substantive examination of the alleged defamatory publications.

However, Justice Adah clarified that the decision does not categorically exclude all tort claims from the NICN’s oversight.

Instead, the court has established a principled, context-sensitive distinction grounded in the specific pleadings and the constitutional scope of Section 254C.

The Justice added that determining jurisdiction remains a fact-sensitive exercise requiring a thorough analysis of the true nature of the dispute.

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The judgment outlines two primary scenarios for determining the appropriate venue for litigation. In instances where a defamation claim is inextricably tied to the employment contract or workplace conduct, the NICN retains the authority to preside over the matter.

Conversely, where a defamation claim exists independently of the professional relationship or involves parties outside the employer-employee dynamic, it must proceed before a State High Court.

The Court stated:

“Where a defamation claim exists independently… and is directed against a party outside the employer-employee relationship, such a claim falls outside the NICN’s constitutional remit.”

This judgment is expected to provide essential guidance for legal practitioners and employers alike, marking a significant evolution in Nigerian employment law.