B.P.E v DANGOTE CEMENT PLC (2020) 5 NWLR (PT. 1717) 322: THE ENFORCEABILITY OF UNINCORPORATED COLLECTIVE AGREEMENTS IN NIGERIA

ABSTRACT

This paper briefly reviews part of the recent decision of the Supreme Court in B.P.E v Dangote Cement Plc1 wherein the apex court reiterated the old common law position to wit that a collective agreement is not enforceable except where it has been incorporated into the contract of employment by the parties. The aim of this paper therefore is to discuss the applicability or otherwise of this recapitulation by the supreme court on the lower courts especially in the light of the doctrine of judicial precedent vis-à-vis the current labour dispensation in Nigeria. Adopting a doctrinal and analogical approach, the researcher finally submits that the supreme court’s decision particularly as it relates to collective agreements, is not binding on the lower courts and that, under the new labour dispensation, a collective agreement need not be incorporated into an employee’s contract of employment before it can be enforced by the court.

Keywords: Collective Agreements, Enforceability, Labour, National Industrial Court of Nigeria (NIC)

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UNILAG Law Review, (2021) Volume 4 Edition 2

About the Author

Victor Obinna Chukwuma Esq. LLB, BL, LLM Student (Unilag), Counsel at Adekunle Ojo & Associates, Ikeja, Lagos. He can be contacted via email: obinnaonwa132@gmail.com or his phone number: 07069182735.