The President of the National Industrial Court of Nigeria (NICN), Justice Benedict Bakwaph Kanyip, has called for stricter enforcement of the Employees’ Compensation Act to ensure workers who suffer workplace injuries, disabilities or occupational diseases receive adequate compensation and protection.
Kanyip made the call at the 2026 Legal Stakeholders’ Engagement organised by the Nigeria Social Insurance Trust Fund (NSITF) on October 29 and 30 at Johnwood Hotel, Wuse Zone 5, Abuja. He urged the judiciary and relevant institutions to strengthen the implementation of the law and ensure employers meet their obligations under the Employees’ Compensation Scheme.
Delivering the keynote address on the theme, “Enhancing Judicial Interpretation, Adjudication, and Enforcement under the Employees’ Compensation Act, 2010,” the NICN President described the law as a major pillar of workplace social security in Nigeria.
He explained that the Act replaced the former Workmen’s Compensation Act with a no-fault compensation system that guarantees benefits to employees or their dependants in cases of occupational injuries, diseases, disabilities or death, regardless of whether the employer or employee was responsible.
Justice Kanyip noted that the law requires employers to contribute at least one per cent of their total monthly payroll to the Employees’ Compensation Fund, which is managed by the NSITF.
He urged courts to interpret the Act progressively to cover changing employment arrangements, including casual workers, gig economy participants, third-party contractors and remote workers who may otherwise be left without adequate protection.
On the relationship between statutory compensation and common-law negligence claims, Kanyip explained that workers have two distinct legal options: seeking compensation through the NSITF or filing a direct negligence claim against their employers.
He stressed that the two remedies are mutually exclusive, meaning a worker who chooses one option cannot subsequently pursue the other for the same injury.
Citing decisions of the National Industrial Court, including Amina Hassan v. Airtel Networks Ltd & Anor and Mr Anthony Godwin Utibe v. Jiuxing Integrity Industries Ltd, he said the Employees’ Compensation Act does not prevent workers from approaching the courts directly under common law, provided they have not already pursued the statutory compensation process.
On improving compliance, the NICN President called on the NSITF to strengthen employer audits, ensure payment of the mandatory one per cent contribution, impose stiffer penalties for failure to remit contributions and report workplace injuries, and introduce fully automated systems for reporting workplace accidents and processing compensation claims.
He also proposed collaboration between the NSITF, the Nigeria Revenue Service and the Corporate Affairs Commission to improve the monitoring and verification of employers’ contributions.
Justice Kanyip further identified gaps and ambiguities in the Employees’ Compensation Act, particularly inconsistencies in its references to the National Council on Occupational Safety and Health and questions surrounding the legal framework establishing the council.
He urged judicial officers to address these uncertainties through appropriate legal interpretation and the application of international labour standards.
Earlier, the Managing Director of the NSITF, Oluwaseun Faleye, said the engagement provided another opportunity for institutions and stakeholders to strengthen cooperation towards the effective administration of the Employees’ Compensation Scheme.
Faleye explained that the Act goes beyond providing a legal framework for paying benefits, describing it as a national commitment to ensuring that workers who suffer work-related injuries, diseases, disabilities or death, and their dependants where applicable, do not bear the consequences alone.
In his opening address, the Minister of Labour and Employment, Muhammadu Dingyadi, called for stronger cooperation among government institutions, the private sector and other stakeholders to improve workers’ protection and the administration of the scheme.
Dingyadi emphasised the need for better guidance, increased public awareness, efficient administrative processes and sustained engagement with the judiciary.
He added that stakeholder engagements provide opportunities to examine policy and administrative challenges, share experiences and develop solutions to issues affecting employment practices and workers’ welfare.
Justice Kanyip concluded that the effectiveness of the Employees’ Compensation Act depends not only on its provisions but also on proper judicial interpretation, efficient adjudication and strict enforcement to ensure injured workers receive timely justice and meaningful protection.
