The president of the National Industrial Court, Justice Benedict Kanyip, has raised concerns over observed lacunae in the Employees’ Compensation Act.

The act empowers the Nigeria Social Insurance Trust Fund to compensate injured workers, support families of deceased employees and rehabilitate accident victims.

Speaking at the NSITF engagement with legal stakeholders in Abuja on Monday, Mr Kanyip raised concerns about the provisions of Section 33 of the ECA regarding employers who fail to remit their employees’ contributions.

According to the Justice, it remains unclear whether affected workers can sue such employers for statutory negligence.

Mr Kanyip noted that workplace injuries are now common, adding that Nigeria is obligated under ILO conventions to prevent and compensate for such incidents. According to him, Nigeria ratified key ILO conventions on occupational safety in 1994 and 2022.

Mr Kanyip warned that failure to compensate all victims of workplace injuries undermines Nigeria’s commitments under the conventions. He said national policy clearly states that occupational safety protections apply to all workers in both formal and informal sectors.

Mr Kanyip thanked NSITF for initiating the engagement, organised to discuss improving the Employees’ Compensation Scheme.

The managing director of NSITF, Oluwaseun Faleye, said workplace safety and social protection are foundational to national development. According to him,  workplace safety and social protection strengthen economic productivity, human dignity and national stability.

He added that protecting workers guarantees prosperity for employers and safeguards the nation’s future. Mr Faleye said the conference theme aligns with efforts to strengthen legal frameworks that ensure social insurance for workers who sustain injuries, diseases, or death on duty.

He added that prevention of workplace hazards remains a central mandate of the NSITF. According to him, in the International Labour Organisation data, there are over 2.8 million workers who die annually from workplace accidents, while 374 million sustain non-fatal injuries.

He said Nigeria’s challenges are worsened by a lack of proper data, high-risk sectors and weak adherence to safety rules. Mr Faleye explained that the ECA has improved the administration of compensation but requires updates to address emerging realities.

He urged the judges and the legal stakeholders to treat social protection as a right and avoid technical barriers in interpreting the law. 

(NAN)