The President of the National Industrial Court, Justice Benedict Kanyip, on Monday highlighted gaps in the Employees’ Compensation Act (ECA), warning that several provisions still leave workers inadequately protected. Speaking at an engagement organised by the Nigeria Social Insurance Trust Fund (NSITF) for legal stakeholders in Abuja, he said the law does not clearly specify whether employees may sue employers who fail to remit statutory contributions, as required under Section 33 of the Act.
Justice Kanyip explained that the lack of clarity affects injured workers and the families of those who die in workplace incidents, especially as occupational accidents are becoming more frequent. He noted that Nigeria has obligations under International Labour Organisation (ILO) conventions to safeguard workers and ensure compensation for job-related injuries. The country, he said, ratified key workplace safety conventions in 1994 and 2022.
According to him, failure to fully compensate victims of workplace injuries undermines Nigeria’s commitments under these conventions. He added that the national policy on occupational safety explicitly states that both formal and informal sector workers should be covered.
The Industrial Court President commended the NSITF for convening the engagement, describing it as a crucial step towards strengthening the Employees’ Compensation Scheme (ECS).
Earlier, the Managing Director of the NSITF, Mr. Oluwaseun Faleye, said workplace safety and social protection are “foundational to national development.” Addressing participants, he argued that protecting workers enhances productivity, reinforces human dignity and supports national stability.
Mr. Faleye noted that when workers are safe, employers prosper and the country’s future is more secure. He added that the theme of the conference reflects ongoing efforts to strengthen the legal frameworks governing social insurance for workers who suffer injury, disease or death in the course of employment.
He said the prevention of workplace hazards remains one of the NSITF’s central mandates. Citing ILO data, he observed that more than 2.8 million workers die annually from workplace accidents worldwide, while a further 374 million sustain non-fatal injuries.
According to him, Nigeria faces additional challenges, including weak safety compliance, high-risk sectors and inadequate data collection. He acknowledged that while the ECA has improved compensation administration, it requires updates to respond to emerging realities.
Mr. Faleye urged judges and legal practitioners to regard social protection as a right and to avoid technical barriers when interpreting the law.
