Essential Service Notion and its Legal Implications under Nigerian Labour Law

Abstract

The essential services provision of the Trade Dispute Act 2004 appears to have restricted the ability of Nigerian workers to exercise fundamental rights pertaining to work-related issues, including freedom of expression and freedom of association. Consequently, Nigerian workers appear to have become susceptible to the whims and caprices of their employers, thereby infringing upon specific fundamental rights. This paper undertakes a critical examination of the notion of essential services as it pertains to labour law in Nigeria. In doing so, it questions underlying assumptions and investigates the legal ramifications, delineating intricate aspects and possible drawbacks. The paper contends, through the use of a doctrinal design, that the existing categorisation of essential services might be excessively general and susceptible to abuse. Although this designation is meant to protect the public interest, it frequently results in limitations on workers' rights, such as the right to engage in strikes and the balance of power between employers and employees. By analysing Nigerian legislation and labour laws in other pertinent jurisdictions through the lens of the Nigerian Labour Act and other pertinent provisions, the primary objective is to disprove the concept of essential service. In its conclusion, the paper recommends that policymakers consider implementing a more all-encompassing legal structure that protects the fundamental rights of employees and promotes enhanced reciprocal rights between employees and employers. Through legal reforms and dialogue, it is possible to achieve a more just and equitable balance between the needs of essential services and the rights of workers in  Nigeria and beyond.