On 20 February 2026, the Supreme Court of Nigeria coram Justice Kekere-Ekun (CJN), Justice Iyang Okoro, Justice Helen Ogunwumiju, Justice Adamu Jauro, Justice Jummai Shankey, Justice Obande Ogbuinya and Justice Stephen Adah, unanimously delivered a landmark decision in a Constitutional Case Reference, clarifying the jurisdictional boundaries between the National Industrial Court of Nigeria (“NICN”) and State High Courts in defamation related matters.
The constitutional reference
On 20 February 2026, the Supreme Court of Nigeria delivered a landmark decision in a Constitutional Case Reference. The Court sat as a full panel of seven Justices, led by Justice Kekere-Ekun, the Chief Justice of Nigeria.
The reference asked the Court to clarify the jurisdictional boundaries between the National Industrial Court of Nigeria and State High Courts in defamation matters.
The question for determination
One issue sat at the centre of the reference. Does section 254C of the Constitution exclude or affect the jurisdiction of a State High Court over a defamation claim, where that claim arises from or connects with labour and employment?
The question matters because employment disputes frequently generate reputational claims. An employee dismissed in contested circumstances may allege defamation alongside the employment claim itself. Until now, which court should hear that defamation claim was not settled.
Why the decision matters
For employers, the answer determines where a claim lands and which procedural rules apply. For employees, it shapes how a claim should be framed at the outset.
Consequently, the decision offers welcome certainty on a question that has produced inconsistent outcomes.
Our case alert sets out the Court’s reasoning and its practical effect for employment and defamation claims. Click the button below to read the publication.
