Abstract
This article adopts doctrinal method in interrogating the potentials of the ILO Conventions and Recommendations, revolutionizing the law on the bindingness and therefore enforceability of Collective Agreement (CA) in Nigeria by explicating the National Industrial Court of Nigeria (NICN) stance towards application of International Labour Organisation (ILO) convention/recommendations and International Best Practices (IBP) and International Labour Standards (ILS) in adjudication aimed at addressing the question of whether there is now light at the end of the tunnel regarding enforceability of CA in Nigeria. It examines the law and practice of enforceability of CA in South Africa (SA), Kenya, Ghana, and Zambia, drawing lessons for Nigeria. It finds that the NICN have approved/applied ILO conventions/recommendations and IBP and ILS in adjudication thereby opening new vistas in labor and employment adjudication in Nigeria including the enforceability of CA antithetical to the common law prescription. It also found that Kenya, South Africa, Ghana, and Zambia have incorporated the ILO position on enforceability of CA into their domestic laws and explicates lessons for Nigeria therefrom. It recommends that Nigeria should incorporate the ILO prescription into its domestic laws and gives statutory fortification to the NICN’s stance on enforceability of CA. Furthermore, if the NICN stance—which is a welcomed development—is appealed, it is recommended that the Court of Appeal should uphold it, thereby aligning Nigeria’s position as laid down by the NICN with global best practice.