Application of International Labor Standards in the Nigerian Oil and Gas Sector; Regional and Domestic Perspectives

Abstract

Allegations and proven cases of corruption of government officials and the environmental effects of activities of multinational corporations informed the opinion of the international community on the Nigerian oil and gas sector for decades; shifting the consideration of compliance with international labour standards to the background. The appellate courts have also disregarded the difference between traditional treaties and bespoke international legal instruments on labour standards. This approach led to sole and restrictive application of the 1999 Constitution (as amended) in determination of applicability of legal instruments on labour rights. In spite of lack of robust judicial pronouncements, the Nigerian state hardly implements the existing mechanisms that would extract compliance with the standards by the Multinational Corporations (MNCs). At the regional level there exists an attitude of reluctance to comply with the standards due to some factors discussed in the article. The article discusses the extant Nigerian statute on the interpretation of treaties concerning the scope of application of international labour standards, which has been largely ignored and hardly ever cited to the courts.