NATIONAL OPEN UNIVERSITY OF NIGERIA

UNIVERSITY VILLAGE, PLOT 91, CASDASTRAL ZONE, NNAMDI AZIKIWE EXPRESS WAY, JABI, ABUJA.
FACULTY OF LAW
JANUARY/FEBRUARY 2013 EXAMINATION

COURSE CODE:                                                                              LAW 231                                                                            

COURSE TITLE:                                                                             Labour Law I

DURATION:                                                                                     3 Hours

INSTRUCTIONS:                                                                            Answer five questions in all

1.            a.             Trace the history of labour law in Nigeria.

                b.            Discuss the facts of ‘The Moorcock’ pointing out the test propounded in the case.

2.            With the aid of decided cases differentiate between a contract of service and a contract for services.

3.            Akpan needed to pick up some goods from the airport but his car had broken down and he had no money to fix it. He borrowed Musa’s Jeep and promised to repay Musa for his act of kindness. On his way out, he heard Musa saying that he would love some Kilishi and beer. After picking up the goods, he decided to surprise Musa with Kilishi from Musa’s customer. While trying to park the Jeep at the Kilishi spot, he backed onto Bayo’s brand new saloon car. While Bayo’s bumper and headlights were destroyed, there was no damage to the Jeep. Bayo has been told that Akpan is a poor jobseeker and that the true owner of the Jeep is Musa who happens to be very rich. Advise Bayo on the possibility of holding Musa responsible for damage done to his car. 

4.            Discuss the rule in Foss V. Harbottle and situations where the rule will not apply.

5.            Barrister Loya has been instructed to institute legal action against his client’s employee for inducement. Advise him on the elements that require proof if his suit must succeed.

6.            List the sources of Nigerian labour law, pointing out whether they are legal sources or not.

7.            James used to live in Jos but was repeatedly targeted for assassination by Boko Haram members for his vocal arguments against religious extremism. He later relocated and was employed by Pearl Bank, Lagos. About 1 year after his employment,   he was transferred to Abuja together with his colleague, Sule. One evening, he received an anonymous sms informing him that Boko Haram were aware that he was in Abuja and had vowed to ensure that he does not leave Abuja alive. He showed the sms to Sule and they requested to be transferred back to Lagos. 1 week later, James received another sms saying ‘Get out of Abuja NOW!’ when he showed Sule the sms,  Sule said, ‘Chei! Our lives are in danger. Let’s leave o, before they use us for suya!’. They left that Abuja that night. When they reported to their office in Lagos,  the CEO instructed that they should be made to explain why disciplinary action should not be taken against them. Advise the parties. 

8.            Where a contract of employment has been terminated properly, the motive or intention which actuated the termination is irrelevant. Discuss

9.            a.             ‘A member of a trade union can sue the union at any time’. Discuss.

                b.            Explain the doctrine of ‘closed shop’ and its applicability under Nigerian labour law.