BROKEN DIALOGUE, BROKEN PROMISES: LEGAL FAILURES AND THE COLLAPSE OF INSTITUTIONAL DUE DILIGENCE IN NIGERIA’S PUBLIC SECTOR

Abstract

This paper critically examines the institutional and legal failures undermining the enforcement of labour standards and dispute resolution mechanisms in Nigeria’s public sector, with particular attention to the state’s obligations under international labour law. Drawing on the recurring breakdown of dialogue between government and public sector unions—such as the Academic Staff Union of Universities (ASUU), the paper interrogates the systemic collapse of institutional due diligence, the non-implementation of collective agreements, and the ineffectiveness of existing dispute resolution frameworks. Although Nigeria is a signatory to core ILO Conventions, including Convention No. 87 and 98, the reality of state practice reveals a troubling gap between international commitments and domestic enforcement. The paper argues that this disconnect is not merely administrative but fundamentally legal and structural, rooted in ambiguous statutory provisions, institutional overlap, and a weak culture of compliance. Using doctrinal and comparative methodologies, the paper evaluates Nigeria’s existing labour dispute mechanisms under the Trade Disputes Act, the National Industrial Court framework, and the newly enacted Arbitration and Mediation Act 2023, exposing their inadequacies in providing timely and credible remedies. Further, the study draws lessons from international models such as the UK’s ACAS, South Africa’s CCMA, and the US FMCS, recommending the establishment of an independent national body for institutionalised mediation in the public sector. It concludes that without strategic legal reform and genuine commitment to social dialogue, Nigeria risks eroding both public trust and its international labour reputation. The paper contributes to the literature on labour law, institutional accountability, and legal reform in developing economies and proposes a model of dispute resolution that aligns with both constitutional obligations and global labour standards.