The National Social Security Fund (NSSF) Act, 2013 was assented to by the President on 24th December 2013 and came into operation on 10
th January 2014. The Act was enacted for the realization of social security which is a fundamental right to which every person is entitled
under Article 43 (e) of the Constitution. The said enactment triggered the institution of five constitutional petitions before the Employment and Labour Relations Court (“ELRC”) and the High Court (Constitutional and Human Rights Division) challenging its constitutionality. Two of the Petitions filed in the High Court were transferred to the ELRC whereafter they were consolidated.
At the ELRC, the petition was certified as one that raises substantial questions of law and later forwarded to the Chief Justice for empanelment of a bench to hear the matter. During this period, the Court determined that both the ELRC and the High Court have jurisdiction to hear and determine the matter. The Chief Justice empaneled a three Judge bench from the ELRC division to hear the matter. The ELRC decision was appealed to the Court of Appeal and subsequently to the Supreme Court which delivered its judgment on 21st February 2024.
