(1) No citizen shall leave Nigeria under a foreign contract to serve as a worker outside Nigeria unless he has been-
(a) medically examined under section 8 of this Act and passed fit to perform the work for which he was engaged; and
(b) brought before an authorized labour officer and certified by that officer as duly recruited in accordance with this Part of this Act.
(2) Before issuing a certificate under subsection (1) (b) of this section, an authorized labour officer shall satisfy himself that-
(a) a valid contract for employment of the citizen has been duly entered into in accordance with section 40 of this Act;
(b) the citizen has obtained-
(i) the consent in writing of the local governm ent authorit y within whose jurisdicti on he ordinaril y resides signified before an administ rative officer, and a certificat e in writing from the administ rative officer to that effect, or
(ii) if the citizen does not ordinaril y reside within the jurisdicti on of a local governm ent authorit y, the consent in writing of an administ rative officer;
(c) the citizen has not been subjected to illegal pressure or recruited by misrepresentation or mistake;
(d) the citizen has been recruited in accordance with this Part of this Act;
(e) the citizen is of or above the proper age for recruitment in accordance with section 27 (4) of this Act; and
(f) the citizen has been medically examined under section 8 of this Act and passed fit to perform the work for which he has been recruited.
(3) An administrative officer shall not give a certificate or his consent under subsection (2) (b) of this section unless he is reasonably satisfied with regard to the citizen concerned-
(a) that the citizen is not abandoning wives, children or other relatives dependent upon him for maintenance and that due provision has been made for the maintenance during the citizen's absence of any persons dependent upon him; and
(b) that the citizen's absence from Nigeria is not obviously inconsistent with engagements into which he has previously entered or with obligations imposed by law, custom or usage.
Section 39 of the Labour Act in Nigeria
Act structure