(1) Subject to this section and the other provisions of sections 81, 82, 84 and 85 of this Act, the law regulating the procedure in criminal cases (including the law respecting appeals, revisions and the levying of moneys ordered to be paid) shall apply to the complaint and any orders for the payment of money made in consequence of the complaint, so however that-
(a) the court may order that the law regulating civil proceedings shall apply to the complaint and any such orders if in any case it considers that the interests of justice so require; and
(b) the law regulating civil proceedings shall so apply if the court has no criminal jurisdiction.
(2) Where in consequence of the complaint the court makes an order for the payment of any sum by a public authority, no execution shall be issued, but the court shall forward a copy of the order-
(a) if the public authority is the Federal Government, to the Minister for Finance and Economic Development;
(b) if the public authority is a State Government, to the Minister for Finance of that State; and
(c) in any other case, to the public authority concerned, and it shall thereupon be the duty of the Minister, person or public authority in question to ensure that the amount in the order is paid by the proper officer or department.
(3) The respondent, if immediately before the hearing of the complaint he is not in actual custody, shall not be compelled to enter the dock or other place usually assigned for persons under trial on a criminal charge or be otherwise treated as under arrest during the hearing of the complaint:
Provided that the court may cause the respondent to be arrested and detained in custody if it is satisfied that it is necessary to do so in order to secure the attendance of the respondent.
(4) At the hearing of the complaint the respondent shall be a competent but not a compellable witness.
(5) At the request of the complainant, an authorized labour officer who is entitled to act under section 78 (1) (j) of this Act may represent the complainant at the hearing of the complaint.
Section 83 of the Labour Act in Nigeria
Act structure