Stripping and Flogging of Workers In Nigeria. Daily Law Tips (Tip 796) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)
Introduction:
Nigeria is the most populated black nation in the world. It is home to the richest black man (Aliko Dangote) and more than 82 Million Nigerians that live on less than a dollar. There is a huge gap between the poor and the rich in Nigeria. This imbalance is worse in the employment sector, where the employers (often the rich) enslave the employees/workers (often the poor). Many workers, especially the workers in the private sector, are often maltreated, flogged, surcharged, defamed, stripped naked or tortured. Even police officers and other government staff that are assigned to government officials, get tortured by their principals, who often force them to play domestic roles.
Flogging and stripping a worker are torture and a violation of human rights as well as a criminal offence. There is no justification for torture by an employer, and not even a law enforcement agent is permitted to torture any person. With very low literacy level (62.2% in 2018) and unimaginably poor legal literacy level, victims of torture, prefer to be silent or are too scared to report their perpetrators or are ignorant of their rights. By the way, with weak institutions, the rich Nigerians are never arrested, investigated or prosecuted, even where there are overwhelming evidence. Hence, there is a surge in the torture of workers in the private sector by their employers.
Employment and Torture:
Employment is regulated in Nigeria by a federal law (the Labour Act). This means that no state government, local government, international employer or local employer can setup employment terms and policies that conflict with the federal employment law. The Labour Act regulates employment from how to write employment letter to the duration of maternity leave. Some of the provision of the Labour Act, are; workers are not to be forced to patronise a particular supermarket/business/school; workers’ wages/salaries are not to be fined, deducted or surcharged apart from deductions allowed by law; workers are not to be paid in kind but in cash and workers are entitled to a 12-day sick leave with pay, in any one calendar year (January to December).
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Employment is not a reformatory session, where workers are to be subjected to reformatory punishments. A worker is not a student or a prisoner. A worker is a human being with all fundamental human rights that are equal to that of his employer and that must be respected by all persons and processes. A worker offers his resources for a fee and not his life and human rights. Above all, no employer should tamper with the fundamental human rights of a worker, no matter the position, age, race, colour, religion, height or class of the worker.
Torture is when pain or suffering, whether physical or mentally is knowingly inflicted on any person to obtain information, punish, intimidate or force such person or any other person by or at the orders of a public official or any person acting on official capacity without lawful sanction/authority. Torture can be physical, mental or even both.
Torture includes; beatings, food deprivation, rubbing of pepper/chemicals, assuming of stressful bodily positions, rape, exposure to cold/sunlight, use of drugs, blindfolding, threat, prolonged interrogation, unscheduled transfer of persons, secret detention, denial of sleep, shaming, stripping naked and parading in public places. Torture is a violation of fundamental human rights. Depending on the nature of the torture, it could affect one or several human rights. The violation of human rights or attempt to violate or the fear of such violation, are violation of human rights and the courts will not hesitate to punish the offenders.
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Torture aside being a violation of human rights, is also a violation of criminal law. All forms of torture are offences under the criminal laws in the states across Nigeria. Also, the federal legislature (the National Assembly) has gone on to enact a federal law on torture (Anti-Torture Act) which prohibits and criminalise all forms of torture. So, where there is a torture, the offender can also be prosecuted under a criminal law, aside a prosecution under the fundamental human rights.
Aside prosecuting an employer for torture, under criminal law or the fundamental human rights, there is a third option. An employer can also be sued in a civil court for tort. This could be for the actions of the employer that led to; assault, battery, defamation, economic loss, trespass, emotional stress, invasion of privacy, false imprisonment, employment discrimination, unlawful demotion, wrongful failure to promote and wrongful termination.
Pursing a case against an employer under civil or criminal or both of them, have varying benefits. The good news is that they all can run concurrently. A case under the criminal law focuses on the imprisonment of employer, payment of fine to government and in rare cases payment of compensation to the victim. Under the civil court, a fundamental human rights case can order an employer to write an apology and pay huge compensations running into millions of Naira for violation of human rights. Also, in the civil court, a case of tort, can make an employer to even pay more compensations, running into mega millions of Naira. A good lawyer will assist victims in proper legal diagnosis and in making the right choice in accessing justice.
Conclusion:
Under any form of employment, where there is torture, the victim or the well-wishers of the victim have a right to report the employer to the Nigeria Police Force. Aside reporting to the police (and as is often the case, while the police delays) the same case can be taken to a civil court for enforcement of human rights and to seek damages under tort. The failure of police to prosecute a criminal case or the success of police, does not affect or stop a victim of torture or his well-wishers from seeking justice in a civil court.
A victim that cannot engaged the services of a legal practitioner, should rush to the nearest office of the National Human Rights Commission (NHRC) for free legal services. Here is a link to the offices of the National Human Rights Commission; <https://sabilaw.org/details-of-state-offices-of-national-human-rights-commission/>. Also, there are several non-governmental and not-for-profit organisations that could offer free legal services; search the internet and speak with your lawyer for such contacts.
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An employer that tortures a worker or attempts to torture or threatens to torture a worker should be ready for criminal and civil prosecutions. Litigations can run down businesses, nothing slumps wealth like litigation and sickness. Employers must be trained to control their emotions and be law-abiding at all times.
My authorities, are:
- Sections 1, 2, 3, 14, 16, 17, 33 to 45, 318 and 319 of the Constitution of the Federal Republic of Nigeria, 1999
- Sections 1, 2, 6, 21, 91 and 92 of the Labour Act of 1971.
- Sections 2, 7, 8, 13 and 14 of the Anti-Torture Act, 2017.
- Michael Ndu-Okeke, “There are only 15 black billionaires in the world, here are the top 10” (Nairametrics, 23 April 2021) <https://nairametrics.com/2021/04/23/there-are-only-15-black-billionaires-in-the-world-here-are-the-top-10/> 23 May 2021
- World Bank, “Nigeria releases new report on poverty and inequality in country” (WorldBank, 28 May 2020) <https://www.worldbank.org/en/programs/lsms/brief/nigeria-releases-new-report-on-poverty-and-inequality-in-country> accessed 23 May 2021
- Akintunde Akinleye, “Forty percent of Nigerians live below the poverty line: Report” (Aljazera, 4 May 2020) <https://www.aljazeera.com/economy/2020/5/4/forty-percent-of-nigerians-live-below-the-poverty-line-report> 23 May 2021
- Nigeria Literacy Rate 1991-2021 <https://www.macrotrends.net/countries/NGA/nigeria/literacy-rate>
- Onyekachi Umah, “Details of State Offices of National Human Rights Commission” (LearnNigerianLaws.com, 27 October 2020) <https://sabilaw.org/details-of-state-offices-of-national-human-rights-commission/> accessed 14 May 2021
- Onyekachi Umah, “Places, Workers Cannot Be Paid Salaries In Nigeria” (LearnNigerianLaws.com, 27 February 2019) <https://sabilaw.org/daily-law-tips-by-onyekachi-umah-esq-tip-277-places-workers-cannot-be-paid-salaries-in-nigeria/ > accessed 23 May 2021
- Onyekachi Umah, “It Is Illegal For Workers To Be Told Where And How To Spend Salaries” (LearnNigerianLaws.com, 20 February 2019) <https://sabilaw.org/daily-law-tips-by-onyekachi-umah-esq-tip-272-it-is-illegal-for-workers-to-be-told-where-and-how-to-spend-salaries/ > accessed 23 May 2021
- Onyekachi Umah, “An Employment without a Written Employment Agreement is an Offence” (LearnNigerianLaws.com, 30 April 2018) <https://sabilaw.org/daily-law-tips-by-onyekachi-umah-esq-tip-91-an-employment-without-a-written-employment-agreement-is-an-offence/ > accessed 23 May 2021
- Onyekachi Umah, “Fines And Deductions From A Worker’s Salary Are Illegal” (LearnNigerianLaws.com, 15 July 2020) <https://sabilaw.org/fines-and-deductions-from-a-workers-salary-are-illegal-daily-law-tips-tip-610-by-onyekachi-umah-esq-ll-m-aciarbuk/ > accessed 23 May 2021
- Onyekachi Umah, “Sacking Of A Private Sector Worker With Or Without Reason” (LearnNigerianLaws.com, 8 May 2020) <https://sabilaw.org/sacking-of-a-private-sector-worker-with-or-without-reason-daily-law-tips-tip-565-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 23 May 2021
- Onyekachi Umah, “Can Workers Be Paid Salaries With Relief Materials And PPES?” (LearnNigerianLaws.com, 17 April 2020) <https://sabilaw.org/can-workers-be-paid-salaries-with-relief-materials-and-ppes-daily-law-tips-tip-550-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 23 May 2021
- Onyekachi Umah, “Duration Of Sick Leave With Pay In Nigeria” (LearnNigerianLaws.com, 24 March 2020) <https://sabilaw.org/duration-of-sick-leave-with-pay-in-nigeria-daily-law-tips-tip-532-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 23 May 2021
- Onyekachi Umah, “Who Must Pay The Cost Of Medical Examination Of All Workers In Nigeria” (LearnNigerianLaws.com, 23 March 2020) <https://sabilaw.org/who-must-pay-the-cost-of-medical-examination-of-all-workers-in-nigeria-daily-law-tips-tip-531-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 23 May 2021
- Onyekachi Umah, “List Of Things That Must Be In An Employment Letter/Agreement” (LearnNigerianLaws.com, 28 January 2020) <https://sabilaw.org/list-of-things-that-must-be-in-an-employment-letter-agreement-daily-law-tips-tip-492-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 23 May 2021
- Onyekachi Umah, “Oral Employment Agreement Is Illegal In Nigeria” (LearnNigerianLaws.com, 23 January 2020) <https://sabilaw.org/oral-employment-agreement-is-illegal-in-nigeria-daily-law-tips-tip-489-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 23 May 2021
- Onyekachi Umah, “DEDUCTION OF INTERESTS, DISCOUNTS AND SIMILAR CHARGES FOR “SALARY ADVANCE” IS ILLEGAL” (LearnNigerianLaws.com, 20 September 2019) <https://sabilaw.org/deduction-of-interests-discounts-and-similar-charges-for-salary-advance-is-illegal-daily-law-tips-tip-418-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 23 May 2021
- Onyekachi Umah, “WHEN IS IT ILLEGAL FOR A WORKER TO DEMAND OR BE PAID “SALARY ADVANCE” (LearnNigerianLaws.com, 4 September 2019) <https://sabilaw.org/when-is-it-illegal-for-a-worker-to-demand-or-be-paid-salary-advance-daily-law-tips-tip-407-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 23 May 2021
- Onyekachi Umah, “COMPULSORY PERIOD OF GRACE BEFORE EMPLOYER CAN DEMAND RECOVERY OF SALARY ADVANCES IN NIGERIA” (LearnNigerianLaws.com, 26 August 2019) <https://sabilaw.org/compulsory-period-of-grace-before-employer-can-demand-recovery-of-salary-advances-in-nigeria-daily-law-tips-tip-399-by-onyekachi-umah-esq-llm-aciarb-uk/> access 23 May 2021
- Onyekachi Umah, “IT IS ILLEGAL TO PAY A WORKER MORE THAN 1 MONTH ADVANCE IN NIGERIA” (LearnNigerianLaws.com, 5 July 2019) <https://sabilaw.org/it-is-illegal-to-pay-a-worker-more-than-1-month-advance-in-nigeria-daily-law-tips-tip-367-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 23 May 2021
- Onyekachi Umah, “PLACES, WORKERS CANNOT BE PAID SALARIES IN NIGERIA” (LearnNigerianLaws.com, 27 February 2019) <https://sabilaw.org/daily-law-tips-by-onyekachi-umah-esq-tip-277-places-workers-cannot-be-paid-salaries-in-nigeria/> accessed 23 May 2021
- Onyekachi Umah, “IT IS ILLEGAL FOR WORKERS TO BE TOLD WHERE AND HOW TO SPEND SALARIES” (LearnNigerianLaws.com, 20 February 2019) <https://sabilaw.org/daily-law-tips-by-onyekachi-umah-esq-tip-272-it-is-illegal-for-workers-to-be-told-where-and-how-to-spend-salaries/> accessed 23 May 2021
- Onyekachi Umah, “CAN A WORKER/STAFF IN NIGERIA BE PAID IN KIND INSTEAD OF WITH MONEY?” (LearnNigerianLaws.com, 9 November 2018) <https://sabilaw.org/daily-law-tips-by-onyekachi-umah-esq-tip-224-can-a-worker-staff-in-nigeria-be-paid-in-kind-instead-of-with-money/> accessed 23 May 2021
- Onyekachi Umah, “It Is A Crime To Run Recruitment and Employment Consultancy Services Without A License In Nigeria” (LearnNigerianLaws.com, 17 August 2018) <https://sabilaw.org/daily-law-tips-by-onyekachi-umah-esq-tip-165-it-is-a-crime-to-run-recruitment-and-employment-consultancy-services-without-a-license-in-nigeria/> accessed 23 May 2021
- Onyekachi Umah, “An Employment without a Written Employment Agreement is an Offence” (LearnNigerianLaws.com, 30 April 2018) <https://sabilaw.org/daily-law-tips-by-onyekachi-umah-esq-tip-91-an-employment-without-a-written-employment-agreement-is-an-offence/> accessed 23 May 2021
- Onyekachi Umah, “An Alternative to Courts for Human Rights Cases” (LearnNigerianLaws.com, 14 May 2021) <https://sabilaw.org/an-alternative-to-courts-for-human-rights-cases/> accessed 23 May 2021.
- Onyekachi Umah, “Stripping Suspects Naked is Torture and it’s a Crime” (LearnNigerianLaws.com, 16 February 2021) <https://sabilaw.org/stripping-suspects-naked-is-torture-and-its-a-crime/> accessed 23 May 2021
- Onyekachi Umah, “Can Police Punish Unlawful Protesters?” (LearnNigerianLaws.com, 15 February 2021) <https://sabilaw.org/can-police-punish-unlawful-protesters/> accessed 23 May 2021
- Onyekachi Umah, “When Can A Protest Become A Riot?” (LearnNigerianLaws.com, 6 November 2020) <https://sabilaw.org/when-can-a-protest-become-a-riot/> 23 May 2021
- Onyekachi Umah, “#EndSarsNow: Punishment For Police (SARS) Torture” (LearnNigerianLaws.com, 6 October 2020) <https://sabilaw.org/endsarsnow-punishment-for-police-sars-torture/> accessed 23 May 2021
- Onyekachi Umah, “#EndSarsNow: Nigeria Police Lacks Power To Punish” (LearnNigerianLaws.com, 7 October 2020) <https://sabilaw.org/endsarsnow-nigeria-police-lacks-power-to-punish/> accessed 23 May 2021
- Onyekachi Umah, “#EndPoliceBrutality: How To Sue the Nigeria Police Force and Police Officers” (LearnNigerianLaws.com, 14 October 2020) <https://sabilaw.org/endpolicebrutality-how-to-sue-the-nigeria-police-force-and-police-officers/> accessed 23 May 2021
- “Demand justice for Police Brutality in Nigeria” (Amnesty International) <https://www.amnesty.org/en/get-involved/take-action/nigeria-end-impunity-for-police-brutality-end-sars/> accessed 23 May 2021
- Onyekachi Umah, “Who Can Be Lawfully Killed In Nigeria?” (LearnNigerianLaws.com, 26 October 2020) <https://sabilaw.org/who-can-be-lawfully-killed-in-nigeria/ > accessed 23 May 2021
- Femi Falana, “Police Permit Not Required For Rallies in Nigeria” (Premium Times, 23 January 2014) <https://www.premiumtimesng.com/opinion/153860-police-permit-required-rallies-nigeria.html> accessed 23 May 2021
- Onyekachi Umah, “Can A Person With A Nigerian Flag Be Shot Or Killed?” (LearnNigerianLaws.com,23 October 2020) <https://sabilaw.org/can-a-person-with-a-nigerian-flag-be-shot-or-killed/ > accessed 23 May 2021
- Onyekachi Umah, “#EndPoliceBrutality: When & How Can Government Prohibit Protest In Nigeria?” (LearnNigerianLaws.com, 19 October 2020) <https://sabilaw.org/when-and-how-can-government-prohibit-protest-in-nigeria/ > accessed 23 May 2021
- Onyekachi Umah, “#EndPoliceBrutality: The Right To Protest Is A Human Right.” (LearnNigerianLaws.com, 15 October 2020) <https://sabilaw.org/endpolicebrutality-the-right-to-protest-is-a-human-right/ > accessed 23 May 2021
- Onyekachi Umah, “#EndPoliceBrutality: Do You Need A Police Permit To Protest?” (LearnNigerianLaws.com, 16 October 2020) <https://sabilaw.org/endpolicebrutality-do-you-need-a-police-permit-to-protest/> accessed 23 May 2021
- Onyekachi Umah, “Does The President/Governors Have Powers To Lockdown Any Part Of Nigeria Or Restrict Human Rights?” (LearnNigerianLaws.com, 31 March 2020) <https://sabilaw.org/does-the-president-governors-have-powers-to-lockdown-any-part-of-nigeria-or-restrict-human-rights-daily-law-tips-tip-537-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 23 May 2021
- Onyekachi Umah, “Human Rights That Can Never Be Restricted Even In War, Pandemic or State of Emergency (LearnNigerianLaws.com, 2 April 2020) <https://sabilaw.org/human-rights-that-can-never-be-restricted-even-in-war-pandemic-or-state-of-emergency-daily-law-tips-tip-539-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 23 May 2021
- Onyekachi Umah, “Duty of Government to Pay Compensation for Damages Caused By Riot.” (LearnNigerianLaws.com, 4 November 2020) <https://sabilaw.org/duty-of-government-to-pay-compensation-for-damages-caused-by-riot/> accessed 23 May 2021
- Onyekachi Umah, “Who Pays For Properties Damaged or Lost In A Riot In Nigeria” (LearnNigerianLaws.com, 6 August 2018) <https://sabilaw.org/daily-law-tips-by-onyekachi-umah-esq-tip-157-who-pays-for-properties-damaged-or-lost-in-a-riot-in-nigeria/ > accessed 23 May 2021
- Onyekachi Umah, “List of Fundamental Human Rights In Nigeria.” (LearnNigerianLaws.com, 22 October 2020) <https://sabilaw.org/list-of-fundamental-human-rights-in-nigeria/> accessed 23 May 2021
- Chris Admin, “Onyekachi Umah Speaks To ChannelsTv On SARS & The New Police Act” (LearnNigerianLaws.com, 9 November 2020) <https://sabilaw.org/onyekachi-umah-speaks-to-channelstv-on-sars-the-new-police-act/> accessed 23 May 2021
- Onyekachi Umah, “What Is The Punishment For Any Person Including Police Officers That Tortures Another Person” (LearnNigerianLaws.com, 18 December 2018) <https://sabilaw.org/daily-law-tips-by-onyekachi-umah-esq-tip-251-what-is-the-punishment-for-any-person-including-police-officers-that-tortures-another-person/> accessed 23 May 2021
- Onyekachi Umah, “Is Obeying “Orders From Above” a Defence for Torture in Nigeria” (LearnNIgerianLaws.com, 7 September 2019) <https://sabilaw.org/is-obeying-orders-from-above-a-defence-for-torture-in-nigeria-daily-law-tips-tip-409-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 23 May 2021
- Onyekachi Umah, “Being Present During Torture Without Participating In It, Is A Crime” (LearnNigerianLaws.com, 25 November 2019) <https://sabilaw.org/being-present-during-torture-without-participating-in-it-is-a-crime-daily-law-tips-tip-464-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 23 May 2021
- Onyekachi Umah, “New Punishment for Security Officers Involved in Torture in Nigeria.” (LearnNigerianLaws.com, 27 August 2017) <https://sabilaw.org/new-punishment-for-security-officers-involved-in-torture-in-nigeria-daily-law-tips-tip-401-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 23 May 2021
- Onyekachi Umah, “Watching Torture but not Participating in it, is Torture.” (LearnNigerianLaws.com, 19 November 2019) <https://sabilaw.org/watching-torture-but-not-participating-in-it-is-torture-daily-law-tips-tip-460-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 23 May 2021
- Onyekachi Umah, “Any Security Agency’s Manual/Protocol that Allows Torture Even for National Security Cases is Unlawful and its Officers are Liable.” (LearnNigerianLaws.com, 11 September 2019) <https://sabilaw.org/any-security-agency-s-manual-protocol-that-allows-torture-even-for-national-security-cases-is-unlawful-and-its-officers-are-liable-daily-law-tips-tip-412-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 23 May 2021
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