St*ipping And Fl*gging Of Workers In Nigeria.

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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).

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.

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://learnnigerianlaws.com/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.

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:
1. Sections 1, 2, 3, 14, 16, 17, 33 to 45, 318 and 319 of the
Constitution of the Federal Republic of Nigeria, 1999
2. Sections 1, 2, 6, 21, 91 and 92 of the Labour Act of 1971.
3. Sections 2, 7, 8, 13 and 14 of the Anti-Torture Act, 2017.
4. 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
5. 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
6. 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
7. Nigeria Literacy Rate 1991-2021
<https://www.macrotrends.net/countries/NGA/nigeria/literacy-rate>

8. Onyekachi Umah, “Details of State Offices of National Human
Rights Commission” (LearnNigerianLaws.com, 27 October 2020)
<https://learnnigerianlaws.com/details-of-state-offices-of-national-human-rights-commission/>
accessed 14 May 2021
9. Onyekachi Umah, “Places, Workers Cannot Be Paid Salaries In
Nigeria” (LearnNigerianLaws.com, 27 February 2019)
<https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-277-places-workers-cannot-be-paid-salaries-in-nigeria/
> accessed 23 May 2021
10. Onyekachi Umah, “It Is Illegal For Workers To Be Told Where And
How To Spend Salaries” (LearnNigerianLaws.com, 20 February 2019)
<https://learnnigerianlaws.com/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
11. Onyekachi Umah, “An Employment without a Written Employment
Agreement is an Offence” (LearnNigerianLaws.com, 30 April 2018)
<https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-91-an-employment-without-a-written-employment-agreement-is-an-offence/
> accessed 23 May 2021
12. Onyekachi Umah, “Fines And Deductions From A Worker’s Salary
Are Illegal” (LearnNigerianLaws.com, 15 July 2020)
<https://learnnigerianlaws.com/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
13. Onyekachi Umah, “Sacking Of A Private Sector Worker With Or
Without Reason” (LearnNigerianLaws.com, 8 May 2020)
<https://learnnigerianlaws.com/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
14. Onyekachi Umah, “Can Workers Be Paid Salaries With Relief
Materials And PPES?” (LearnNigerianLaws.com, 17 April 2020)
<https://learnnigerianlaws.com/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
15. Onyekachi Umah, “Duration Of Sick Leave With Pay In Nigeria”
(LearnNigerianLaws.com, 24 March 2020)
<https://learnnigerianlaws.com/duration-of-sick-leave-with-pay-in-nigeria-daily-law-tips-tip-532-by-onyekachi-umah-esq-llm-aciarbuk/
> accessed 23 May 2021
16. Onyekachi Umah, “Who Must Pay The Cost Of Medical Examination
Of All Workers In Nigeria” (LearnNigerianLaws.com, 23 March 2020)
<https://learnnigerianlaws.com/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
17. Onyekachi Umah, “List Of Things That Must Be In An Employment
Letter/Agreement” (LearnNigerianLaws.com, 28 January 2020)
<https://learnnigerianlaws.com/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
18. Onyekachi Umah, “Oral Employment Agreement Is Illegal In
Nigeria” (LearnNigerianLaws.com, 23 January 2020)
<https://learnnigerianlaws.com/oral-employment-agreement-is-illegal-in-nigeria-daily-law-tips-tip-489-by-onyekachi-umah-esq-llm-aciarbuk/
> accessed 23 May 2021
19. Onyekachi Umah, “DEDUCTION OF INTERESTS, DISCOUNTS AND SIMILAR
CHARGES FOR “SALARY ADVANCE” IS ILLEGAL” (LearnNigerianLaws.com, 20
September 2019)
<https://learnnigerianlaws.com/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
20. Onyekachi Umah, “WHEN IS IT ILLEGAL FOR A WORKER TO DEMAND OR
BE PAID “SALARY ADVANCE” (LearnNigerianLaws.com, 4 September 2019)
<https://learnnigerianlaws.com/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
21. Onyekachi Umah, “COMPULSORY PERIOD OF GRACE BEFORE EMPLOYER CAN
DEMAND RECOVERY OF SALARY ADVANCES IN NIGERIA”
(LearnNigerianLaws.com, 26 August 2019)
<https://learnnigerianlaws.com/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
22. Onyekachi Umah, “IT IS ILLEGAL TO PAY A WORKER MORE THAN 1
MONTH ADVANCE IN NIGERIA” (LearnNigerianLaws.com, 5 July 2019)
<https://learnnigerianlaws.com/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
23. Onyekachi Umah, “PLACES, WORKERS CANNOT BE PAID SALARIES IN
NIGERIA” (LearnNigerianLaws.com, 27 February 2019)
<https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-277-places-workers-cannot-be-paid-salaries-in-nigeria/>
accessed 23 May 2021
24. Onyekachi Umah, “IT IS ILLEGAL FOR WORKERS TO BE TOLD WHERE AND
HOW TO SPEND SALARIES” (LearnNigerianLaws.com, 20 February 2019)
<https://learnnigerianlaws.com/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
25. Onyekachi Umah, “CAN A WORKER/STAFF IN NIGERIA BE PAID IN KIND
INSTEAD OF WITH MONEY?” (LearnNigerianLaws.com, 9 November 2018)
<https://learnnigerianlaws.com/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
26. Onyekachi Umah, “It Is A Crime To Run Recruitment and
Employment Consultancy Services Without A License In Nigeria”
(LearnNigerianLaws.com, 17 August 2018)
<https://learnnigerianlaws.com/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
27. Onyekachi Umah, “An Employment without a Written Employment
Agreement is an Offence” (LearnNigerianLaws.com, 30 April 2018)
<https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-91-an-employment-without-a-written-employment-agreement-is-an-offence/>
accessed 23 May 2021
28. Onyekachi Umah, “An Alternative to Courts for Human Rights
Cases” (LearnNigerianLaws.com, 14 May 2021)
<https://learnnigerianlaws.com/an-alternative-to-courts-for-human-rights-cases/>
accessed 23 May 2021.
29. Onyekachi Umah, “Stripping Suspects Naked is Torture and it’s a
Crime” (LearnNigerianLaws.com, 16 February 2021)
<https://learnnigerianlaws.com/stripping-suspects-naked-is-torture-and-its-a-crime/>
accessed 23 May 2021
30. Onyekachi Umah, “Can Police Punish Unlawful Protesters?”
(LearnNigerianLaws.com, 15 February 2021)
<https://learnnigerianlaws.com/can-police-punish-unlawful-protesters/>
accessed 23 May 2021
31. Onyekachi Umah, “When Can A Protest Become A Riot?”
(LearnNigerianLaws.com, 6 November 2020)
<https://learnnigerianlaws.com/when-can-a-protest-become-a-riot/>
23 May 2021
32. Onyekachi Umah, “#EndSarsNow: Punishment For Police (SARS)
Torture” (LearnNigerianLaws.com, 6 October 2020)
<https://learnnigerianlaws.com/endsarsnow-punishment-for-police-sars-torture/>
accessed 23 May 2021
33. Onyekachi Umah, “#EndSarsNow: Nigeria Police Lacks Power To
Punish” (LearnNigerianLaws.com, 7 October 2020)
<https://learnnigerianlaws.com/endsarsnow-nigeria-police-lacks-power-to-punish/>
accessed 23 May 2021
34. Onyekachi Umah, “#EndPoliceBrutality: How To Sue the Nigeria
Police Force and Police Officers” (LearnNigerianLaws.com, 14
October 2020)
<https://learnnigerianlaws.com/endpolicebrutality-how-to-sue-the-nigeria-police-force-and-police-officers/>
accessed 23 May 2021
35. “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
36. Onyekachi Umah, “Who Can Be Lawfully Killed In Nigeria?”
(LearnNigerianLaws.com, 26 October 2020)
<https://learnnigerianlaws.com/who-can-be-lawfully-killed-in-nigeria/
> accessed 23 May 2021
37. 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
38. Onyekachi Umah, “Can A Person With A Nigerian Flag Be Shot Or
Killed?” (LearnNigerianLaws.com,23 October 2020)
<https://learnnigerianlaws.com/can-a-person-with-a-nigerian-flag-be-shot-or-killed/
> accessed 23 May 2021
39. Onyekachi Umah, “#EndPoliceBrutality: When & How Can Government
Prohibit Protest In Nigeria?” (LearnNigerianLaws.com, 19 October
2020)
<https://learnnigerianlaws.com/when-and-how-can-government-prohibit-protest-in-nigeria/
> accessed 23 May 2021
40. Onyekachi Umah, “#EndPoliceBrutality: The Right To Protest Is A
Human Right.” (LearnNigerianLaws.com, 15 October 2020)
<https://learnnigerianlaws.com/endpolicebrutality-the-right-to-protest-is-a-human-right/
> accessed 23 May 2021
41. Onyekachi Umah, “#EndPoliceBrutality: Do You Need A Police
Permit To Protest?” (LearnNigerianLaws.com, 16 October 2020)
<https://learnnigerianlaws.com/endpolicebrutality-do-you-need-a-police-permit-to-protest/>
accessed 23 May 2021
42. Onyekachi Umah, “Does The President/Governors Have Powers To
Lockdown Any Part Of Nigeria Or Restrict Human Rights?”
(LearnNigerianLaws.com, 31 March 2020)
<https://learnnigerianlaws.com/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
43. Onyekachi Umah, “Human Rights That Can Never Be Restricted Even
In War, Pandemic or State of Emergency (LearnNigerianLaws.com, 2
April 2020)
<https://learnnigerianlaws.com/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
44. Onyekachi Umah, “Duty of Government to Pay Compensation for
Damages Caused By Riot.” (LearnNigerianLaws.com, 4 November 2020)
<https://learnnigerianlaws.com/duty-of-government-to-pay-compensation-for-damages-caused-by-riot/>
accessed 23 May 2021
45. Onyekachi Umah, “Who Pays For Properties Damaged or Lost In A
Riot In Nigeria” (LearnNigerianLaws.com, 6 August 2018)
<https://learnnigerianlaws.com/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
46. Onyekachi Umah, “List of Fundamental Human Rights In Nigeria.”
(LearnNigerianLaws.com, 22 October 2020)
<https://learnnigerianlaws.com/list-of-fundamental-human-rights-in-nigeria/>
accessed 23 May 2021
47. Chris Admin, “Onyekachi Umah Speaks To ChannelsTv On SARS & The
New Police Act” (LearnNigerianLaws.com, 9 November 2020)
<https://learnnigerianlaws.com/onyekachi-umah-speaks-to-channelstv-on-sars-the-new-police-act/>
accessed 23 May 2021
48. Onyekachi Umah, “What Is The Punishment For Any Person
Including Police Officers That Tortures Another Person”
(LearnNigerianLaws.com, 18 December 2018)
<https://learnnigerianlaws.com/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
49. Onyekachi Umah, “Is Obeying “Orders From Above” a Defence for
Torture in Nigeria” (LearnNIgerianLaws.com, 7 September 2019)
<https://learnnigerianlaws.com/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
50. Onyekachi Umah, “Being Present During Torture Without
Participating In It, Is A Crime” (LearnNigerianLaws.com, 25
November 2019)
<https://learnnigerianlaws.com/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
51. Onyekachi Umah, “New Punishment for Security Officers Involved
in Torture in Nigeria.” (LearnNigerianLaws.com, 27 August 2017)
<https://learnnigerianlaws.com/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
52. Onyekachi Umah, “Watching Torture but not Participating in it,
is Torture.” (LearnNigerianLaws.com, 19 November 2019)
<https://learnnigerianlaws.com/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
53. 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://learnnigerianlaws.com/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
54.

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Daily Law Tips (Tip 796) by Onyekachi Umah, Esq., LL.M,
ACIArb(UK)

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