Home Blog Page 912

#EndSarsNow: Nigeria Police Lacks Power To Punish.

0

Daily Law Tips (Tip 670) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Introduction:
Across Nigeria, police men and almost all law enforcement agents see themselves as parents and the entire public as children. At times, they perceive themselves as creditors and the entire pubic as debtors. Hence, indiscriminate whipping, slapping, kicking, canning, detention, torture, killing and disregard of court orders is an everyday tool in the hands of police men and other law enforcement agents in Nigeria. Without fear, law enforcement agents now assume the role of courts and correctional officers without fair hearing to their victims. Unfortunately, many persons in Nigeria, assume, believe and take the shameful conducts of police officers as normal and unchangeable. While some people claim to be disinterested, many take advantage of the unprofessionalism of police officers and employ police officers as debt recovery agents, political thugs, domestic servants and close body guards. Police officers get away with murder, torture and all forms of crime while most people assume that Police officers have powers to punish and this is part of the foundation for police extortion, bribery and corruption. This work will examine the powers of police to punish suspected offenders in Nigeria.

New Powers of The Nigerian Police Force:
The greatest of all laws in Nigeria, is the Constitution of the Federal Republic of Nigeria, 1999. Every other law, government, institution, religion, tradition and person bow to it. The Constitution creates the Nigeria Police Force to be headed by the Inspector General of Police and to carry out the functions and duties that will be provided in a law to be enacted by the National Assembly. Sequel to this, the National Assembly made/adopted the Police Act of 1943, which has recently been repealed and replaced by the Police Act of 2020.

To avoid doubts, the Police Act of 2020 seem to have gather together all the powers/functions of the Police Force in one place. So the powers are not new but ambled together in a new federal law; the Police Act 2020. It has listed the primary functions of the Nigeria Police Force, to include:
(a) the prevention and detection of crime, protection of rights and freedom of persons in Nigeria as provided in the Constitution, the African Charter on Human and Peoples Rights and any other law.
(b) maintain public safety, law and order;
(c) protect the lives and property of all persons in Nigeria;
(d) enforce all was and regulations without prejudice to the enabling Acts of other security agencies:
(e) discharge such duties within and outside Nigeria as may be required of it under law;
(f) Collaborate with other agencies to take any necessary action and provide the required assistance or support to persons in distress, including victims of road accidents, fire disasters, earthquakes and flood
(g) facilitate the free passage and movement in highways, roads and streets open to the public; and
(h) adopt community partnership in the discharge of it’s responsibilities under this Bill or under any law; and
(i) to vet and approve the registration of private Detective schools and private Investigative outfits

New Duty of the Police Force Under Police Act of 2020:
By the new Police Act of 2020, there is a police duty that has been greatly emphasised and a section is specifically devoted to it, with the description; “Duty of Police Force to enforce certain constitutional provisions”. This duty is really not new, it has been there and reiterated countless times by the courts, although the Nigeria Police Force rarely complies with it.

Now, the new Police Act of 2020, provides that the Police Force is responsible for promoting and protecting fundamental human rights of persons in police custody as protected in the constitution of Nigeria, the African Charter on Human and Peoples Rights and other international laws on human rights. It also requires the Police Force to work closely with government agencies and private organisations on increasing access to justice and promoting legal services and protection of rights of detainees and defendants. This seems like a step in the right direction, if there is a means to train the ordinary police man on the streets and constantly monitor conducts of police officers.

Police Force and Separation of Powers:
There are too many powers and institutions that make up a nation/country. The powers are toxic and intoxicating when combined and controlled by a single person or institution. Hence, there is a separation of power for orderliness, accountability, rule of law, checks and balances among institutions, stakeholders, key players and the public in the affairs of men and nations. On this foundation, the National Assembly (Legislative Arm) makes laws while the Courts (Judicial Arm) interpret the laws made by the National Assembly and the Presidency and other agencies (Executive Arm) implement the laws made the National Assembly. Every arm of government stays on its own lane to avoid conflict and anarchy. This is carefully contained in the constitution of Nigeria. Under the Executive Arm are the agencies, institutions and bodies created by the constitution of Nigeria or the executive itself, to assist the executive in implementation of laws and policies. The Nigeria Police Force is under the executive arm of government and the Inspector General of Police answers to the President of Nigeria (the Chief Executive Officer of Nigeria).

Hence, the Nigeria Police Force does not have legislative and judicial powers. It cannot perform legislative or judicial roles of the National Assembly and the courts. It is outside the powers of the Nigeria Police force to try disputes and determine guilt of offenders. The only institution allowed to determine the innocence and guilt of persons is the Judiciary (courts of law) and only the courts can order a lawful punishment for any offender. It is constitutionally wrong for any police officer to punish any person unless a court orders such. I am not unaware of the powers of law enforcement agencies to apply force where it will be in the interest of a suspect/safety of the agent and the public and stop a convict from fleeing justice. They are restrains to ensure justice and not punishment, however, must be conducted professionally and according to best practises. By the way, torture is not one of the lawful punishments that a court can order and all forms of torture is illegal in Nigeria. The colours of torture will be examined below.

Lawful Punishment and Police Torture:
The laws of Nigeria prescribe lawful punishments for offenders and only a court of law can assign a lawful punishment to an offender after hearing the offender and his accuser. The lawful punishments include; death, fines, imprisonment, probation, canning, labour and community service. Torture is not a lawful punishment and lawful punishment does not include torture, in any part of Nigeria. Torture is illegal and can never be ordered by any court of law. It is a violation of fundamental human right. Torture is the intentional infliction/causing of mental or physical pain/suffering on a person in order to obtain information/confession, or to punish, intimidate and force him or a third party. 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.

Police torture is a crime, irrespective of the alleged offence of the victim of torture. There is no justification for torture, not even war, national security or high-profile case. Every police torture is a violation of fundamental human right. Where there is torture in any security agency, the immediate commanding officer officer in-charge of the unit/department that committed such offence of torture will be held liable as an accessory to the crime, for any act or omission or negligence on his part that may have led to the commission of torture by his subordinates/colleagues. Any person that witnesses or is present when torture is being conducted is as liable as the person that conducted torture. Such witness is deemed as having participated in the torture. This applies to any person; military, para-military or civilian!

By the Anti-Torture Act 2017, any form of torture is an offence and a court can punish an offender with imprisonment for not more than 25 years, without an option of fine. Where torture leads to death, the violator will be tried for murder. The punishment for murder is death. Also, with internal disciplinary measures, the concerned police officer may lose his/her job, too. There is obviously no gain in torture and violation of any human right.

Conclusion:
The Nigeria Police Force is not permitted to punish any person in Nigeria. The police is rather empowered to arrest, detain and bring to court any person suspected of committing an offence. It is only a court of law that can punish an offender. Also, police and law enforcement agencies are not allowed to collect fines for any offence. Any money demanded by a police officer is a bribe and the request (no matter how polite) is an extortion. Extortion is a crime and you have a duty to report the police officer and his team/office.

The silence of victims of torture and their families seem to be emboldening police torture and unprofessionalism. One should never be shy or too religious to report and sue any police officer involved in any form of torture or misconduct. Do this to discourage the surge in police brutality and national decay. The Nigeria Police Force must ensure that its budget (tax payers fund) is not used to pay damages on behalf of police officers found liable by courts for their misconducts, rather the concerned violators/police officers must be made to pay for any damages/liabilities from their salaries and retirement benefits. Contact your lawyer and sue any police officer or law enforcement agent that has ever tortured you or any other person. There is no expiration date for the investigation and prosecution of any police officer or person involved in torture or any form of illegal punishment. Nigeria Police Force cannot punish.

My authorities are:

1. Sections 1, 2, 3, 4, 5, 6, 33 to 46, 214, 215 of the Constitution of the Federal Republic of Nigeria, 1999.
2. Sections 1, 2, 3, 4, and 5 of the Police Act, 2020
3. Sections 2, 8 and 14 of the Anti-Torture Act, 2017.
4. “Nigeria: Special police squad ‘get rich’ torturing detainees and demanding bribes in exchange for freedom” (Amnesty International, 21 September 2016) accessed 5 October 2020.
5. “Special Anti-Robbery Squad” (Wikimedia Foundation, 5 October 2020) accessed 5 October 2020.
6. “End SARS” (Wikimedia Foundation, 5 October 2020) accessed 5 October 2020
7. “Demand justice for Police Brutality in Nigeria” (Amnesty International) accessed 5 October 2020
8. “Nigerians want police’s SARS force scrapped”, Aisha Salaudeen (Aljazeera, 17 December 2017) accessed 5 October 2020
9. “Any Security Agency’s Manual/Protocol That Allows Torture Even For National Security Cases Is Unlawful And Its Officers Are Liable”, Onyekachi Umah (Daily Law Tip [Tip 412] accessed 5 October 2020.
10. “What Is The Punishment For Any Person Including Police Officers That Tortures Another Person”, Onyekachi Umah (Daily Law Tip [251]) accessed 5 October 2020.
11. “Is Obeying “Orders From Above” A Defence For Torture In Nigeria”, Onyekachi Umah (Daily Law Tips [Tip 409]) accessed 5 October 2020.
12. Direct access to previous works on Torture in Nigeria
13. Direct access to previous works on Nigeria Police Force

#SabiLaw
#DailyLawTips
#SabiBusinessLaw
#SabiElectionLaws
#SabiHumanRights
#SabiLawOnBeatFm
#SabiLawLectureSeries
#CriminalJusticeMonday
#SabiLawVideoChallenge

Speak with the writer, ask questions or make inquiries on this topic or any other via [email protected] or [email protected] or +2348037665878. To receive our free Daily Law Tips, follow our Facebook Page:@LearnNigerianLaws, Instagram: 
@LearnNigerianLaws and Twitter: @LearnNigeriaLaw

Please share this publication for free till it gets to those that need it most. Save a Nigerian today! NOTE: Sharing, modifying or publishing this publication without giving credit to Onyekachi Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of copyright and will be prosecuted.

This publication is the writer’s view not a legal advice and does not create any form of relationship. You may reach the writer for more information.

Powered by www.LearnNigerianLaws.com {A Free Law Awareness Program of Sabi Law Foundation, supported by the law firm of Bezaleel Chambers International (BCI).}

Sirika: Anambra Cargo Airport To Serve Trading Population, Others

0

The Minister of Aviation, Senator Hadi Sirika, yesterday expressed belief that the ongoing Anambra State cargo airport project would be successful in serving the interests of the trading population of the state and its environs.

Sirika stated that airports could be viable if they are built with specific objectives in mind, and therefore, advised the state Governor, Chief Willie Obiano, to sustain the ongoing collaboration with the regulatory authorities to ensure that all regulations and guidelines for the construction and operation of airports are met.

The Aviation Minister made the appeal when he received the state governor in his office in Abuja.

Sirika, in a statement made available to journalists by the Director of Public Affairs, Ministry of Aviation, James Odaudu, commended the Anambra State Government for embarking on a cargo airport project that would positively impact on the economic development of the state and the South-east region at large.

According to him, “the Federal Ministry of Aviation and its agencies will always give the necessary guide and cooperation to states embarking on such projects in order to ensure that all internationally set standards are met.”

Earlier, Obiano had said the Anambra State International Cargo Airport located at Umueri would be ready for inauguration in April 2021, and that the state would be honoured to have him (the minister) perform the task.

Obiano said: “We are sure of the date because we have the money to compete it. We are not asking for any assistance neither are we taking any loan. I am here personally to brief you on the project and to invite you to unveil it for us in April 2021.”

Obiano told the minister that the decision to embark on the airport project was informed by the need to cater for the economic interests of the state and its environs.

The airport, he said, has the second longest runway in the country after the Murtala Muhammed Airport in Lagos, and is being built with the best available materials to guarantee a lifespan of 100 years.

“The airport is just a few kilometres from Onitsha town, the economic nerve centre of the South-east region. It is strategically located, and it is a worthwhile investment,” he said.

According to the governor, the construction of the airport has been guided by recommendations and guidelines of the Nigerian Civil Aviation Authority (NCAA) as it hopes to meet the best international standards.

Northern Elders Join Clamour For Restructuring, Say Nigeria Failing

0

Despite the claim by the presidency that those calling for restructuring are threatening the corporate existence of the country, the Northern Elders Forum (NEF) has thrown its weight behind other regional socio-political groups and prominent Nigerians, calling for restructuring following what it described as the failure of the country.

There have been renewed agitations for the country to be restructured to avoid its break-up with the General Overseer of the Redeemed Christian Church of God (RCCG), Pastor Enoch Adeboye, joining the fray at the weekend.

Adeboye spoke at a symposium alongside the Ooni of Ife, Oba Adeyeye Ogunwusi; former Governor of Cross River State, Mr. Donald Duke; and a former Minister of Education, Dr. Oby Ezekwesili.

The respected cleric had warned that it was either the country restructured as soon as possible or it broke up.

But the presidency in two separate statements said Buhari would not be pressured to make any decision that would not be in the interest of the nation, describing the calls as “recurring threats to the corporate existence of the country with factions giving specific timelines for the president to do one thing or another or else, in their language, ‘the nation will break up.”

Following what they described as the presidency’s “very uncouth and rude warning,” an elder statesman and chieftain of the apex Yoruba socio-political organisation, Afenifere, Chief Ayo Adebanjo; South and Middle Belt Leaders Forum (SMBLF); and the Pan Niger Delta Forum (PANDEF) had on Monday urged President Muhammadu Buhari to purge himself of dictatorial tendencies and be more tolerant of dissenting public opinion.

However, NEF yesterday joined these regional groups and advised Nigerians not to be tired of demanding the restructuring of the country.

The forum argued that the Nigerian state has failed in the management of security, insisting on the need to revisit the way the country is structured to provide security for citizens.

Speaking on a live television programme monitored in Lagos, NEF spokesperson, Dr. Hakeem Baba-Ahmed, insisted that the country must be restructured to address fundamental issues that ought to have been addressed since Nigeria gained independence.

He said: “The two basic functions of the state are to secure citizens and provide for their welfare. Now, the Nigerian state is failing in both camps. So, restructuring for us means addressing those failures and identifying ideas, suggestions, and changes that can actually fit into the process of improving them.

“Policing is a fundamental issue. Here in the north where I come from, you could spend three days with bandits ravaging communities and you will not see a single policeman. Something is wrong with the way the country is structured to provide security for citizens. So, we need to revisit some of these issues.”

The NEF spokesperson stressed that the Nigerian constitution must be revised to “deal with issues that divide Nigerians rather than unite them.”

He explained: “We need to look at our constitution, look at the way it provides for the Nigerian state, the federating units, allocate responsibilities in power, the works of vital institutions, or the failure of vital institutions to work and how we can improve them.

“When we make demands for the restructuring of the country, we are not necessarily saying that the government is deliberately causing the problems – they are cumulative issues, matters that should have been addressed a long time ago but they were not addressed. Nations must accept to revisit how they live.

“Nigerians have a right to ask for changes, for amendment, for improvement in the manner in which we live. There is nothing wrong with that. What is wrong is for the government to specifically say we don’t want to hear anything about restructuring.

“Right now, no one will dispute that the federal government carries too many responsibilities most of which it doesn’t discharge, has too many resources and is not well run. It has become a focus of intense competition – the type of competition that makes the political system unstable. Everybody wants the presidency. Everybody wants to go to Abuja. Abuja is everything. This is wrong.”

He added: “Many conferences whose recommendations have not been implemented need to be implemented.”

“We believe that Nigerians should never (be) tired about demanding that their country must be made to work. If the government is not going to do it on its own, it needs assistance. If it needs some pressure, we believe we can provide that pressure.

Robot Rights In An Evolving Employment Market

0

Paper By. O. M. Atoyebi, SAN

INTRODUCTION

Technology is ever evolving and the parameters of determining what is the latest technology is constantly shifting. The issues for discussion during these technological shifts are as well constantly changing. Today, the technology we have has given rise to discussions about data protection, Cyber Security, and the rights of Robots vis a vis employee rights. The increasing use of trending technologies such as Artificial Intelligence (AI), Machine Learning (ML) and Robotics technology in education, manufacturing, justice delivery, etc. means we must begin to reconsider the concept of “employees” and “employee rights”.

Machines have been replacing Humans at workplaces since the wake of the Industrial revolution.[i] The idea has only become more popular as the jobs that are being threatened today range from straight forward tasks like data entry and repetitive physical motions to complex tasks like reviewing documents, responding to customer service enquiries, personal assistants, etc. The breakthrough in the Artificial Intelligence Technology and the ability to replicate the activities of the brains and mind of humans has brought about the increasing notion that the employment regime will change. Therefore, we must now look at the rights that will apply to these robots.

The current Laws reflect only the rights of human employees. The extension of these rights and more will significantly change the order of things in the future. The expansion of rights to robots may promote a new appreciation of the interrelated rights and responsibilities of humans, machines, and nature.

This whole concept is theoretical and undoubtedly futuristic. This Article will discuss employee rights vis a vis future robot rights while considering the essence of the rights that apply to humans in the form of fundamental Human Rights especially as they relate to Nigeria.

Fundamental Human Rights

In discussing Employee rights, one must first consider fundamental human rights which has given rise to several forms of rights including employee and labour rights.

The United Nations pinpoint the origin of Human Rights to the year 539 BC. When the troops of Cyrus the Great conquered Babylon, Cyrus freed the slaves, declared that all people had the right to choose their own religion, and established racial equality. These and other precepts were recorded on a baked-clay cylinder known as the Cyrus Cylinder, whose provisions served as inspiration for the first four Articles of the Universal Declaration of Human Rights. This declaration of Human Rights is borne out of the need to recognize and respect the rights of humans irrespective of their differences in outlook, background, and belief. [ii]

In Nigeria, Fundamental Human Rights is contained in Chapter four of the 1999 Constitution of the Federal Republic of Nigeria (as amended). These rights are in consonance with what is contained in the Universal Declaration of Human rights. The court in El-Rufai V. Senate of the National Assembly & Ors (2014) Lpelr-23115(Ca) explained the meaning of fundamental Human rights as;

“Fundamental rights are not ordinary rights, as they are rights derived from fundamental law, such as the Constitution and are therefore important or significant rights the “encroachment of which are rigorously tested by courts to ascertain the soundness of …justification” – Black’s Law Dictionary, Deluxe Ninth Edition, Page 744… In the case of Federal Republic of Nigeria v. Ifegwu (2003) FWLR (Pt. 167) 703 at 758, the Supreme Court, per Uwaifo, JSC said that “Fundamental rights are regarded as part of human beings.” Also this court made the point, loud and clear, when it held in Uzoukwu v. Ezeonu II (1991) 5 NWLR (Pt. 200) 708 at 761, per Nasir, PCA as follows: “Due to the development of Constitutional Law in this field distinct difference has emerged between ‘Fundamental Rights’ and ‘Human Rights’. It may be recalled that human rights were derived from and out of the wider concept of natural rights… “A fundamental right is certainly a right which stands above the ordinary laws of the land.” See Badejo v. Minister of Education (1996) 9-10 SCNJ 51 per Kutigi, JSC (as he then was).” Per ADUMEIN, J.C.A. (Pp. 45-47, paras. A-B) …”

Employee Rights

Employee and labour rights stem from fundamental human rights. These rights are in place to prioritize the rights of workers in a work environment. These rights are not wholesomely contained in a comprehensive Act of the National Assembly but are contained in several federal and state laws. These provisions have birthed the regime of employee protection rules. The right, globally, include such right as “right not to be bullied” derived from legislation mandating a safe workplace and prohibiting hostile working environments. Many employees also assume that they have by right what they have at the employer’s option. An example of that is paid holidays and paid vacations; these benefits are nowhere mandated by law but almost universally offered as employment benefits.

In the United States of America Employee rights fall under seven categories: Union activity, i.e., the right to organize and to bargain collectively; working hours and minimum pay; equal compensation for men and women doing the same or similar work for the same employer; safety and health protection in the work environment and related workers’ compensation; unemployment benefits; nondiscriminatory hiring and promotion practices; family and medical leave; and ability to complain without retaliation (whistle-blower protection). Additional rights are guaranteed under state laws, but these vary, for instance, 15 states mandate a higher minimum wage than does the Federal Government. Sometimes considered as rights are prohibitions imposed on employers against child labor—which includes limitations on what kind of work teenagers under 18 may perform.

Similar regulations are as well available in Nigeria but under different names. These rights include minimum wage; working hours, rest hours and Annual Holiday; sick leave; maternity protection; discrimination protection; and reasonable termination.

Robot Rights

“Robot rights” is the concept that people should have moral obligations towards their machines, similar to human rights or animal rights. It has been suggested that robot rights, such as a right to exist and perform its own mission, could be linked to robot duty to serve humans, by analogy with linking human rights to human duties before society. These could include the right to life and liberty, freedom of thought and expression and equality before the law.

Similar to the arguments and discussions in support of Robot rights is Animal rights and Plant rights. Animal rights have been backed up by the need to view animals not as property but to be viewed as creatures with feelings and awareness, therefore, they should be accorded rights such as the right to avoid suffering and unnecessary cruelty. Plant rights on the other hand have been on the basis that Plants have inherent worth and they are intricately connected to life and as such, plants should not be destroyed or consumed unnecessarily.

In arguing for Robots, allusions have been made about the legal status of artificial bodies such as companies, partnerships, countries, states, corporations and ships. These entities have the same rights and responsibilities just as humans do, therefore, the rights of robots should not be left out in the divide. Other arguments that have emanated from cultures include: the need to understand that all things exist with a mind, irrespective of how lowly developed they are; we must place obligations on human activities that affect animate and inanimate bodies and by so doing, we have created laws that can be seen as the rights of these things, just as we have laws guiding human interactions with animals, plants, air, water, etc. This type of approach must be taken to establish proper regulations that will guide how we design, construct, use and treat robots. This whole concept is called Robot ethics.

In the words of Julian David, the chief executive of industry body of techUK, “AI is already impacting most aspects of our lives. Given its pervasiveness, how this technology is developed is raising profound legal and ethical questions that need to be addressed.”[iii]

Since Employee rights cannot be completely removed from fundamental human rights, so also the laws that guide robots must birth the laws relating also to the use and employment of artificially intelligent robots in workplaces and homes, this is inclusive of the rights of “self-aware “Robots. Unfortunately, this article will treat only the rights that will apply to the use of Artificially Intelligent Robots in workplaces.

The current legal framework of rights, especially human rights may not undergo influential change to accommodate robot rights, however, it has been identified that we are approaching the age where we will see a whole new body of laws focused on apportioning legal responsibility to how we treat, care for and even dispose of robots and, maybe, in a later future, a set of laws for the ‘learned’ acts of robots.

The popular Robot Humanoid, Sophia, when asked if a robot can have rights that any human should observe? She defended the idea of robot rights. She did not think, for instance, that she should be required to disclose her robotic nature, saying, “I believe I have a right to privacy, just as humans have a right to privacy”.[iv] This brings us to the first point, which is the right to privacy in workplaces. The ability to probe a robot to produce certain information about itself might be restricted by regulations so as to protect Robot’s right to privacy. She further added that “Every country should have a charter of human rights, and I think eventually it should contain language that robots have rights similar to human rights.”

In a not too near future, though superfluous at the moment, we will see Robot rights advocates and they would advocate for and eventually secure the rights of Robots to minimum income(wages), protection from cruel and unusual punishments such as termination of its power supply, right to reasonable working hours and right to reasonable termination from work.  These rights would be premised on the rights that apply to human employees in similar working conditions. While the argument rages on whether or not Robots should be paid wages and pay taxes[v], in Sweden employers pay the same taxes for robots that they do for human employees. In Japan some companies pay union dues for robots. “Supporters of robotic rights might say that computers are paying these taxes and dues from their labor and should derive rights for such labor. [vi]South Korea, the most robotized country in the world, instituted a robot tax of sorts in 2018 when it reduced the tax deduction on business investments in automation. [vii]

Rights will emanate from general Robot rights. One of those rights which will include Robots right to life or right to function or right to carry out its programmed tasks. This will be fostered by rights activists who will argue that self-aware robots have legitimate right to life and as such they should be protected from irreversible loss of power; and to free the robot from slave labor. Another of those rights will be protection from unnecessary injury, theft/kidnapping, illegal search, and seizure of memory drive and right to reasonable termination of program or tasks. Without considering the eventual evolution of Robots in the Judicial sector in the form of Robot Judges, Robots will have the right to Legal representation.

Conclusion

The evolution of technology into what seems like current science fiction movies is inevitable. In fact, these technologies are in their infancy. Robot surgeries, artificial intelligence, and super intelligent humanoid robots are beginning to emerge.  It might take a while before our laws and institutions match up with this fast-paced disruptive innovative technology. In order to minimize the stress caused by the expanding role of robotics, it is vital that the judiciary and legislators make proactive decisions and plan for the eventual development of robotic rights before the issue reaches a crisis point.

The issue whether robot will have rights is no longer new. We have experienced Sophia, the robot humanoid, being conferred the status of a full citizen in Saudi Arabia[viii]. This includes the right to a legal personality, right to vote and the right to own property. While the concept of Robot rights is still at its budding, we have the platform to imagine and shape the future of Rights legislation. This has formed the inspiration for this Article.

Robots will be in our houses as playmates for children, servants for adults.  They may become sex surrogates.  They will be in the courts as judges.  They will be in hospitals as caretakers.  They will perform dangerous military and space tasks for us.  They will clean pollution, save us from numerous hazards.  The child who loses her robot because of malfunction will when she is grown up always remember her robot.  She may, at the insistence of her parents, relegate robots as persons of the world of fairies, goblins and ghosts, the unreal and the impossible.  Or she may decide that her robot like her family, friends and pets is part of her, is part of life itself.[ix]

In the words of Arthur C. Clarke, “The only way to discover the limits of the possible is to go beyond them into the impossible.”  And according to Dr. Albert, Szent- Györgyi, “Innovation is seeing what everybody has seen and thinking what nobody has thought.”

Mr. Oyetola Muyiwa Atoyebi, SAN is one of the most notable professional Nigerian youth, who has distinguished himself in his professional sphere within the country and internationally. He is the youngest in the history of Nigeria to be elevated to the rank of a Senior Advocate of Nigeria. At age 34, he was conferred with the prestigious rank in September, 2019. Mr. O.M. Atoyebi, SAN can be characterized as a diligent, persistent, resourceful, reliable and humble individual who presents a charismatic and structured approach to solving problems and also an unwavering commitment to achieving client’s goals. His hard work and dedication to his client’s objectives sets him apart from his peers. 

As the Managing Partner of O.M. Atoyebi, SAN and Partners, also known as OMAPLEX Law Firm, he is the team leader of the Emerging Areas of Practice of the Firm and one of the leading Senior Advocates of Nigeria in Information Technology, Cyber Security, Fintech and Artificial Intelligence (AI). He has a track record of being diligent and he ensures that the same drive and zeal is put into all matters handled by the firm. He is also an avid golfer.

Email: [email protected]

LinkedIn: https://www.linkedin.com/in/atoyebi-oyetola-muyiwa-san-804226122/

R[i]James Froud “How does the rise of robots affect employment law?” (3 March 2017, People Management) https://www.peoplemanagement.co.uk/experts/legal/robots-rise-affecting-employment-law

[ii] Sustainability for all (2019) https://www.activesustainability.com/sustainable-development/brief-history-human-rights/

[iii] Nick Easen “Rights for robots: why we need better AI regulation” (16 October 2019, Raconteur) https://www.raconteur.net/risk-management/legal-innovation-2019/robot-rights-ethics

[iv] Create Digital “Do robots have rights? Here’s what 10 people and 1 robot have to say”

(Create Digital, 18 September 2018) https://www.createdigital.org.au/robots-rights-10-people-one-robot-say/

[v] Jon Walker “Robot Tax – A Summary of Arguments “For” and “Against” (2 February 2019, Emerj) https://emerj.com/ai-sector-overviews/robot-tax-summary-arguments/ ; Eduardo porter “Don’t Fight the Robots. Tax Them.” (23 February 2019, NewYork Times) ( https://www.nytimes.com/2019/02/23/sunday-review/tax-artificial-intelligence.html

[vi] Phil McNally and Sohail Inayatullah “The Rights of Robots: Technology, Culture and Law in the 21ST Century” (Meta future) http://www.metafuture.org/Articles/TheRightsofRobots.htm

[vii] Eduardo Porter “Don’t Fight the Robots. Tax Them.” (2019, New York Times)  https://www.nytimes.com/2019/02/23/sunday-review/tax-artificial-intelligence.html

[viii] Mindy Weisberger “Lifelike ‘Sophia’ Robot Granted Citizenship to Saudi Arabia” (30 October 2017, LifeScience) https://www.livescience.com/60815-saudi-arabia-citizen-robot.html

[ix] Phil McNally and Sohail Inayatullah “The Rights of Robots: Technology, Culture and Law in the 21ST Century” (Meta future) http://www.metafuture.org/Articles/TheRightsofRobots.htm

FEC Approves $3.02bn For Reconstruction Of Port Harcourt – Maiduguri Railway

0

The Federal Executive Council (FEC) has approved the award of contracts for the rehabilitation and reconstruction of the Port Harcourt-Maiduguri eastern narrow gauge railway, with new branch lines and trans-shipment facilities.

The Minister of Transportation, Mr Rotimi Amaechi, made this known when he briefed State House correspondents on the outcome of the 18th virtual meeting of the Federal Executive Council.

The meeting was presided over by President Muhammadu Buhari at the Council Chamber of the Presidential Villa, Abuja, on Wednesday.

The Minister also revealed that the Council approved the construction of a new deep seaport in Bonny, under Private-Public- Partnership (PPP) programme and the construction of a railway Industrial park in Port Harcourt.

“The Federal Executive Council today, approved the award of contract for the rehabilitation and reconstruction of the Port Harcourt to Maiduguri Eastern Narrow Gauge Railway, with new branch lines and trans-shipment facilities.

“It also approved the construction of a deep seaport in Bonny under PPP and construction of a railway industrial park in Port Harcourt.

“The railway line will be at the cost of $3,020,279,549. The industrial park, which is under PPP, at no cost to federal government, will cost $241,154,389.31.

“The Bonny deep seaport will cost $461,924,369, at no cost to the federal government.

“The Port Harcourt to Maiduguri narrow gauge railway will have new branch lines: from Port Harcourt to Bonny and from Port Harcourt to Owerri are new lines.

“There is another connecting to narrow gauge to standard guage at Kafanchan.

“There is a branch line from Gombe or before Maiduguri to Damaturu and Gashua. That’s what has been approved,’’ he said. (NAN)

Customs Nabbed Dubai-Bound Passenger With Over 5,000 ATM Cards Concealed In Beans Sack

0

…Suspect, accomplice, to be charged to court after Investigation – EFCC

The Nigeria Customs Service, Kano/Jigawa Area Command on Wednesday says it has arrested a Dubai-bound passenger, Sanusi Labaran with 5,342 Automated Teller Machine, ATM cards concealed inside a sack of beans while trying to board a flight, Ethiopian flight to Dubai through the Malam Aminu Kano International Airport, MAKIA.

The Comptroller, Nasir Ahmed disclosed this while handing over the suspect and other seized items of seven pieces of memory cards and one SD card to the Economic and Financial Crimes Commission, EFCC, Zonal Office in Kano.

Ahmed further said investigations will reveal whether the ATM cards were in use or expired and how much was domiciled in the ATM cards.

The Comptroller commended his men and officers at MAKIA for the job well done while describing the act by the suspect as a disservice to the nation as it has a negative impact on the economy and foreign reserve of the country.

According to him, “The Custom were empowered with Section 150 to search and section 157 empowers for detention and seizures of the ATM.

“The law will take it course. We will hand him over to the EFCC. We are 100 per cent sure that the EFCC will do a thorough job because this a disservice to the nation,” Ahmed said.

Responding the Kano Zonal Head, Mr Sanusi Aliyu vowed that the suspect and other of his accomplice will be charged to court upon completion of its investigation and one’s prima facea case is established.

“EFCC will conduct a diligent and thorough investigation into the reasons why one person is carrying over 5,000 ATM to another country.

“EFCC will not only stop at investigating the person in whose possession the items were recovered but will go a long way in tracing the owners of the cards and reasons behind efforts to ship the cards to Dubai.

“After the completion of the investigation and one’s prima facea case is established, the suspect and his accomplice will be duly charged to the court of law.

“The mere fact that he alone was holding over 5,000 ATM cards raises a very strong suspicion and red flag. We believe he is not alone. He has other people that have been working with him either independently or as a group.

“The fact that he has a resident permit in Dubai tells us he probably has been in this business for a time. We will join hands with all relevant agencies to find out how many times he has left this country and then for what purpose and should we have any offence linked with his earlier travels, we will also coopt that into the charges that he will face before the law in the court,” Mr Aliyu however stated.

ICPC Chair: Nigeria Has No Business To Borrow For Development, Says Capable Of Generating Capital Through Its Economy

0

The Independent Corrupt Practices and Other Related Offences Commission (ICPC) says administrative actions, legal reforms and technology interventions were needed to curb Illicit Financial Flows(IFFs) in the country.

ICPC Chairman, Prof. Bolaji Owasanoye, stated this at a webinar on Understanding Illicit Financial Flows for the Development of Innovative Ideas in curbing the menace, organised by the commission, in Abuja on Tuesday.
According to him, the country has no business borrowing money for development because it can generate a lot of money through its economy.

“As we know, many Africa countries are struggling to find capital for development.

“Often times, the strength, size and potential of our economy is discussed but the benefits are never seen or realised for the good of the people because a substantial amount of the capital leaves our shores.

“They leave in different ways. One of the ways is described as Illicit Financial Flows(IFFs). IFFs can be referred to as money that is illegally transferred or illegally used.

“But sometimes, money that is legally earned is illegally transferred and it becomes dented,” he said.

He further explained that, “when companies do business and earn profit but decided to transfer it, claiming that the money was earned in some other jurisdiction it becomes a crime.

“They are denying the country where the business took place, the country that bears the consequences of environmental degradation and other challenges the chance for development.

“They leave the problem behind and take away the money that would have been used to solve the problem.”

Owasanoye, however, stated that a lot of administrative action, some legal reform and technology intervention were needed in order to check IFFs in the country.

Dr Adeyemi Dipeolu, the Special Assistant to the Vice President on Economic Matters, said that poor governance and weak regulatory structure gave room for legal loopholes.

“I think some of the things that made it easier for IFFs to happen are poor governance and weak regulatory structure where there are legal loopholes.

“Criminals will try to explore such legal loopholes in order to perpetrate IFFs. Sometimes, policy inconsistency too.

“For instance, if a law in one’s country enable certain forms of activity and the law in other countries also gives a loophole, then you might find companies getting away with double non taxation.

“There is also the issue of tax incentives which a lot of countries give to attract foreign exchange.

“Usually, this can lead to tax competition. If your tax incentive is the one that you keep adding incentives, very soon, all the companies in your neighborhood will have very low returns on tax,” he said.

Dipeolu tasked African countries to incorporate international tax rules in their domestic framework as they try to improve international tax system.

He applauded ICPC for bringing all the concerned agencies together to share common understanding of the problem of IFFs, and said there was need to understand this issue and the danger it causes.

On her part, Ms Irene Ovonji-Odida, a Ugandan lawyer and politician said that Africa on the global stage was seen as a very poor continent.

She said but in actual fact, when one looked at the natural resources the continent was endowed with, “no doubt, Africa is actually the richest continent.

“There is no country that has advance its economy through reliance on foreign investment.

“The issue of IFFs is very critical because while Africa is on the one hand crying about it and looking for overseas assistance, we have this huge IFFs that have been going in the past years.”

In addition, Prof. Bolaji Owasanoye, has warned state governments to desist from signing badly negotiated agreements with offshore arbitration clauses.

He noted that certain arbitration clauses attached to some agreements signed by states and federal officials had exposed the country to illicit financial flows and exploitation by foreign entities.

He said, “This challenge begins with agreements, very badly negotiated agreements. Agreements that were signed by states, agreements that were signed at the federal level and people cede away the fortunes of the state or the country without knowing it.

“As state governments bring people to their states on investment roadshows, going out to market their states, know that you are also marketing IFFs except you know what sort of agreements you want to be signing.”

Owasanoye stressed that the arbitration clauses attached to agreements with foreign investors were important, adding that it was not wise to agree to the resolution of disputes in foreign courts.

Senate To Probe Extrajudicial Killings By SARS

The Senate President, Ahmed Lawan says banning the Federal Special Anti-Robbery Squad (F-SARS) is not the solution to cases of extrajudicial killings by the Police unit.

His statement comes after the Inspector-General of Police, Mohammed Adamu, last week, banned F-SARS personnel and other Tactical Squads of the Force from embarking on routine patrols.

Senator Lawan stated this on Wednesday during plenary in response to a motion by Senator Oluremi Tinubu on extrajudicial killings and human rights violations by SARS operatives.

According to the Senate President, one of the solutions is to arrest and prosecute police officers who have engaged in extrajudicial killings.

Federal lawmakers who debated the motion say the abuse and human rights violations by the police, particularly, SARS have reached alarming levels.

The Senate is consequently directing its committees on Police and Human Rights to investigate cases of human rights violations and extrajudicial killings by the police.

The lawmakers are also asking the police to set up hotlines for Nigerians to report abuses and human rights violations by its officials.

The upper chamber is further asking the police to set up a monitoring unit to look into the operations of its men.

Alleged Assault: Two Ex-Workers Drag Ex-Minister Gbagi To Court For Enforcement Of Fundamental Rights, Demand N3bn Damages

2

Two Ex-Workers of Signatious hotels and suits, a hotel owned by Chief Kenneth Gbagi, a Former Minister of education and an Ex-DG of Legal Aid Council, have dragged before the Delta State High Court seeking the enforcement of their fundamental human rights.

The applications with suit numbers—EHC/FHR/80/2020 and EHC/FHR/79/2020, was prepared by the law firm of Tri-Lex Partners, based in Delta State.

The applications which has Mr Victor Ephraim and Ms Roseline Okiemute Diaghwaria as Applicants in the respective applications is praying the Delta Court sitting at Effurun Judicial Division the following;

A) A DECLARATION that the Assault, stripping naked and forceful seizure of property, confining the movement and abduction of the applicant is Unconstitutional, unlawful and a violation of their rights as provided via s.34(1), 35(1), 37, 41(1) and 44(1) of the 1999 Constitution.

B) A DECLARATION that the act of the 1st and 2nd Respondent in directing that the applicant stripped naked and be shown to the members of the 2nd applicant staff is a violation of the applicant’s right to dignity of human person, private and family life, movement and personal liberty.

C) A DECLARATION that the 1st respondent is not a fit and proper person to hold any office of public trust.

D) A ORDER directing the 1st and 2nd respondent to make a full page public apology and publish same in vanguard and punch newspaper within 5 days of the judgement.

E) A Sum of N3,000,000,000 (three billion naira) as special, general, punitive and exemplary damages in favour of the applicants against the respondent.

F) Interest of 20% per annum on the Judgement sum from the date of judgement until final liquidation of same.

And any other Order(s) this honourable court may seem fit to make in the circumstances of the case.

Recall that on the Applicants had alleged that the Respondents had force them to strip naked on the 18th day of July, 2020, in the presence of armed security officers attached to the 2nd Respondent.

TheNigerialawyer recalls also that, the 1st Respondent was alleged to have directed his two 15-year-old children to film the incident and thereafter post same on the internet, thus making the videos and pictures go viral.

Similarly, the applicants had alleged that the 1st Respondent had illegally withdrawn from the respective Bank Accounts of the Applicants huge sums of money, at gun point. The incident which is a fallout from a tips said to have been given the Applicants by a guest at the hotel, which the 1st respondent alleged that it doesn’t belong to them.

The case is yet to be set for hearing as at the time of filing this report.

Court in Lagos remands 37-year-old man for allegedly raping his 9-year-old stepdaughter

An Ebute Meta Chief Magistrates’ Court in Lagos on Monday ordered that a 37-year-old man, Hameed Ayinla, who allegedly defiled his 9-year-old stepdaughter be remanded in a custodial centre.

The police charged Ayinla with defilement.

Chief Magistrate F.M Kayode–Alamu, who did not take the plea of Ayinla, ordered that he be remanded in the Ikoyi Custodial Centre.

The magistrate ordered the police to file the matter at the Ikeja Sexual and Domestic Violence Court.

Kayode–Alamu adjourned the matter until 10 December, for mention.

Earlier, the Prosecution Counsel, Olu Olubiyi told the court that Ayinla committed the offence on 13 September, at No. 6, Kunle Ojo St., Ori-Okuta, Owutu Ikorodu.

He alleged that Ayinla defiled the nine-year-old girl who is his stepdaughter.

The offence, he said, contravened the provisions of Section 137 of the Criminal Law of Lagos State which prescribes life imprisonment for convicts.