Robot Rights In An Evolving Employment Market | O. M. Atoyebi, SAN

by Legalnaija | Oct 9, 2020 | Uncategorized

 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: Atoyebi@omaplex.com.ng

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

References

Legal Regulation of Surrogacy Contracts in Nigeria: Is the Consumer Delving into Delving Into Murky Waters | Emaediong Ofonime Akpan (Esq. LL.M)

by Legalnaija | Oct 9, 2020 | Uncategorized

Introduction

The
pioneer record of surrogacy had Hagar as the surrogate mother with Abraham and
Sarah as the commissioning parents. This form of surrogacy commonly referred to
as a partial surrogacy where the child born is only genetically related to one
of the commissioning parents was prevalent in pre-colonial Nigerian societies.
The practice of surrogacy was common in Nigeria long before its legal
recognition around the world. The practice of surrogacy in pre-colonial Nigeria
was regulated by unwritten customs and practices. The surrogate mother was married
in to the family by the commissioning couple usually the wife. Children birthed
by the surrogate were deemed children of the marriage and the commissioning
parents had sole rights. These partial surrogacy arrangements were borne out of
the need to continue a family legacy. However, this is not the case today as
surrogacy arrangements are taking a new shape with gestational surrogacy taking
the lead. Furthermore, couples turning to surrogacy do so because of fertility
issues, health complications, and terminal illness etetera.to further
complicate issues there is a lack of specific legislation to cater to the
unique legal issues of surrogacy.

            The
practise of surrogacy raises complex legal concerns which consumers are usualy
not aware of. Whilst some border on the legality of a surrogacy contract,
others are concerned with its holistic regulation. This article considers the
legal intricacies of surrogacy and mirrors the uncertainties occasioned by the
lack of a specific legal framework for its regulation in Nigeria. It was
discovered that Nigeria is a pro-birth society hence it is necessary that a
legislation be put in place urgently noting that more couples are turning to
surrogacy to help them achieve their reproductive rights. This article
recommends amongst others that a legislation on surrogacy must reflect the
present concerns that surround the practise of surrogacy. These range from the
exploitative aspect of surrogacy and the need to take into cognisance the
provisions of the United Nations Convention on the Rights of the Child.This
article analyses some of these legal issues raised by surrogacy arrangements in
Nigeria.

2.0
Concept of Surrogacy

            Surrogacy
comes from the Latin word “subrogare” meaning to substitute. Surrogacy as a
situation where a woman (third party) carries a pregnancy for the commissioning
parents and hands the child over to the commissioning parents after its
delivery. There are two main types of surrogacy, gestational surrogacy (also
known as host or full surrogacy1) which was first achieved in April 1986 and
traditional surrogacy (also known as partial, genetic, or straight surrogacy).
In gestational surrogacy, the pregnancy results from the transfer of an embryo
created by in vitro fertilization (IVF), in a manner so the resulting child is
genetically unrelated to the surrogate. Gestational surrogates are also
referred to as gestational carriers.

3.0
Surrogate Contract

            In
surrogate contracts a third party female elects or is commissioned to carry a
pregnancy on behalf of another couple, delivers a baby and hands the child over
to the commissioning parents at birth. Two forms are discernible, depending on
the existence or not, of the genetic link between the surrogate mother and the
foetus. When there is a genetic link, the surrogate mother is inseminated with
the semen of the commissioning father or donor sperm, this is referred to as
“traditional surrogate motherhood” and she is biologically the mother of the
baby. When pregnancy is as a result In vitro fertilization in the woman, and she
has no genetic contribution to the foetus, it is regarded as gestational
surrogacy.

4.0
Legal Issues of Surrogacy Contract in
Nigeria

1.     
Contractual Enforcements

            There
is a dearth of a defined position on the enforceability of a surrogacy contract
in Nigeria. While they are based on simple contract terms the concern is
whether such contracts are enforceable in Nigerian courts. The basic element of
contract are offer, acceptance and consideration of value. Arguments against
the enforceability of surrogacy contract stem from a moral basis. In addition,
there is a question of the tendency of such contracts being used to exploit
vulnerable persons who are usually the surrogate mothers. The enforceability of
surrogate contracts appear to change the humanity narrative which forms the
core of surrogacy commercialisation. The National Health Act in section 10
provides as follows;

A person shall not:

(a) manipulate any genetic material,
including genetic material of human gametes, zygotes or embryos; or

(b) engage in any activity including
nuclear transfer or embryo splitting for the purpose of the cloning of human
being; (c) import or export human zygotes or embryos.

(2) A person who contravenes or fails
to comply with the provision of this section commits an offence and is liable
on conviction to imprisonment for a minimum of five years with no option of a
fine.

            Based
on the provisions of the National Health Act, the entire process of surrogacy
is illegal hence it cannot be said that a surrogacy contract is enforceable as
it seeks to do that which has been clearly prohibited by the relevant
legislation being the National Health Act. While the Act remains the legal
instrument on which to base the legality of surrogacy contracts there is a bill
pending at the National Assembly. The Bill when passed to law will establish a
Registry of Assisted Reproductive Technology Clinics and Banks in Nigeria. The
Registry will be saddled with the formulation of policies for the regulation of
Assisted Reproductive Technology such as surrogacy.The bill provides that
surrogacy is not to be considered for any commissioning mother who is able to
carry a pregnancy to term, thus a commissioning mother must provide a medical
report to attest to her inability to carry a pregnancy to term. The Bill limits
persons who can enter into a surrogacy contract to infertile married couples.
This would appear to be based on the long-abandoned kind of surrogacy agreement
prevalent in pre-colonial Nigeria where the rationale was to continue a family
legacy. Today, infertility is not the only reason couples opt for surrogacy
contracts as health implications are also popular reason. The Bill therefore
limits the scope of persons who can take advantage of a surrogacy contract to
fully take advantage of their reproductive rights.

            Surrogacy
contracts in pre-colonial Nigeria was widely publicised and given recognition.
More so, the surrogacy contract was given validity and legal fore by virtue of
the marriage relationship that existed between the surrogate mother and the
commissioning parents. This sort of protection is not guaranteed in the current
practice of surrogacy considering that couples prefer that such contracts are
shrouded in secrecy as opposed to that which was obtainable in pre-colonial Nigeria.
It is unclear how far the Bill will go to address the issues of contractual
enforcements of surrogacy agreement.

2.     
Rights of Parties
in a Surrogacy Contract

            The
National Health Act (Amendment) Bill provides for the rights of parties in a
surrogacy contract. Specifically section 76(2) of the Bill gives the gamete
donor the right to decide the extent of information to be released and to whom,
except otherwise ordered by the court. This would mean that the donor can chose
to be anonymous, or only give information that cannot be used in identifying
him. Furthermore, the Bill provides that a spouse who donates a gamete without
the knowledge of the other spouse, without coercion, shall relinquish rights
over the child or children that may be conceived using his gamete and, to this
end, the identity of the recipient is not made known to the donor.

            The
foregoing appears to be in contravention of the Child’s right to preserve his
identity and know his parents as provided under the Article 8 of the Child’s Right
Convention. In pre-colonial Nigeria the surrogate or sperm donor had no claim
on the children birthed from such arrangements. Similarly, in the United
Kingdom the sperm donor cannot be regarded as the legal parent of the child
born. He also have no legal obligation to the child. Conversely, the position
appears different for the surrogate who is regarded as a child’s legal parent
at birth. Legal parenthood can be transferred by parental order or adoption
after the child is born. This transfer is only possible within six months of
the child’s birth. Disagreements on who the child’s legal parents should be are
decided based on the best interests of the child. The lofty position of the UK
legal framework can only avail a person who used a Human Fertilisation and
Embryology Authority. This connotes government control of the process.

3.      Child’s
Right to Disclosure

            Surrogacy
contracts also raises question of the child’s right to know his parents as
provided for under Article 7 of the Child’s Right Convention Children from
surrogacy may want to have full disclosure of their parentage in later years.
Umeora et all questions if it would
be ethically correct not to fully disclose their origin to them, including who
carried them “in utero”? Such disclosure especially when there is a genetic
link may be medically invaluable. Complications may arise where the surrogate
mother declined such disclosure ab initio at the contract level, or where all
contact links between the parties were severed. The Convention in Article 8
also provides to the effect that a child has a right to preserve or identify
his nationality, name and family relations. The Article further provides that
where a child is illegally deprived of all or some of the elements of his or
her identity the State shall provide appropriate, assistance and protection,
with a view to re-establishing speedily his or her identity. It is unclear how
this is to be achieved considering that surrogacy is more often than not
shrouded in secrecy. It is also makes matters worse when the National Health
Act (Amendment) Bill allows for the parties in a surrogacy agreement to withhold
personal information that may allow for contact tracing in the future.

4.     
Conclusion

            Few
technologies arrive ‘surreptitiously’ and few remain unchanged overtime one of
such is the development of techniques to assist in reproduction. This article
examined one aspect of this being surrogacy. The practice of surrogacy in
pre-colonial Nigeria was found to be popular and was given legality by the
conduct of a customary marriage. However, in present Nigeria there is no
specific legal framework for surrogacy in Nigeria and the proposed framework
still leaves unaddressed some legal issues addressed in this paper. There
exists increasing pouches of lacunae as regards regulatory oversight for human
right violations particularly in drawing a line of distinction between legitimate
and reproductive trafficking. It is recommended that there is an urgent need to
recognise and regulate surrogacy in Nigeria.in addition such framework ought to
balance the tendencies of exploitation and clearly define the rights of the
parties to a surrogacy contract. 

References

1.         R B Bernholz and G N Herman, ‘Legal
Implications of Human In Vitro Fertilization            for
the Practicing Physician in North Carolina’ (1984) 6(1)Campbell Law Review,p.44.

2.         M K McCartan, ‘A Survey of the Legal,
Ethical, and Public Policy Considerations of            In
Vitro Fertilization’ (2012)2(3) Notre Dame Journal of Law, Ethics & Public
Policy,   p.696.

3.         W E Burger, ‘Reflections on Law and
Experimental Medicine’, (1968) 15 UCLA Law             Review,
p. 436, 440

4.         R J Cook., B.M. Dickens and M.H.
Fathalla Reproductive Health and Human Rights.             (New
York: Oxford University Press. (2003).

5.         The case of R. V. Human Fertilization
and Embryology Authority, exp. Blood (1997)            2
All ER 687 (Court of Appeal, England).

6.         K Sedlenieks, Klavs, ‘New Reproductive
Technologies: Towards Assisted Gender             Relations.’
(1999) An Essay for MPhil Degree, Department of Social Anthropology,             University of Cambridge.

7.         M E Lones, ‘A Christian Ethical Perspective
on Surrogacy,’(2016)2(1) Bioethics in     Faith and Practice

Akpan, Emaediong Ofonime holds a
Master’s in Consumer Protection. She is currently undergoing a Harvard course
on Bio Medical Ethics. She can be reached at akpanemaediongofonime@gmail.com.

Securing The Socio-Economic Welfare Of Nigerian Lawyers: Beyond The “9-5”|Fifehan Ogunde

by Legalnaija | Oct 6, 2020 | Uncategorized

The Nigerian legal profession is in a
very delicate condition, particularly as it relates to the socio-economic
welfare of lawyers. There are reports
detailing concerns about the wellbeing and
remuneration of lawyers with some lawyers said to earn between 15,000 and
20,000 Naira monthly (US$39-US$52) which is less than the average hourly pay of
lawyers in Western economies such as the United States or Canada. In a Twitter
poll,  65% of
respondents indicated that they either earned
or knew a lawyer who earned below 50,000 Naira monthly. In view of the ever
rising costs of living in the cosmopolitan cities where the majority of
Nigerian lawyers are based, it is not unreasonable to conclude as follows: a
significant number of Nigerian lawyers whose only source of income is derived
from legal practice are living in poverty.

Why are Nigerian lawyers poorly paid?

There are different reasons for this. First of
all, there is an excess supply of lawyers over demand. Over 4,000 lawyers are
called to the Nigerian Bar each year. There are however less than 2,000 law
firms in Nigeria. Assuming each lawyer recruits a new lawyer every year without
laying off any other, that’s 2,000 lawyers unaccounted for each year. It must
be noted that this does not take into account company secretaries, start-up law
firms and lawyers in the public service. While some have argued that Nigeria
does not have enough lawyers, the current evidence suggests that the legal
services industry is not sufficient to accommodate the delivery of lawyers. In
view of this, lawyers who manage to secure employment are susceptible to
economic exploitation evidenced in poor remuneration for legal work as their
choices are limited.

There are however much bigger problems. For
one, the Nigerian economy is hardly large enough to accommodate the salary
expectations of lawyers. While Nigeria is the 27^th
largest economy with a GDP of US$496bn, Nigeria
has a GDP per capita of US$2,407 which is the equivalent of about 65,000 Naira per month as a result of
different socio-economic factors including gross income inequality. The emergent
economic consequence is that only a limited number of firms, individuals and
organizations can provide the kind of briefs that would make legal practice
profitable for the average Nigerian lawyer. Many of these organizations and
individuals engage only with the leading law firms, with the remaining law
firms left to engage with clients who are unable to pay the kind of legal fees
that can ensure that all lawyers enjoy decent remuneration. To make matters
worse, there is the issue of vast income disparities between partners in law
firms and junior counsel.

What should lawyers do?

In view of current socio-economic
realities, one would venture the following suggestions:

Alternative working structures

The typical Nigerian legal practitioner works
full-time hours during the weekday and sometimes on weekends. This gives little
or no room for the pursuit of alternative ventures. One would suggest that
lawyers, particularly junior lawyers, are given the option of working part time
at a reduced salary. This gives the opportunity for lawyers to pursue
alternative employment ventures to boost their income. There is no requirement
under the Legal Practitioners Act for lawyers to practice law full-time. While
the Rules of Professional Conduct (RPC) 2007 prohibits lawyers from engaging in
trade or business incompatible with the standards of the legal profession,
lawyers are not necessarily precluded from alternative professions while
engaging in law practice.

Another option is for lawyers to work
based on an hourly wage as opposed to monthly salaries. A minimum hourly rate
bearing in mind the qualification, experience and expertise can be set by the
Nigerian Bar Association which sets the standard for lawyers and firms in
contract negotiations. The hours of commitment to legal practice can be
arranged between lawyers and individual firms.

Remote working:

If law firms insist on engaging lawyers full
time and are unable to provide adequate remuneration, another alternative is to
consider the option of remote work for lawyers (part-time or full time). Under
this arrangement, legal practitioners can be required to attend the office once
a week in addition to their responsibilities in court. Meetings can be arranged
through different video or audio conferencing. Documents can be prepared and
sent for review via e-mail. One major challenge in this regard is the fact that
unlike other countries such as Canada and the USA, court documents are not
currently electronically-filed in Nigeria. However, since many law firms have
administrative staff responsible for filing court processes, such aspects can
still be handled by administrative staff present in the office with lawyers
given the opportunity to work from home.

Remote work can prove invaluable in
saving precious man-hours spent in traffic and reduce transportation costs,
which can be astronomical depending on the work/home location of practising
lawyers. It is noted that factors such as internet access/quality and mobile
data prices are significant in the chances of success of remote work,
particularly in rural areas. However, the idea is for remote work to complement
existing structures where feasible, and such may not be necessary in areas with
relatively low cost of living.

Other alternatives

A significant number of lawyers are
exploring previously unknown areas of law, (in Nigeria at least) to create a
niche for themselves and possibly expand their client base. However, many of
these areas of law do not have a client base strong enough for the expectations
of lawyers who are currently venturing into that field. Nevertheless, diversification
of legal specialisation remains a potentially viable option, particularly in
terms of building transnational legal networks.

In the international context, there are
other options that can be considered by Nigerian-trained lawyers. Remote
freelance legal writing for foreign organizations, securing legal
qualifications in foreign jurisdictions and freelance consultancy are a number
of alternatives that have been suggested by some professionals. Without
necessarily solving all problems, receiving remuneration from abroad for
services rendered would provide an immeasurable boost to the income of Nigerian
lawyers.

A significant number of Nigerian lawyers
are largely underpaid, particularly in comparison to lawyers in Western
economies and this undoubtedly has a negative impact on socio-economic welfare.
The recently elected Chairman of the Nigerian Bar Association (NBA), Olumide
Akpata relied heavily on the improvement of lawyers’ economic welfare as a
campaign strategy. Whether his tenure can produce relevant systemic changes
that would create a positive impact in this regard. Those who cannot afford to
wait and see may have to take matters into their own hands.

Fifehan Ogunde

Photo Credit – www.channelstv.com 

Gas Flaring In Nigeria: Risks And Recommendations | B. Adeniran

by Legalnaija | Oct 6, 2020 | Uncategorized

When oil was
discovered in the 1950s, the country was full of gaiety thinking the ‘god of
wealth’ had finally visited Nigeria. The discovery of oil is however also one
of the worst things to have happened as the Niger Delta region is afflicted by
environmental degradation induced by oil spillage and gas flaring. Flares from
Niger Delta account for a major percentage of global flares. It is reported
that over 386 million cubic feet of natural gas is flared every day in Nigeria.
How the environment is managed has a direct bearing on the quality of life of
every living being. Thus, the poor management and pollution of our environment
is bound to cause irremediable damage to human existence and could make the
earth inhabitable for man, if urgent care is not taken.

Gas flaring releases
greenhouse gases and toxic pollutants into the atmosphere which have
environmental and psychological impacts on plant species, wildlife, marine life
and human life(1).
Gas flares emit methane, sulfur dioxide, and other volatile organic compounds
which are known to exacerbate respiratory problems(2). As a result,
residents of oil producing communities in Nigeria live in tortuous conditions
arising from acute environmental degradations, air and water pollutions, caused
by the production activities of oil and gas companies in the area(3). Many of these
communities have no potable water and rely on these polluted stream water or
possibly acidic rain water.

One of the major
reasons for the non-development of natural gas is the lack of a ready local
market and the high cost of access to international markets. Although gas is a
cheap energy source, especially associated gas (which incurs no added cost of
exploration), its development has been limited owing to the fact that its cost
of transportation is higher and more difficult than that of petroleum. Gas was
not a popular energy source at the time exploration facilities currently used
in Nigeria were built, hence the oversight of gas gathering. Consequently,
about 75% of produced gas is flared because it simply is not as lucrative as
petroleum(4).
Some secondary reasons include incompetent leadership and corruption.

The United Nations
has taken steps towards achieving a greener environment for all. One major
outcome of the 2012 United Nations Conference on Sustainable Development was
the development of a set of Sustainable Development Goals. These goals, many of
which are associated with the pursuit of a greener environment, have raised
discussions across the globe and countries have, in response, made policies and
laws in line with these goals. Additionally, the objective of the Earth Charter
is to bring forth a sustainable global society founded on respect for nature,
universal human rights, economic justice, and a culture of peace (4). Some policies and
regulations made in Nigeria in respect of environmental preservation include; The
Gas Flaring (Prohibition and Punishment) Bill of 2017, the West African
Gas Pipeline Project (Special Provision) Act of 2005, among others.
However, these laws are rather weak and sketchy.

RECOMMENDATIONS:

Investment:

The government must
first invest in the gas market/industry, making available the necessary
transport and storage infrastructure for gas production. Although expensive, it
will pay the government in the long run. Seeing as gas is a cleaner energy
alternative to petroleum. The gas industry will not only create a means of
revenue for the government, it will also create a greener environment.

Increase Demand:

The supply and demand
for natural gas are at present, imbalanced. To reduce waste of Natural gas or
gas flaring, the demand for gas must first increase. Although natural gas is
mostly seen as a cooking or heating fuel, it has many other energy and raw
material uses. Natural gas is used as a heat source in making glass, steel,
cement, bricks, ceramics, tile, paper, food products and many other
commodities. Natural gas is also used at many industrial facilities for
incineration. Gas powered vehicles can replace petroleum powered vehicles as
they emit less smog-producing pollutants and greenhouse gas emissions. Same
goes for house-hold generators. This proposition will however not sell unless
petroleum is jettisoned.

Securing the International
market:

The world’s largest
natural gas consumers are, the United States of America, Russia, Iran, Germany,
China, etc. Germany, for example, imports more than half of its Natural gas.
Nigeria can take advantage of this fact, making profitable deals with these
countries instead of burning off natural gas.

Ban enforcements:

Addressing the issue
of gas flaring in Nigeria may appear difficult seeing that Gas flaring which has
been illegal in Nigeria since the 20^th century is still a matter of
grave concern till date. The Flare Gas (Prevention of Waste and Pollution)
Regulations of 2018 proposed a penalty of $2 per thousand standard cubic
feet metre of gas for oil anyone producing 10,000 barrels of oil per day or
more and $0.5 for anyone producing less than 10,000 barrels of oil per day.
Strict enforcement of the 2018 regulation by the Federal government will deter
companies from flaring gas.

The bad news is that
the world we know and love is falling apart, the good news is that there is
still time to fix it. Whether we will be here tomorrow is dependent on our
actions today. A wise man once said, “look after the land, and the land will
look after you. Destroy the land, and it will destroy you”. We either go
green, or go home.

References

1. Eyes on Nigeria: Gas Flaring. American Association
for the Advencement of Science.

2.
Frequent, Routine Flaring May Cause Excessive, Uncontrolled Sulfur Dioxide
Releases. United States Environmental Protection Agency, 2000.

3.
Oil spills in Nigeria: health risks and environmental degradation. Global
Network of Civil Society Organisations for Disaster Reduction.

4.
Yemi, Oke. Nigerian Energy Resources, Law and Practise. Princeton &
Associates, 2019.

5.
Oluwabukunmi, Adeniran. Intellectual Property and Green Innovation. LegalNaija,
August 2020.

 Photo: www.taxpayer.net 

Emerging Trends in Legal Practice; From Analogue Lawyers to Legal Engineers | Stephanie Etiaka

by Legalnaija | Oct 2, 2020 | Uncategorized