Nigeria Wants To Legislate Out Late Payment of Salaries; I Prefer Changing the Non-solicitation Ordinance

Whoever is championing this has my support – abolishing late payment of salaries in Nigeria. It has to stop in Nigeria by all means. I mean, it must end. I am an employer of labour and I am very happy to say that I have never run a late payment of salary.  Sure, there are genuine reasons which can cause delays on the payment of salaries, but I do think, in Nigeria, late payment of salary is uncorrelated with a company’s finances most of the time, as some organizations prefer to  fix money in banks and expect workers to pray and freeze. A good example: government agencies! So, this new bill must have government agencies in UPPER CASE..

Nonetheless, Nigeria can improve many things by releasing the lawyers. I think part of our problem is that our legal system does not have trial legal ordinance where people can band together and sue. That is why trucks fall on the roads and kill people, companies owe workers with reckless abandon, etc. In America, try those; lawyers will recruit the workers and sue you out of existence.

By allowing solicitation, organized by trial lawyers, you empower societies. It is easier when 200 workers come together to sue than when just one does the same. I am told that it is not allowed in Nigeria. I think it has to change. You cannot legislate out medical malpractice, stock insider trading, bogus financial statements, etc. Trial lawyers clean such systems through the societal energy of the people!

People, why cannot we overturn the non-solicitation ordinance in the Nigerian legal system so that lawyers can use the court and force governments and companies to behave? Medical malpractice? Insider trading? Why can’t trial lawyers evolve and force organizations to behave? Yes, release the lawyers and clean the mess!

The employees’ unpaid wages prohibition bill of 2019, has been reported to scale through the second reading at the house of representatives.

The bill which is titled ‘A Bill for an act to prohibit late non-payment, and underpayment of workers wages and other emoluments in Nigeria’, prescribes penalties for violations.

The bill was proposed to the house of reps by the Speaker of the House Hon. Femi Gbajabiamila, who introduced it on the 7th of March 2019, and has now passed the second reading on Tuesday during plenary.

Comment on Feed

Comment 1: What you described (coming together to sue) already exists in Nigeria – they are called representative suits and are slightly different from class actions in the US in that over here a select number of people have to represent a suing group.

This method of commencing lawsuits here is very common in Land matters (The Maroko,Magodo & Gbagada cases) and Labour dispute suits (The Bristol Helicopters cases), and while this suing mechanism is effective in theory, the main issue is a rather lengthy delay in dealing with matters, an issue really bugging the Nigerian judicial system. The Magodo case took more than 2 decades, while the National Industrial Court operates comparatively quickly, the appeal system here can take 5-10 years! Lawsuits only move quickly in Election Petition Matters (6 months at trial level).

So the first step is creating legislation to set minimum benchmarks in entry-level pay for fresh graduates and corpers as well as a set timeframe for settling Labour lawsuits. The Labour Act needs to be amended ASAP.

My Response: Awesome. Thanks Barrister. But my understanding is that a lawyer cannot market his/her services openly, like recruit people who were affected by medical practice. I do think that makes it harder to get clients that will help your case in court. Do you think that could help?  I understand the lengthy delay in our legal system; that has to change.

Comment 1b: Hmmmm, yes and no. The ethical rules governing Legal practice forbid open advertisements & trial publicity in the manner of most businesses and only allows advertisement in a set number of ways (how effective these ways are in attracting business is a topic for another day). The rules also have to be amended because other Common Law jurisdictions (including the UK where our system came from) have now been amended to allow for TV and Radio/Online Solicitations, especially with class actions.

Experienced lawyers in Nigeria have found a clever way to circumvent these rules without breaking them, but it’s still a walk in the dark for many clients who don’t know how to identify specialist lawyers and who have to rely on any lawyer they see(some businesses even try to aid the unauthorized practice of law by pushing their In-house Legal counsel to delve into direct private practice on their behalf which could lead to disbarment).

It’s only recently i thought up a way to effectively and ethically in the manner you’re suggesting using Tech (Legal-Tech beyond Virtual Lawfirms is still a novelty in Nigeria). I would like to set up something in this regard someday.

My Response: “The ethical rules governing Legal practice forbid open advertisements ” – American system does that all the time. They advertise everywhere – TVs, billboards, radios, etc. Does it mean it is not ethical? What is wrong advertising for the “wronged” to come out to get help. I do not get the “ethical issue” here. “I am a lawyer, I sue companies which make bad medical equipment. If you have been a victim of ABC product, call me. I will get help for you”. What is unethical about this?.

Bill To Prohibit Late Payment Of Salary Passes Second Reading in Nigeria’s Parliament

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