MzAgams

Who said Nigeria doesn’t have sexual harassment in the workplace laws?

The National Industrial Court was set up by constitutional amendment on 14 December 2010 and ratified by the state houses of assembly in February 2010. 

Jurisdiction: The National Industrial Court shall have and exercise jurisdiction to the exclusion of any other court in civil causes and matters –

(a)

relating to or connected with any labour, employment, trade unions, industrial relations and matters arising from workplace, the conditions of service, including health, safety, wcl fare of labour, employee, worker and matters incidental thereto or connected therewith; 

(b)

relating to, connected with or arising from Factories Act,Trade Disputes Act, Trade Unions Act, Labour Act, Employees’ Compensation Act or any other Act or Law relating to labour, employment, industrial relations, workplace or any other enactment replacing the Acts or Laws; 

In 2017 the NICN amended its civil procedure rules to include provisions on workplace sexual harassment. Order 14(1) of the National Industrial Court of Nigeria Civil Procedure Rules 2017 provides that where a claimant alleges sexual harassment in the workplace, it should be indicated if the sexual harassment is;

“a. Physical conduct of a sexual nature: such as unwanted physical contact, ranging from touching to sexual assault and rape, strip search by or in the presence of the opposite sex, gesture that constitutes the alleged sexual harassment ; and/or 

1. A verbal form of sexual harassment: such as unwelcome innuendoes, suggestions and hints, sexual advances, comments with sexual overtones, sex related jokes or insults, or unwelcome graphic comments about a person’s body, unwelcome and inappropriate enquiries about a person’s sex life and unwelcome whistling at a person or group of persons, any document, material or exhibit in further support of the claim; and/or 

2. A non-verbal form of sexual harassment which includes unwelcome gestures, indecent exposures, and unwelcome display of sexually explicit pictures and objects ; and/or 
3. Quid pro quo harassment where an owner, employer, supervisor, member of management or co-employee undertakes or attempts to influence or influences the process of employment, promotion, training, discipline, dismissal, salary increments or other benefits of an employee or job applicant in exchange for sexual favours.” 

In 2013 the National Industrial Court of Nigeria (NICN) had awarded damages in Pastor (Mrs.) Abimbola Patricia Yakubu V Financial Reporting Council of Nigeria& Anor (Suit No NICN/LA/673/2013; judgement delivered on the 24th November, 2016.) The claimant said she was at various times subjected to sexual and seductive gestures, promiscuous and obscene talk, demand for sexual favours and indecent marriage proposal from the 2nd defendant while she was in the employment of the 1st defendant. The NICN held that the claimant’s right to human dignity and self-worth was violated and awarded the sum of NGN5Million as damages in her favour.