Requiem

My heart is a going pitter patter reading the letter again, reliving it all. No. My heart is racing like a jack hammer! Remembering. A sexual assault. By my manager. Samuel Musa. While working at Oxfam GB.

That was in August 2010. I wrote the letter below to Barbara Stocking in desperation more than a year later.

Just like I searched desperately for legal support in Nigeria and when I couldn’t find any I went to search the UK in 2012. I spoke to so many lawyers. Every last  one of them asked me whether I had worked in the UK.

“I was based in Abuja. The only time I came to the UK was for that country directors conference where the assault happened.”

And they all said –

“Sorry. You’re not eligible to appear before the UK employment tribunal.”

Eventually I found a UK lawyer that said she might have been able to help me  but….

…we were already just days away from the statute of limitations for sexual assault. There was no way she could prepare and file the paper work in time.

I let it go then. Focused on putting myself back together again. It wasn’t the first time that man woman palaver (as we euphemistically call it in Nigeria) had terminated my job.

So this is the letter I wrote to Barbara Stocking after they confirmed my termination, as I was facing the loss of my home – after losing my job, my dad, my cat, my dog, my self esteem, my confidence. 

I stumbled across it looking for something else all together and it all just came back. I’d pushed the whole incident to the far recesses of my mind.  (My therapist gonna have something to say about that.) At first I cringed thinking maybe I was whining in the letter but as I read it I started to feel kinda good. I wrote from my heart. I spoke my truth. That’s all. Nothing to be ashamed of.

 

 

 

April 28, 2012

Dear Barbara,

It’s over a year now since I left your employ. I don’t know if you even noticed. Oxfam GB is such a big place. I don’t imagine you could possibly keep up with all your employees and I wasn’t there long enough. It wasn’t till my orientation at Oxford office in August 2010, almost 10 months after I started working for you that I actually started to understand the organization and my role. One important lesson I take away from my experience at Oxfam GB is to orient employees quickly, capably and to install controls to make sure the system works.

But that’s not why I write you. I’m writing to you because I believe the woman I met in August 2010 is a just, fair and above all compassionate person. There was nothing fair, just or compassionate about the way I was summarily dismissed from Oxfam GB in November 2010 or the way I was treated during my subsequent appeal. I tried so hard to reach Penny Lawrence. I remember her telling us during the orientation that she was always available to help and advice us with our problems and issues. She never spoke to me.

The 2 week visit in August 2010, my first to the UK was also where my trouble started. My line manager Mr. Samuel Musa, deputy regional director for West Africa at the time sexually assaulted me in his hotel room. Worried that my job, my working relationships and Oxfam GBs reputation could be in jeopardy, I didn’t listen to advice of friends to report the incident to the police. Instead I went to Martin Knops to treat my own pain and trauma and on his advice reported the incident to Catherine Layton then in the Human Resource department. I told her I was reporting ‘just in case’ Samuel tried to victimize me I wanted someone to know..

I realize now I should have made that report for a number of reasons. After all it wasn’t sexual harassment I was reporting. I was reporting a crime; sexual assault is after all a criminal offence. Of course all of us worked for Oxfam. Neither Catherine nor Martin suggested I report to the police. Catherine actually advised I speak to Samuel. Which I did. Eventually. It was almost a month later before I was able to talk to him on the phone about it. I told Catherine about the call. Because I had asked for assurance during the call and he didn’t give any I followed up with an email. He ignored it.

It had taken a whole lot of effort on my part to talk to him about it in the first place. I wasn’t comfortable raising the issue with him again. I did discuss with Catherine how we could address institutional sexual harassment. I’ve seen and experienced a lot of behavior in Oxfam GB’s Africa offices that would easily qualify for sexual harassment in the west and UK. I wasn’t the only victim. I felt that as Oxfam GB’s gender lead in West Africa I could have a wider institutional impact on the matter instead of making it all about me. I also didn’t want to be the lone female shouting ‘rape’. I had a lot of confused feelings.

Of course I was deeply traumatized by the experience. It was difficult working with Samuel after that. I had flash backs every time I saw an email from him, or had to speak with him on the phone and when I saw him late September in Dakar. I tried to be brave and strong but I was really uncomfortable and jumpy. Still with Catherine’s question about whether he knew his attention was unwanted ringing in my head I reiterated to him again I did not want his attention and asked for assurance he would never try to ‘make a pass at me’ again. But he didn’t make a pass at me the first time, it wasn’t a seduction or a wooing or ongoing sexual harassment at work; it was a traumatic and unexpected physical attack.

I ignored my pain and stepped up my efforts at work with some idea that if I just did my best my job would be safe. With 20/20 hind sight I see my mistake. There is no way I could have spoken to him about the incident in the terms that I did that he could do other than try to get rid of me as soon as possible. Anything else would have been literally working under the threat of an imminent report from me. Still I hoped, this was Oxfam GB after all, an international humanitarian agency with rules, surely I was safe.

On November 23, 2010, a Wednesday, Samuel Musa arrived Abuja from Dakar and handed me a letter summarily terminating my contract without reason. He gave me 2 days notice to vacate the office premises and immediately repossessed all Oxfam GB equipment including laptop and handsets making it difficult for me to reach anybody within the organization. My employment contract governed by Nigerian Law says that summary dismissal is in accordance with internal guidelines. Under these guidelines I am entitled to a weeks’ notice that I am being considered for summary dismissal. Under Nigerian law I am entitled to two weeks’ notice.

The law wasn’t upmost on my mind when I received the letter of termination. I was distraught that I was about to lose my job at the hands of the man who had sexually assaulted me less than 3 months before. I was in no emotional state for the appeal and under too much emotional distress by then to focus on that. The entire process became a sexual harassment investigation rather than an appeal of my wrongful termination. At the end of the emotionally devastating process where I had to re-live my assault again I was informed there was no corroboration to my allegations of sexual assault and my dismissal was in accordance with Nigerian law. That’s all.

Kathleen McGarva who handled my sexual assault complaint and my appeal (I wonder if that was proper?) decided that the email I wrote to Samuel and my correspondence with Catherine Layton and Martin Knops were not sufficient corroboration of my story and chose to accept Samuel’s version of the story which had even less corroboration than mine. He admitted I was in his room but unsurprisingly denied the course of events or that we went up together. He further claimed he ignored my email because he didn’t know what I was talking about. After denying my appeal Katherine said Oxfam GB would talk to him to find out how he could have handled the situation better. That sounded a lot like I was the lying trouble maker.

In April 2011 I finally wrote Katherine asking about the outcome of that exercise with Samuel. Was he punished? Was he queried? Was he reprimanded? I received her response on April 6, 2011 a Wednesday and was considering my reaction to send the following Monday when I was informed on Saturday April 9, 2011 my father died. I never did get a chance to react to Katherine’s last email after that news.

Katherine’s April email suggested that Oxfam GB were not interested in getting rid of a sexual predator in their employ much less how his actions had affected me or what I was going through personally. Oxfam GB seemed more interested in protecting themselves and I was the villain not the victim but it happened to me so I know what happened. In August 2011 I came to the UK and filed a criminal incident report with the Thames Valley Police accusing Samuel Musa of criminal sexual assault. They believed me but needed corroborating evidence to successfully prosecute. They also said if I had reported earlier there could have requested the hotels CCTV footage for corroboration. Still there is an incident report and number that it may serve as evidence should anyone else report Samuel for a similar thing.

I’m sure I wasn’t his first sexual assault and maybe not his last. Maybe he has been sexually exploiting women he managed? It is interesting that the Africa leadership teams have so few women. It was curious that Samuel resigned abruptly shortly after the police investigators visited the Oxfam GB offices. It may have been a coincidence. Did somebody else report him? What could HR have done differently? The fact that there was even a hint of criminal sexual assault in which the preponderance of evidence, thin though it was nevertheless was on my side should have raised enough doubt to make him justify his reasons for summary dismissal.

After my experience with Oxfam GB I really didn’t want to work for any other organization. This is not the first time I have had to make a career move or lose a job because of man woman trouble as we call it euphemistically in Nigeria. I had thought that I would be safe working with an international organization that had rules about such things. I have been sadly disappointed, in the time since my dismissal I have met and spoken to almost a dozen women with similar experiences. Male managers at INGOs are getting away with sexual abuse in the workplace, women are wrongfully losing jobs, some get stuck in court for years and exhaust their savings, others just don’t want to talk about it in public, still others are too busy trying to make ends meet to fight a foreign Goliath.

I’m a lawyer by training. I opened a small law firm instead of getting another job in the international development field. My 1 year experience at Oxfam GB was exhausting both emotionally and physically. I figure that being my own boss will reduce my vulnerability to sexual assault in the workplace. My practice focuses exclusively on women’s right and expanding legal protection from violence through litigation and legal precedent. I’m building a social enterprise to sustain the practice and my reputation as a writer. Kathleen was right; Oxfam GB didn’t break any Nigerian laws. I was the one that sent that legal opinion on Nigerian labor law to Samuel in October 2010.

Still I found the internal procedure for summary termination on Oxfam GB site confusing. My contract says internal procedure will apply in dismissal yet the site refers back to ‘local laws’. Meanwhile, my contract already says Nigerian law applies. Without knowing the in house rules for summary dismissal that clause of the contract is misleading. When I read it while negotiating my employment terms I reasonably thought it meant rules other than Nigerian law applied. I thought I was protected from unfair or wrongful dismissal and sexual victimization a common enough fear in Nigeria under our poorly applied and interpreted laws. Apparently I was wrong.

Why am I writing to you now?

An executive coach and consultant I worked with advised me to write to you personally and let you and Oxfam GB know exactly what is going on with me before proceeding with any further action. He is optimistic that Oxfam GB will do the right thing. I am hopeful that you Barbara will. I feel I was bullied by a big bad corporation, except Oxfam GB is supposed to be a ‘humanitarian’ organization, one of the ‘good guys’. How could they preach global love and charity and leave me out in the cold like this? Are Oxfam’s values just corporate jargon? I still wonder how I can possibly engage in a legal battle with a corporate behemoth like Oxfam GB that has more money and more lawyers than I can ever hope to. I’m intimidated from even trying but feel the injustice keenly.

I’m sitting in the eye of a hurricane right now. I have suffered terribly because of the assault and even more during and after the loss of my job. I’ve lost almost everything because of Samuel Musa and Oxfam GBs actions; my job, my health insurance, my father, who was my dependant and couldn’t continue diabetes treatment after I lost my health insurance and now I am about to lose my home. My small law practice is young and growing but even that is under threat.

If Catherine Layton, or Martin Knops or any other Oxfam GB employee had advised me to report to the police as soon as I described a sexual assault there may have been CCTV footage showing us arriving and me leaving his room and maybe corroboration of my ‘allegations’. There may have been witnesses available for trained questioning by the police. Dozens of Oxfam GB people were in the lobby that night when we left. Samuel Musa himself would have been available for the police to interrogate. If Samuel Musa had not been allowed to dismiss me without reason after sexually assaulting me I may still have my father, my house, my cat and my life.

I am writing this to you now because I was grievously injured by your employees and former employee’s actions and summarily and wrongfully dismissed without reason from my position as CD Nigeria programs and I feel that Oxfam GB my employers did not do enough to protect me or prevent the injury and subsequent suffering. It has taken me this long and many hours of consultation with lawyers and counselors to get here. While I’m still suffering the fall out of that injury, emotional, physical and financial, I finally have the mental and legal clarity to seek the rdress I believe that I deserve.

I hope this letter speaks to the humane part of you and not just the corporate goddess. I only seek justice, for myself and for my silent, disempowered or disenchanted African sisters. We are also a humanitarian cause. We’re also humankind. Barbara please show me that we are safe working for foreign agencies, even the BINGO’s and that the same rules that protect our female colleagues in head office will protect us in our work spaces scattered in the dark spots for gender rights on the continent too. Do not unilaterally listen to our kinsmen who fill your senior leadership positions in Africa and tell you African women will lie against them about rape or sexual assault or sexual harassment in the workplace because that is the excuse our men give for not tightening rape, sexual assault and sexual harassment laws.

I was a good employee; innovative, result oriented, driven, participatory, nurturing and above all ethical. I was one of few in the region that understood the implementation of the SMS. I was planning a fast track career development in the sector. I was systematically rooting out graft and corruption in the Nigerian program. I was also under systematic attack by the forces of graft and corruption. I wasn’t only working for you, I was also working for my country, for your donors and especially those little old English ladies that have a standing order with their bank to deduct GBP20 every month from their pension check and send to Oxfam GB, even if they are no longer your biggest contributors. I don’t deserve this. It feels so terribly wrong to be dismissed so nonchalantly and left so broken and devastated.

I appeal to you Barbara as the Chief Executive of Oxfam GB with whom all decisions finally rest for some sort of justice, relief, closure, damages and permission to move on. I hope you consider my appeal with wisdom and compassion.

I look forward to hearing from you. In the meantime I remain;

Yours sincerely,

LesleyAgams

Lesley Gene Agams Esq.

 

 

 

This was her reply

 

 

 

Wednesday, May 16, 2012, 10:32 AM

Dear Lesley

Thank you for your letter of 28th April 2012 concerning your period of employment with Oxfam GB.

I was aware of the circumstances surrounding your departure from Oxfam and am deeply saddened to hear how you now feel, and that you attribute this to the way that Oxfam handled your complaint. As you are aware, Oxfam is very concerned about gender inequality and committed to putting poor women’s rights at the heart of what we do. With this in mind I can assure you that Oxfam did take your complaint seriously and followed internal procedures carefully to fully investigate the points that you raised. Unfortunately , like the police, we found that there was insufficient evidence to corroborate your allegation of events that had taken place, some 3 months earlier. The allegation of sexual assault is an issue which we take very seriously and although we could not find evidence to confirm that the assault did take place, the matter was followed up and appropriate action was taken in line with our procedures. I appreciate that you were disappointed by these findings.

I understand that you did speak to both Catherine Layton (HR Adviser) and Martin Knops (Oxfam’s Counsellor) about events that took place whilst you were in the UK. At the time you did not categorise them as a criminal offence of sexual assault but as an ‘incident in a hotel room where you refused to have sex with your manager’ and indeed had asked to speak to them both ‘in confidence’. This confidentiality was maintained by them both as you had requested. Had you allowed Catherine to take this forward on your behalf as one of the options she suggested to you at the time, or indeed expressed it in the more serious language that you are now using, then the situation may have been different. This was the decision that you made at the time and I feel that it is not appropriate of you now to blame them for respecting your request for confidentiality.

With regard to your termination of employment from Oxfam, I am aware that you raised an appeal against this in line with our procedures. The appeal was heard by Kathleen McGarva, the Deputy International Director, and she was satisfied that the termination of your contract complied with the law in Nigeria which is the law that governed your contract of employment and that the termination was not due to sexual victimisation from a senior manager of staff. Kathleen is an experienced senior manager in Oxfam, based in Oxford who had no prior knowledge or involvement of this matter. I am satisfied that she considered your case very carefully in a fair and transparent manner when reaching her conclusion.

I am satisfied that that Oxfam has acted fairly in fully investigating your complaints and allegations and your request for damages is not appropriate.

Thank you for writing to me about bringing this to my attention.  I do wish you the very best for your future.

Best regards

Barbara

Barbara Stocking 

Chief Executive, Oxfam GB  

 

 

Maybe she was right, maybe it was all my fault. Except I’m pretty damn sure I DID describe it as a sexual assault, EXACTLY  as it happened, in very vivid detail too, to both Martin and Catherine.  Whatever could have given them the idea that is was an ‘incident in a hotel room where you refused to have sex with your manager’? (How sleazy does that even sound? Ugh!) Now they would have me second guessing myself!

I thought I was really over it. Just a couple weeks ago I was telling my friend that I had finally recovered from it all except the jack hammering of my heart says maybe not.

How do I feel about it now? I still feel angry. And powerless.

“Honour you anger” Martin Knops said to me all those years ago.

 

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Some Highlights of Nigerian Labor Law Act Cap 198 Relevant for Small Business Owners

 

  1. Employees must be paid in cash
  2. Payment by check can only be made with the prior consent of the employee
  3. Employer cannot impose conditions on how or where an employee spends his wages
  4. Any advance on salary cannot exceed one month salary and minimum recovery time is 3 months
  5. If there is an outstanding advance employer cannot make a new advance except in necessity
  6. Employers can only make deductions in respect of fines for willful misconduct or neglect if employee has been previously notified and agreed in his contract
  7. Pension scheme deductions must be consented to by employee
  8. Overpayment deductions can only be made if discovered within 3 months
  9. Total deductions from employees salary cannot exceed 1/3 of monthly salary
  10. Contracts required to be signed within 3 months of employment
  11. Any change in terms of contract must be communicated within one month to the employee
  12. Employment contracts terminate on death of employee, expiry of notice or expiry of fixed term contract
  13. Statutory requirements for notice
    1. 1 day if less than 3 months
    2. 1 week if more than 3 months but less than 2 years
    3. 2 weeks if more than 2 years but less than 5 years
    4. 1 months if more than 5 years of continuous service
  14. Conduct that would enable employer terminate contract without notice

a. Gross misconduct such as fraud, theft, insubordination or criminal neglect

  1. Either party can waive the right to notice or to accepting payment in lieu of notice
  2. All wages are to be paid before expiry of notice
  3. Employer not liable to pay for days employee absent
  4. Payment in lieu of notice only applies to salary not overtime or allowances
  5. Normal working hours are fixed through mutual agreement
  6. Work in excess of working hours constitutes over time
  7. If employee is to work more than 6 continuous hours he/she is entitled to 1 hour aggregate break/rest interval
  8. Worker entitled to one day of rest in 7 days
  9. Workers entitled to up to 12 days of paid sick leave for temporary illness if certified by a registered doctor nominated by the employer
  10. After 12 months of continuous service employee is entitled to 6 working days of paid leave
  11. Sick leave and annual leave pay only includes salary (not overtime or allowances)
  12. Women are entitled to 6 weeks leave before birth and confinement and 6 weeks of leave after birth and confinement at 50% of salary
  13. Employer not liable for healthcare costs of said woman
  14. If you have more than 25 employees you are required to set up a pension scheme (Pension Act Cap 346)
  15. Employees in hazardous occupations (mining, heavy machinery etc) must be insured against injury (Workmen’s Compensation Act Cap 407)

You Are What You Eat

Only in Nigeria do people be eating like we eat and argue that after all their ancestors ate like that. Our ancestors also walked every where, spent 8 months out of twelve on the farm and generally burned more calories than they ate. Only the petit bourgeois elite had fat wives because it showed they didn’t go to the farm or the market. Just like the white elite too. Except in their case it was pale skin as a sign you didn’t have to work in the fields like a peasant. And the consumption of rare and rich food was equated with privilege.

All that elitist bullshit. Anyway, my point is we really shouldn’t be eating like our ancestors. We do not work like them. We probably have a sedentary office job and a driver. It’s not about ‘diet’ or ‘a diet’. Its a lifestyle thing. How much we eat and what we eat is all about what we do for a living but most of us are so programmed in our primitive brain stem that we need to feel full and comfortable. You know, in case you have to run from a man eating lion in the jungle. Or slave hunters. Or in case there is a famine. Who knows?

Then again as we age we just can’t eat as much as we did when we were high revving teenagers. The metabolism slows down and shit and things like beer guts and spate tyres and love handles tend to multiply. You just have to consume less calories. Even if you are one of those people that doesn’t add weight no matter what you eat, sensible calorie restriction is indicated in positive long term health outcomes.

Of course food is never just about food. Just like sex is never just about sex. Its comfort and nurture and reward and punishment and power. Most modern humans have a complex relationship with food and body image compounded through mass media. Then there is of course the social  and cultural significance of food (link to old post on food politics) Its a minefield.

We love Nigerian food but we know we just can’t eat it as much of it as we did when we were younger. And that’s cool. We adapt. And its easier to adapt than we think.