How to Sue for Sexual Harassment in the Workplace in Nigeria: A Step-by-Step Guide

If you have experienced sexual harassment in the workplace in Nigeria, you have legal rights. This guide outlines the steps to take when suing for sexual harassment, including filing a complaint, gathering evidence, and working with a lawyer to seek justice.

The legal framework for sexual harassment in the workplace in Nigeria is the Sexual Harassment in Tertiary Institutions (Prohibition) Act 2019, which prohibits sexual harassment in tertiary institutions, and the Discrimination Against Persons (Prohibition) Act 2014, which prohibits discrimination on the basis of sex, among other grounds. Additionally, the Labor Act of 1990 and the Criminal Code Act contain provisions that can be used to address sexual harassment in the workplace. The National Industrial Court and the regular courts have jurisdiction to hear cases related to sexual harassment in the workplace.

The National Industrial Court of Nigeria (NICN) has issued Rules of Practice and Procedure for the filing of sexual harassment claims in the workplace. These rules provide guidance on the proper procedures for filing and pursuing sexual harassment claims in the NICN. The rules also outline the various forms of relief that may be granted to successful claimants, including damages, injunctions, and orders for reinstatement. Additionally, the rules specify the time limits for filing sexual harassment claims and the appropriate forms and documents that must be filed. It is important for individuals who have experienced sexual harassment in the workplace to consult these rules and seek the assistance of legal professionals when filing a claim.

a few notable cases decided by the National Industrial Court of Nigeria on sexual harassment in the workplace:

1. Mary Sunday v. University of Calabar Teaching Hospital Management Board (2015) 26 NLLR (Pt. 102) 70: The court held that an employee of a hospital who was sexually harassed by her superior was entitled to damages for psychological trauma and other losses suffered as a result of the harassment.
2. Benedicta Ojukwu v. Federal Civil Service Commission (2013) 42 NLLR (Pt. 130) 1: The court held that an employee who was dismissed for refusing the sexual advances of her boss was wrongfully terminated and was entitled to reinstatement, payment of her salary arrears, and other benefits.
3. Anwuli Nwogwugwu v. Nigerian Maritime Administration and Safety Agency (2015) 26 NLLR (Pt. 102) 1: The court held that an employee of a maritime agency who was sexually harassed by her boss was entitled to damages for the harm caused by the harassment.
4. Yetunde Alakija v. A.B. Vetmed Nigeria Ltd (2018) 47 NLLR (Pt. 161) 28: The court held that an employee of a veterinary clinic who was sexually harassed by her boss was entitled to damages for the distress and psychological trauma suffered as a result of the harassment.

These cases illustrate the National Industrial Court’s commitment to protecting employees from sexual harassment in the workplace and holding employers accountable for such misconduct.