#NBAAGC2019: Firms Must Have A Written Policy On Bullying And S*xual Harassment, Says IBA President, Haracio Bernardes Neto

At one of the breakout sessions, speakers raised many issues and concerns regarding bullying and sexual harassment in the legal community.

Global survey recorded that bullying and sexual harassment are endemic that is highly prevalent in the legal profession globally.

According to TheNigerialawyer’s correspondent in Lagos, the session was chaired by Asue Ighodalo. In his lead statement, said that IBA carried out a survey on this and came up with these statistics,

1 in 2 women are bullied in the workplace,

1 in 3 women are sexually harassed,

1 in 14 men has been sexually harassed

And the incident in Nigeria is alarming according to the survey report

Ogaga Emoghwanre, submitted that Sexual harassment is common in our law firm, not in the courtrooms. But bullying happens both in the court and law firm. “It cuts across senior lawyers to junior, judge to judge in court, Principals to junior lawyers, and so on.

.Acccording to him, a victim of sexual harassment sent him this, “Most lawyers, especially the SANS and very guilty of this and something should be done about it”.

“We don’t have strict laws regarding protecting the victim so a lot still has to be done in this area”

He recommended fleeing as the solution and not self-defense as your self-defense action may turn out to be in excess and cause serious damage on whoever is involved.

He further submitted that the only solution, in this case, is to look away as there is no defense saying it is the dressing that makes them to be harassed.

Chief Asam Asam SAN said Why it is highest within the legal profession compared to other profession, because no one is willing to report it and so it continues. He called on the Nigerian BAR Association to start dealing with the problem immediately.

Regarding Bullying by Judges, he said it is a very sad situation and many judges are involved in this. He even witnessed a presiding Judge and next most senior Judge fighting in court in Calabar. This kind of bullying is the height of irresponsible according to him.

He believes Judges involved in bullying have psychological problems and so they need help. And recommends they are made to go through Psychometric tests before they are appointed as Judges, that way, only those with empathy are given the opportunity as bullies are unempathic

Chairperson Nigerian Bar Association Section on Legal Practice, Mia Essien SAN, said it depends on the size of firm. If small, the only option is to leave but for a big firm with a standard organization, matters of this nature should be reported to the HR department. But the bitter reality is that the economic situation makes many not to quit the firm and continue in the abuse. There is a feeling of helplessness among the junior lawyers.

Also in the midst of genuine complains, there will be false ones, so one needs to filter them very well. However, she gave these recommendations to the NBA to set up a help desk for people to make anonymous reports, if found to be false, there will be consequences for it.  Rules of professional conduct for lawyers doesn’t talk about sexual harassment, so it should be amended and addressed.  Get law firm to commit to running sexual harassment programs.

There needs to be a process of investigation and sanctions against the harassers.  Regarding relationships in the office, she believes it cannot be stopped and so the best approach would be for it to be brought to the fore, let the Management be aware so that if there is a problem tomorrow, it won’t be a case of sexual harassment but love gone sour.

Also, some Senior lawyers traveling with their female lawyers purposely refuse to book a room for her, leaving her no other choice than to sleep in his room. This needs to really be checked.

Mia Essien SAN, added that lawyers need to know how to dress for an occasion. They shouldn’t wear party clothes to the office as it is not an office wear. You are expected to look professionally dressed in the office at all times.

According to Anwulika Osigwe  so many issues are responsible for it. Husbands not allowing their lawyer wives travel for work, Principals saying female lawyers are not sound intellectually, reserving some duties and roles for men alone in the firms, and many other reasons.

President of IBA Horacio Bernardes Neto said harassment and bullying is cowardly. Seniors must live by example. Firms must have a written policy on this and signed by all staff members. He encouraged everyone to read the report by the IBA on this issue on their website.

The President of the NBA Paul Usoro SAN made a personal commitment that in the next one year, positive things are going to be done regarding this. Lawyers should feel free to contact him anytime on issues like this.

Some recommendations by the audience,

Chief Mrs, Ajose NBA Ota branch, wants an effective law by the NBA on sexual harassment against Principals.

Karachi from Abuja Branch, says when victims speak up, they get shamed, which is why they keep quiet most of the time. This topic should be taught in our universities and the law school.

Ekanem, Kaduna branch, noted that there used to be a Bar-Bench forum formerly but it is no longer alive, it needs to be resurrected so cases of judges bullying counsels will be addressed in such forums.

The Vice President of the NBA, said the NBA will work towards having a policy that deals with this issue and a committee needs to be set up like women’s committee regarding this.