At the invitation of the President of the Nigerian Bar Association (NBA) Paul Usoro, Senior Advocate of Nigeria (SAN), Horacio Bernardes Neto, President of the International Bar Association (IBA), will give an address at the opening ceremony of the 59th Nigerian Bar Association (NBA) Annual General Conference(AGC) on Monday 26 August 2019.

There are several cases of sexual harassment where dreams and aspirations has been shattered by randy employers, who feel entitled to every woman before them in order to offer them legitimate employment. This has become a norm in Nigeria. 

In the church, a sister is sexually harassed because she is seeking for the fruit of the womb; some doctors harass their female patients; teachers harass their students sexually; the employer or supervisor would seek on employee’s promotion because she/he refused to grace his/her bed! The story is endless.

Sexual harassment denotes ‘Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when;

(1) submission to such conduct is made either explicitly or implicitly in a term or condition of an individual’s employment, 

(2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual,

(3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.’

According to the UN, harassment does not need to be sexual in nature; it can be offensive comments, gestures etc. Most importantly, both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex. It can also occur anywhere: in the church, mosque, workplace, hospital etc. But the most common is workplace. A vital element is that such gestures or actions are without the consent of the victim.

It is in recognition of the nature of sexual harassment that both international and regional regimes have categorized it as a human rights violation. In Nigeria, the 1999 constitution has also provided for right to dignity of human person and right to freedom from discrimination. It has however been observed that no serious measures have been put in placeby the Labour Act, which is the foremost regulation that addresses labour and employment. It is silent on what constitutes sexual harassment and makes no provision for remedy. Furthermore, the provision of the Employee’s Compensation Act is too remote to provide for damages suffered by an employee.

As a result of the lacuna in the Labour law, the National Industrial Court, which has been conferred exclusive jurisdiction on matters connected to labour, work place and industrial relation matters etc. It is in relation to this jurisdiction that the National Industrial Court in case of Ejike Maduka v Microsoft and 2 Ors  held that the sexual harassment of the Applicant is an infringement on her fundamental right to dignity of human person and freedom from discrimination as guaranteed by sections 34 and 42 of the Constitution of Federal Republic of Nigeria, 1999 (as amended) and sections 15 and 19 of the African Charter on Human and Peoples Right (Ratification and Enforcement) Act. 

The decisions of the National Industrial cases are in conformity with international best practices as it relates to labour law. The National Industrial Court’s jurisdiction relating to matters connected with or pertaining to the application of any international convention, treaty or protocol of which Nigeria has ratified relating to labour, employment, workplace and industrial relations matters was given statutory flavor in the case of Aero Contractors Co. of Nigeria Limited v. National Association of Aircrafts Pilots and Engineers (NAAPE) & Ors. Where the court held that the termination of the Applicant’s employment for her refusal to succumb to the sexual advances and overtures of the 3rd Respondent is a discrimination against the Applicant on the basis of her gender, and a rape on her right to dignity of her human person.

These copious provisions in our extant laws make it possible for any victim to approach the court or a judicial commission of inquiry to seek redress. However, despite these legal protections, only few people maximize the advantage of its protections. There are just a few voices like Monica Osagie of Obafemi Awolowo University, Ile Ife and Rachel Njeri of Makerere University, Uganda. The Challenges to low reportage of sexual harassment includes: 

Challenges to the Legal Protection of Victims of Sexual Harassment

a. Societal Acceptance: despite the fact that sexual harassment is often instigated by men, however the society makes room for its acceptance and reinforcement;

b. Interference by family members, FBOs, community leaders etc;

c. Low Reportage;

d. Lack of awareness;

e. Poverty 

Recommendation

f. Although sexual violence is primarily instigated

g. by males, it is the whole community that allows for

h. the acceptance, maintenance, and reinforcement of such

i. behaviou

j. Although sexual violence is primarily instigated

k. by males, it is the whole community that allows for

l. the acceptance, maintenance, and reinforcement of such

m. behaviou

n. Although sexual violence is primarily instigated

o. by males, it is the whole community that allows for

p. the acceptance, maintenance, and reinforcement of such

q. behaviou

r. Although sexual violence is primarily instigated

s. by males, it is the whole community that allows for

t. the acceptance, maintenance, and reinforcement of such

u. behaviou

i. Public Enlightenment

ii. Education

iii. Naming and shaming of perpetrators

iv. Awareness creation and advocacy

v. Criminalization of interference in the investigation and prosecution of sexual harassment cases

vi. Domestication of the VAPP Act in all the states

vii. Judicial activism

viii. Diversity including equal access of women in leadership roles is the most productive action to curb sexual harassment.

ix. There is a need for more information in the media on issues of sexuality, sexual health and rights for more public enlightenment.

Charles Ndubuisi Iroh,

Triax Solicitors

that this year’s IBA Symposium, which is
scheduled for Friday, 27 September 2019 at Seoul, South Korea, has the topic
“Persecution of Lawyers and Judges – threats to the rule of law and the
independence of the legal profession”. This is almost a replica of some of the
sub-topics at the NBA’s Rule of Law Symposium and yet, the two organizations
worked independent of each other in developing the issues and topics for their
respective Rule of Law Symposium. This underscores the importance and
universality of the issues that would be discussed at the Symposium and we are
privileged to have Horacio Bernardes Neto, the President of the International
Bar Association as our very special guest for this Conference. He has
graciously agreed to deliver a Keynote Address at the Rule of Law Symposium
apart from delivering a Keynote Address at the Opening Ceremony of the
Conference on Monday, 26 August 2019.

4.           
For the socially-minded, this Conference will not be all work,
networking and talk-shop; there are a number of exciting social events in the
programme starting with the 10 kilometre Health Walk scheduled for Saturday, 24
August 2019 at 7am taking off from Harbour Point – one of the two Conference
venues. There would also be a Welcome Cocktail on Sunday, 25 August 2019 at 5pm
and we would all be entertained with and by a stage Musical – “Fela and the
Kalakuta Queens” – on Monday, 26 August 2019 at 7pm. There is of course the
President’s Dinner – you would not want to miss that – on Tuesday, 27 August
2019 at 7pm and finally a Music Concert on Wednesday, 28 August 2019 at 6pm to
round off the Conference.

5.           
Some of us may miss the fact that next year’s 2020 Conference
would be NBA’s 60th AGC. Attaining 60 is a notable landmark that is worth celebrating
and we shall celebrate it in an unforgettable fashion. What you will experience
in this year’s AGC will be but a foretaste of what we would roll out for the
NBA’s 60th AGC next year and you
cannot afford to miss it. The date for the Conference (21-27 August 2020) was
approved by NEC at its meeting on 28 March 2019 and we are already bubbling
with ideas on how to make that Conference memorable for all of us. We would
share our plans with you as soon as they are approved by NEC. Meanwhile,
welcome to the NBA 2019 Annual General Conference and enjoy to the fullest the
rich menu of our Conference and that of the City of Lagos.

Some of the novel ideas seen in this #NBAAGC2019 has never happened before and one of such is the arrangements made for Senior members of the Bar by the TCCP.

According to Gbenga Oyebode, MFR, Chairman of the TCCP, all senior members of the Bar should note the following – 

@Legalnaija 

As part of the build up towards hosting a successful Annual General Conference, the President of the Nigerian Bar Association, Paul Usoro, SAN yesterday,  August 8,, 2019 led a top delegation of the NBA and TCCP members on a visitation to the Governor of Rivers State, Bar man par excellence, Nyesom Wike. The former President of the Nigerian Bar Association, O.C.J Okocha, SAN and Mr. Frank Owhor, a former Attorney General of River State, were on ground to receive the NBA leadership.

In the NBA President’s team were Mr. Gbenga Oyebode, TCCP Chair; Olumide Akpata, TCCP Co-Chair; Irene Pepple, NBA National Assistant Financial Secretary; Sylvester Adaka, Chairman of NBA Port Harcourt branch/TCCP member; Omubo Frank-Briggs, former Chairman, NBA Port Harcourt branch; Cordelia Eke, former Secretary NBA Port Harcourt branch/TCCP member and Mrs. Briggs, Publicity Secretary of NBA Port Harcourt branch.

The NBA President used the ocassion to formally invite the Governor of Rivers State to the Annual Conference holding between August 23, 2019 to August 29, 2019. Governor Wike, in his response, promised to partner with the NBA in it’s pursuit of enthronement of rule law in the polity, and assured the NBA that the Rivers State Government would partner with the NBA in ensuring a successful Conference. 

Kunle Edun

Chairman, TCCP Media & Publicity Sub Committee.

Gender-Based Violence (GBV),
sometimes also referred to as Sexual and Gender-Based Violence (SGBV) is any
harmful act of sexual, physical, psychological, mental, and emotional abuse
that is perpetrated against a person’s will and that is based on socially
ascribed (i.e. gender) differences between males and females.
1 IN 3 women
worldwide will experience physical or sexual abuse in her lifetime. Men and
boys are also targeted. 

From January to December
2017, a total number of 1,639 survivors and those at risk of SGBV were referred
to access specialised services including psychosocial counselling, medical
care, legal and safety and security services. Out of these, 156 survivors
accessed case management services and 226 benefited from legal assistance
through UNHCR’s Access to Justice project implemented in Northeast by the
Nigerian Bar Association (NBA).

Furthermore, issues that
have escalated the incidents of sexual and gender based violence in Nigeria includes
the high rate of terrorism in some parts of the country. The prevalence of sexual
violence within the Boko Haram crisis has been widely reported in humanitarian
assessments, human rights reports and media coverage from the early days of the
insurgency. 

Boko Haram’s abuses against women and girls, including abduction,
forced conversion to Islam, physical and psychological abuse, forced labour,
forced participation in insurgency operations and forced marriage, rape, and
other sexual abuse have inspired fear among local communities in north-east
Nigeria and contributed to the group’s notoriety, both within the region and
globally. However, while Boko Haram’s violence against women and girls has been
at the center of public attention to the crisis, delivering protection and
support for women and girls has been an ongoing challenge in the humanitarian
response.

These and many more issues
would be discussed at the Annual General Conference of the Nigerian Bar
Association. Experts and legal practitioners will seek to chart a course to
reducing the incidences of SGBV in Nigeria. Join the discussion at the
#NBAAGC2019 breakout session.

Many lawyers are quite
unhappy at the high rate of multi-disciplinary firms encroaching into the legal
space to offer services that used to be the exclusive purview of lawyers. For instance,
some banks have begun to offer business registration services to their clients
and also help their customers draft wills. All these while lawyers are still battling
with foreign trained lawyers & foreign based law firms who also seek to
encroach the Nigerian space.

Most certainly, lawyers have
raised their voice against such practices in the past but because there is
really no legislation to this effect, there seems to be no succor for Nigerian
Practitioners. Most certainly the higher echelon of the Nigerian Bar
Association is aware of this intrusions but nothing has been done to stem the
practice.

What however will lawyers like
to see? Legislation to this effect with penalty of fines? What mode should this
legislation take?

Most certainly, these issues
and more will be discussed at the Breakout session of the NBA Annual General
Conference, it will be great for Lawyers to join the discuss in other to
channel a way while facing our future.

The Oil and Gas industry in
Nigeria hit a big boom when Nigeria discovered oil. The history of oil
exploration in Nigeria dates back to 1903 when Nigerian Bitumen Corporation conducted
exploratory work in the country, at the onset of World War 1 the firm’s
operation was stopped. 

Towards the end of the 1950s,
more British firms were given a license to explore for oil and now Nigeria has
become one of the largest exporters of oil in Nigeria.

Right now, oil exports
represents the highest percentage of Nigeria’s income and continues to be the
major life blood of the Nigerian economy.

Though, the major players in
Nigeria’s oil and gas industry continues to be foreign companies, there is a
huge cry for an effective local content policy and technological capacity
building especially for SMEs in the sector. 

It is true that human
capital development is undoubtedly the pivot for meaningful programme of
economic development of Nigeria and indeed of any country. Furthermore, in the
absence of substantial investment in the development of human capital in any
country, sustained economic growth and development would only be a mere wish.

It is important to note that
despite the huge investment made by the Nigerian government in the oil and gas
sector of the economy, the GDP growth has remained insignificant which can be
attributed to lack of human capital. Most definitely, this needs to change as
we certainly have to see more human capacity development in the oil and gas
sector.

A number of experts will get
together to discuss the topic at a breakout session of the Annual General
Conference. This is quite important for lawyers to participate in this session
as it promises to be insightful.

@legalnaija

The world is a global
village thanks very much to the development and advancement of technology and
tech colutions all over the world.

Technology is bridging many
gaps and the rate of intellectual properly solutions being created everyday is
amazing. Most certainly Artificial intelligence (AI) cannot be left out of
this.

For instance, the
constitutions of fintech markets to the Nigerian economy is well appreciated as
well as the innovations being introduced in many spheres of life.

With this near creations
however come quite a number of Intellectual Property Rights. These rights are
also unique due to the high level collaborations that make up these
innovations.

Most definitely, science is
evolving and the advancement of new technology will benefit all of man-kind.
Another it’s introduction has certainly caused some disruption in certain
climes. 

Intellectual property comes
from creativity and its forms include Trademarks, Copyrights and Patents.

With the advent of these
inventions will also come the corresponding rights that will accrue to its
owners.

Join the discussion at the
Annual General Conference of the NBA as a session is specially reserved for
this topic. It is indeed important as Lawyers must certainly understand the
roles they play.

There was a time in the
Nigerian Legal system when the Evidence Act did not recognize the use of
Electronic Evidence. At that time, parties who wanted to introduce electronic
evidence were left at a statement.

However, pursuant to the
introduction and recognition of electronic filing in the amended Evidence Act,
times indeed changed for many Lawyers and litigants alike.  According to the Evidence Act, a procedure for
any party that seeks to tender computer – generated evidence with the innovation
and advancement of technology is important that our legal system also advances
and is not left behind. 

The way our Evidence Act was updated, the culture of
updating our evidence laws must be a continuous one. During the NBA Annual
General Conference, a number of experts will gather to discuss this topic and
show light on some of its ramifications.

These experts include the
learned skills, Roland Otaru SAN, Prof Joseph AMUPITAN san and Hon. Justice
B.B. Kanyip, a Judge of the National industrial court of Nigeria.

It is important that all
legal practitioners, most especially Barristers and Litigators are present to
join the discuss and contribute to advancing our body of Laws.

@Legalnaija.