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

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.