How do I seek civil law remedies?

• The victim:

A victim of sexual harassment can approach a court and sue for legal remedies.

• Family members and those close to the victim:

Also, the family members, friends and well-wishers of a victim can do same.

• Where the victim wants to enforce fundamental human rights: 

Any person can file and pursue a case of enforcement of fundamental human right on behalf of another person.

• To obtain a protection order on behalf of a victim:

Any person, including a counsellor, health service provider, member of the Nigeria Police Force, social worker, organization, or teacher, who has an interest in the well-being of the complainant,

The Lagos State Prohibition Against Domestic Violence Law 2007

Section 2(3): “Notwithstanding the provisions of any other law, the application, may be brought on behalf of the complainant by any other person; including a counsellor, health service provider, member of the Nigeria Police Force, social worker, organization or teacher, who has an interest in the well-being of the complainant ….”,

1. An Employer

Yes, a victim of workplace sexual harassment can file a civil lawsuit against her employer for the damages incurred because of the sexual harassment in workplace, such as lost wages, medical treatment, and pain and suffering. Employers have a duty to provide employees a safe working environment that is free from all forms of discrimination.

An employer may be held vicariously liable for acts of sexual harassment perpetrated by its employee as seen in the Microsoft case. This is possible where it can be shown that reports were made to the employer and the employer did little or nothing to address the issues effectively.

1. A Harasser/An Employee

A harasser can be sued for sexual harassment, whether under civil law or criminal law (through government prosecutor). This also applies to any person that supports a harasser.

The Violence Against Persons Prohibition Act, 2015 (VAPP Act)

the VAPP Act has specific punishments for any form of inciting, aiding, abating, counseling, assistance, and support for the commission of any of offence, including sexual harassment.

By Order 14 Rule 1 and 2 of the National Industrial Court (NIC) Civil Procedure Rules, the following details must be indicated by a claimant or her counsel in the written complaint brought before the court.

1. Whether the conduct was of a physical sexual nature
2. Whether it was a verbal form of sexual harassment
3. Whether it was a non-verbal form
4. If the claim falls under quid pro quo form of harassment.
5. Whether it was on the basis of gender, i.e., gender related.

Also, where a victim is seeking for an interim Protection Order (under the Lagos State Protection Against Domestic Violence Law), the victim needs to show that the harasser is committing or has committed an act of domestic violence; and that undue hardship may be suffered by the complainant because of such domestic violence, if a protection order is not issued immediately.

Bringing a civil claim can be challenging and as such needs some skill. Any person can bring a civil claim personally or through a legal practitioner. However, it is advisable civil claims are filed in courts through legal practitioners.

Civil Case Against an Employer

A female victim of sexual harassment in a workplace can sue her employer, (which in most cases is the company or organization that you work for). This will enable the victim to seek damages and compensation for any loss, care, hospital bills and treatments. This is possible since for every case of workplace sexual harassment, an employer can be held vicariously liable under a civil claim.

Employers are the owners of workplaces; they are responsible for bringing people together to work. As such, an employer has a duty to ensure that no employee is maltreated and sexually harassed by another employee or the employer. Where an employer fails in this duty, the employer must pay for his/her negligence.

A victim hoping to be awarded damages, monetary compensation for any injury or loss (whether physical, emotional, financial etc.) suffered because of sexual harassment, needs to sue her employer. After all, it is the employer that engaged a harasser, it is the employer that failed to avoid the sexual harassment and the employer is “where the money is”. A harasser who is a co-worker may not be financially buoyant (when compared to the employer) and may not afford the kind of money that a victim may need to be treated and compensated.

However, the victim must first ensure that she reports any case of sexual harassment to her employer and she should keep good records of her reports and any intervention by the employer. Note that, suing an employer does not prevent a victim from also suing the harasser.

Civil Case Against a Harasser.

This option could cover issues of enforcement of fundamental human rights and torts (assault and trespass to person).

1. Procedural steps

Approaching a court of law to seek justice against a harasser requires some technical skills and information. Below are tips that will help the process of seeking civil remedies:

1. Determine the nature of the harassment and gather evidence to support it.
2. Consult a lawyer (preferably, a lawyer with relevant skill and experience)
3. Based on a lawyer’s advice, the employer will be written to make demands for compensations and any other related issues.
4. Where the employer fails to honour the demands of the victim, the lawyer of the victim, may advice that a civil case (action) be filed in court.
5. The lawyer will prepare all revenant documents, relying on facts to be provided by the victim and all necessary documents will be filed into court (the National Industrial Court). The employer will be served and made to appear in court and show reasons why it should not pay compensation.
6. A lawyer owes a professional duty to his client (the victim) and must always guide the victim properly. A victim has the powers to disengage his lawyer and engage a new lawyer at any time.

Going to court to seek justice offers civil law remedies to victims of sexual harassment. Among such remedies are:

Monetary Compensation:

A certain amount of money may be awarded to a successful Claimant (victim of sexual harassment) as compensation for any pain, loss or injury suffered because of sexual harassment.

Stella Ayam Odey v. Ferdinand Daapah & Cuso International (2017),

The Claimant was subjected to sexual harassment from a week after her employment till a period of 6 months. The harassment included saying her voice arrests him, slapping her buttocks and embracing her against her consent. Subsequently, the claimant’s wedding invitation was given to the 1st defendant and he demanded that the Claimant resign but she refused. As a result, her employment was terminated. The Court held the fundamental right of the Claimant to have been breached and awarded a special damage sum of N16,862,511.00.

Restraining orders

The Restraining Order, (also called a “protective order”) is a court order that can protect victim from a harasser to avoid continued harassment or subsequent harassment. A Protective Order prevents the harasser from coming close to the victim or sharing a property with the victim. For example, 200 meters may be ordered by the court to be maintained by a harasser away from a victim.

Key resource: thenigerialawyer.com, for more information visit their website via this link.

Apology

Where in a civil case there is an application for the enforcement of fundamental human rights, a court can order a harasser to write and publish an apology.

Any other remedy

The court can order anything that the court considers appropriate for the enforcement of fundamental human right of a victim.