Nigeria currently does not have any specific law addressing workplace harassment. Internationally workplace harassment has been recognized as a serious issue, the International Labor Organization (ILO) has established global standards aiming to end workplace violence and harassment in the workplace.
The ILO introduced the first international convention on the fight against work harassment and gender-based violence in the workplace, the convention is titled the ILO Convention No. 190 also known as C190, the convention was adopted in June 2019 and came into force on 25 June 2021,[1] Article 6 of the convention stipulates that each member nation shall adopt laws, regulations and policies ensuring equality and non-discrimination in employment and occupation.
The ILO also introduced the Promotional Framework for Occupational Safety and Health Convention 2006, ILO Convention No.187, the aim of the convention is to protect employees against illness, disease and injury arising out of work duties. The convention was adopted in 2006 and entered into force in 2009, Article 5 stipulates that each member shall formulate, implement, monitor, evaluate and periodically review a national programme on occupational safety and health.
However, Nigeria is yet to adopt a specific law addressing these issues. Although, there is no specific law addressing workplace harassment in Nigeria, there are still laws in Nigeria that address the issue of harassment generally and some of the salient provisions include:
The 1999 constitution of the federal republic of Nigeria as amended.
The constitution does not provide for a specific provision on harassment. However, an employee could sue for a breach of his/her fundamental human rights particularly the breach of his/her right to dignity of human person in Section 34 of the Constitution and breach of his/her right to freedom against discrimination as stipulated in Section 42 of the Constitution.
An employee who is facing workplace harassment can institute an action for breach of his/her fundamental human rights via originating summons or originating motion/application based on the fact that the employee has been discriminated on or there was a breach of his/her right to human dignity guaranteed by the 1999 Constitution of the Federal Republic of Nigeria.
Criminal code act 2004
Generally, the criminal code provides for assault from Section 351 to 363, any person who commits assault in general is liable to imprisonment for at most one year as provided in Section 351 of the Code. However, if the person is guilty of serious assault as defined and provided for under the code, the person is liable to imprisonment for three years as provided for under Section 356 of the Code.
The code also criminalizes rape, Section 357 of Code that any person who has unlawful carnal knowledge of a woman or girl, without her consent or consent is obtained by force or with threat or intimidation or by means of fraudulent representation, the person is guilty of rape and the person is liable to imprisonment for life with or without canning. Thus, a woman who faces workplace harassment and gender-based violence in the south can sue for either criminal assault, serious assault or rape depending on the ingredients of the offence and gravity of the offence.
However, under the criminal code a man cannot be said to be raped, the code states that anyone who has unlawful carnal knowledge of a woman or girl without her consent commits rape. This definition excludes men/boys from the classification of persons who can be raped.
Penal code act
The Penal Code Act also criminalizes assault as seen in Section 264 to 270 of the Code, Section 265 of the Code provides for at most one-year imprisonment or with a fine of at most ten thousand naira for an assault or criminal force caused without provocation while Section 266 of the Code provides for assault caused by provocation and any person who commits such acts will be liable to at most one year imprisonment or with a fine of two thousand naira or both. The code also criminalizes rape in Section 282 to 285 of the Penal Code. Thus, a woman who faces workplace harassment and gender-based violence in the north can sue for either assault or rape depending on the ingredients of the offence and gravity of the offence.
However, like the criminal code, the penal code also excludes men from the classification of persons that can be raped, the code states that anyone who has sexual intercourse with a woman without her consent or against her will commits rape. This definition excludes men from the classification of persons who can be raped.
The violence against persons (prohibition) act 2015
The Act aims to eliminate violence in private and public life, prohibit all forms of violence against persons and to provide maximum protection and effective remedies for victims and punishment of offenders. Though, as of 2023 the Act is yet to be adopted in Lagos and Kano state but is adopted by all other states in Nigeria. However, the Act made a significant departure from both the criminal and penal code by including men in the definition of persons who can be raped.
Conclusion
Though there is no extensive provision on workplace harassment in the workplace in Nigeria. However, there exists provisions against assault and rape in Nigeria that can used to deter and punish workplace harassment in Nigeria. Also, significant improvement has been made to the laws on harassment by the introduction of the Violence Against Persons (Prohibition) Act 2015, however for the full effect of the law to be actualize all states must adopt it into law.