Work place harassment claims: When justice becomes a tool for vengeance, by Zubairu Aliyu

There is an unspoken fear rising in workplaces across Nigeria, a fear that extends beyond harassment itself. It is the fear of being falsely accused, the fear of having one’s words twisted, and the fear of losing everything because a private conversation was turned into a weapon.

This is not just about protecting women from harassment; this is about protecting justice itself.
Workplace harassment is a serious offense and should never be tolerated. But what happens when an accusation is manufactured, misrepresented, and used as a sword rather than a shield?

In the case where a female employee visited her superior’s office and they got engaged in a friendly chat, during which she recorded their over 30-minute dialogue, without his consent. The conversation ranging from inquiries about her family, to work-related discussions. Notably, the superior expressed a desire for a closer rapport, suggesting she become his confidant and friend. The employee agreed to be his confidant and friend but then said, she won’t become the thing he mentioned. As the conversation progressed, the employee said she thought his birthday was that day and even brought a gift along for the superior. There was no coercion, no threats, just simply exchange of words. This same employee also attended the man’s birthday the following day.

However, the narrative took a dramatic turn when she released the recording online, collaborating with civil society groups to petition the Independent Corrupt Practices Commission (ICPC), alleging sexual harassment and advocating for the superior’s impeachment.
We must ask ourselves: Is this justice?

What does the law say about sexual harassment?

Sexual harassment is not a matter of perception; it is defined by law.

The Nigerian Labour Act (Cap L1, LFN 2004) does not explicitly define sexual harassment but provides general protections against unfair treatment and workplace discrimination
Under Section 63 of the Ekiti State Gender-Based Violence (Prohibition) Law, 2019, sexual harassment occurs when:

“Unwanted conduct of a sexual nature or other conduct based on sex or gender is persistent or serious and demeans, humiliates, or creates a hostile or intimidating environment.”

The key element is:

1. Unwanted: There must be evidence that the victim explicitly rejected the advances.

2. Persistent or Serious: A one-time comment or friendly conversation does not amount to harassment unless it is severe or repeated.

3. Demeaning or Intimidating: The conduct must create a hostile work environment.
Now to the facts in this case.

1. The woman never expressed discomfort during the conversation, she was very lively.

2. She agreed to be his confidant and later attended his birthday.

3. There is no evidence of coercion, or threats.

So, does this meet the legal definition of harassment? The answer is clear: No.

Harassment according to Black law dictionary is defined as;
“Words, conduct, or action usually repeated or persistent that being directed at a specific person, annoys, alarms, or causes substantial emotional distress to that person and serves no legitimate purpose; purposeful vexation.”
While Gender-based harassment, as” Harassment motivate by hostility and intended to enforce traditional heterosexual norms and roles to discourage what is seen as nontraditional behavior.”

Under Order 14 of the National Industrial Court (NICN) Civil Procedure Rules, harassment requires coercion, threats, or intimidation.
This was not a case of coercion but a mutual workplace relationship that was later twisted into an allegation.

The question is: If no harassment took place, why was the recording made?

If the purpose was to blackmail, defame, or manipulate, then it is not just violation of fundamental human rights but it is also criminal act.

The Violation of Privacy (Section 37, 1999 Constitution)
Nigeria’s 1999 Constitution, Section 37, guarantees the right to privacy:

“The privacy of citizens, their homes, correspondence, telephone conversations, and telegraphic communications is hereby guaranteed and protected.”

Recording someone without their consent is an outright violation of their constitutional right.
criminal.

Blackmail and Cyberstalking:

Blackmail Under the Criminal Code (Section 409) Under Section 409 of the Nigerian Criminal Code, blackmail is defined as:
“The act of demanding something by threatening to harm someone’s reputation or career.”

If the woman leaked the recording to force the superior out of office, or to pressure him into giving her benefits, then she is not a victim—she is a blackmailer.

Cyberstalking Under the Cybercrime Act (Section 24)

The Cybercrime (Prohibition, Prevention, etc.) Act, 2015, Section 24, criminalizes:
“Knowingly sending or sharing information that causes annoyance, inconvenience, or anxiety to another person.”

Leaking private conversations to destroy someone’s reputation is cyberstalking.

Unauthorized Processing of Personal Data:

The Nigeria Data Protection Act (NDPA), 2023, establishes clear guidelines on the lawful processing of personal data.

What is Personal Data?

Section 71 of the NDPA defines personal data as:
“Any information relating to an individual who can be identified, directly or indirectly, including by reference to an identifier such as a name, voice, or location data.”

Since an individual’s voice is a unique identifier, any recording of a private conversation constitutes personal data under the law.

According to Section 24 of the NDPA, processing personal data must:

1. Be fair, lawful, and transparent.

2. Be collected for legitimate and explicit purposes.

3. Not be excessively or unlawfully processed.
By secretly recording a conversation without consent, the woman has unlawfully processed personal data, violating the NDPA.

Are There Exceptions?

Under the NDPA, personal data can be processed without consent only in cases of public interest, national security, or law enforcement.

Did the conversation reveal a crime? No.
Did it expose a serious public wrongdoing? No.
This means that the unauthorized recording and public release of the audio was a violation of privacy rights.

Blackmail Under the Criminal Code (Section 409) Under Section 409 of the Nigerian Criminal Code, blackmail is defined as:

“The act of demanding something by threatening to harm someone’s reputation or career.”

If the woman leaked the recording to force the superior out of office, or to pressure him into giving her benefits, then she is not a victim—she is a blackmailer.

Cyberstalking Under the Cybercrime Act (Section 24)

The Cybercrime (Prohibition, Prevention, etc.) Act, 2015, Section 24, criminalizes:
“Knowingly sending or sharing information that causes annoyance, inconvenience, or anxiety to another person.”

Leaking private conversations to destroy someone’s reputation is not activism—it is cyberstalking.

Conclusion

The reality is the law heavily favors the accuser, making innocent men vulnerable to professional and personal destruction.
We must recognize that weaponizing harassment claims harms real victims because every false allegation makes it harder for real victims to be believed.

The fight against workplace harassment must not become a weapon to destroy innocent lives.

If a crime has been committed, the law must take its course. But if an accusation is a calculated move to ruin a career, then we must hold the accuser accountable.

Nigeria must wake up to the reality that justice is a two-way street. False accusations are just as damaging as real harassment.

Zubairu Aliyu S. Esq.
Legal Practitioner
Abuja