Retract Sexual Harassment Allegation Against Akpabio, Olisa Agbakoba Tel...

What's at issue is whether Senator Natasha Akpoti 'realistically' have a case

"Personally, I don't deal much in theory. I have to deal with facts..., Unfortunately, the law has nothing to do with justice, it's merely a method for dispute resolution"-Michael Crichton.

I think people should be objective and open to critical reasoning instead of allowing emotions to becloud their  judgement on sensitive issues of sexual harassment. Harassment is not in the eyes of the beholder, especially when it involves a Senator who is highly placed and presumably more free to act. Dr Olisa Agbakoba, a Senior Advocate of Nigeria and the former President of the Nigeria Bar Association has described the allegation against the Senate President as "clearly false and unsubstantiated", demanding a retraction by the female Senator. According to Dr Agbakoba who is also the Senate President's lawyer, Senator Natasha Agboti-Uduaghan has failed to clarify contradictions in her sexual harassment allegations on 8 December 2023 and her exaltation of Senator Akpabio on her Social Media accounts on 9 December 2023, the day after she alleged he sexually harassed her. In his words, "Rather than clarify this contradiction, you deleted the social media posts, which to us is extremely concerning. No matter what was said about Senator Akpabio, the duty to prove the allegation rests with the female politician" 

No doubt, deleting such sensitive social media posts shows some degree of dishonesty which will definitely not help her harassment allegations. Those posts clearly shows she was a willing participant in all the events . The courts distinguish between behaviour that is voluntary and behaviour that is welcome. And there isn't any record, or any witnesses. It will be very difficult to get any Senator to testify against the Senate President. Without any witness and documentary evidence, it's her word against his, in addition to establishing her motives for the claims. Making a profane or , 'scatological' joke is not sexual harassment, even though a listener may find it offensive. Discrimination on the basis of gender does not arise here. She's not the only female Senator in the Senate and research has shown that sexual harassment is not of gendered nature.  Ancillary evidence of harassment- She was suspended not fired and the Senate President does not have the power to hire and fire a fellow Senator. Her suspension is based on Senate rules which guides the business of the Senate, so hostile working environment may not fly. "A harassment claim brings up the entire performance of an employee. If there is dereliction, even a very old or minor dereliction, it may be used to dismiss the claim. I had one client who worked for a company for ten years. But the company was able to demonstrate that the employee had lied on the original application form, and the case was dismissed. The employee was fired"- Michael Crichton. The truth is, this scandal is damaging to all parties, no matter the outcome. Poisoned future relations will not be good for the business of the Senate and their future political careers. We 're all just human, nobody is perfect. They say, it's natural for a man to lose control when it comes to beautiful women. Senator Natasha Akpoti-Uduaghan needs to accept this reality and get on with it. How come we're all so convinced that Senator Akpabio must have done something when it's not proven? She may be seeking to bringdown the Senate President and she is going to hurt her-self much more. Perhaps, this 'ruthless demeanor' that we are seeing, is "calculated, manipulative attitude by an individual who will do anything-anything at all-to get ahead, to make a name for herself at the expense of others, who will savage the reputation of anyone who stands in their path..,It simply won't work-it hasn't worked. That's all"-Michael Crichton. We are not wishing away harassment, but ridiculous harassment claim is a senseless distraction to governance. The proper thing to do is to get it resolved quickly and quietly to the satisfaction of everyone involved. Unncessary media publicity isn't going to do her any good at all.

Uche Okeke lives in London. Visit this blog regularly as we seek to communicate the truth and uphold the values that matter most
 

Satrical Apology letter does not prove harassment claims

"I now realise the catastrophic consequences of my actions- legislation delayed, tempers flared, and the tragic bruising of egos so large they require their own postcodes. For this disruption to the natural order of "quid pro quo", I bow my head in fictional shame. Please find it in your magnanimous heart-somewhere buried deep beneath layers of entitlement to forgive this stubborn woman who mistakenly believed that her seat in the Senate was earned through elections, not erections"- Senator Natasha Akpoti.

Harassment is a big mess for everyone. Investigations of sexual harassment goes beyond conventional rhetoric and gossipy social media craziness. No one is flawless. Sexual harassment claims don't exist in theory, but facts.  Change behaviour remains the only solution. Sexual harassment claims often have this quality-people feeling angry and wronged, and they think they have the rights that they simply don't have. In the absence of witnesses or corroborating evidence, that isn't going to be an easy story to sell to a jury. According to Michael Crichton; "Even in the most clear-cut situations-the most extreme and outrageous situations-sexual harassment is notoriously difficult to prove. Most cases occur behind closed doors, with no witnesses. It's one person's word against another's. In that circumstance, where there is no clear-cut corroborating evidence, there is often a prejudice against the man" .

Whether people believe Senator Natsha Akpoti-Uduaghan or not is not at issue. What's at issue is whether she realistically have a case, and therefore what she should do in her circumstances. Many harassment complaints are made without the requisite elements and many findings of harassment are made without understanding the core principles. The fact that a co-worker takes offence does not mean harassment has occurred. Conflict and accusations do not equate to harassment. Sadly, harassment allegations are increasingly serving as a weapon of office politics, so the improper weaponisation of harassment is as much the fault. "The improper weaponisation of harassment is as much the fault of employers who misunderstand it as of those employees who deliberately and in bad faith invoke it"-Howard Levitt. Her accusation makes no sense if she's unable to prove it, unless she is using it as a convenient way to destroy the Senate President as he claimed , having denied the allegations. 

Ofcourse, this will be irresponsible and ruthlessness. I think the important thing is to get this resolved quietly. Everybody is already clear on what's going to happen. Mediation is invariably to the benefit of all the parties. That will be best for everyone. Everyone has been distracted by this scandal, it should not be allowed to continue. There is no reason to assume he's wrong and she's right. In the words of Michael Crichton, "It's not clear what happened. It's not clear who did what to whom. So far, society's tend to focus on the problems of the victim, not the problems of the accused. But the accused has problems, too. A harassment claim is a weapon, and there are no good defences against it. Anybody can use the weapon-and lots of people have. It's going to continue for a while" . If I were the female Senator, I would ignore profiteers, seek mediation and get back to work rather than seeking to attack the power structure to make a name for herself. The problem is always power. They say, ' fear nutures the power structure', so one wonders why choosing such a potentially dangerous route, unless she's up-to something which we are yet to find out. We all have to wait and see. If it backfires, she has nobody to blame but herself.

Uche Okeke lives in London

 

Sexual Harassment Claim is Distracting the Senate from Governance, says Agbakoba

"The widespread coverage has damaged our client's reputation locally and internationally. We are happy to allow you a reasonable time to clarify the contradictions that we have referred, while our client reserves the right to all legal options"-Dr Olisa Agbakoba (SAN), Former President of the Nigeria Bar Association-NBA.

Dr Olisa Agbakoba, who was the former President of the Nigeria Bar Association and lead counsel for Nigeria's Senate President, Senator Godswill Akpabio, has said, the sexual harassment allegation against the Senate President by the suspended Senator Natasha Akpoti-Uduaghan representing Kogi Central in the National Assembly has significant contradictions and failed international threshold, adding that she needs to provide more facts to make her case credible and more compelling. Dr Olisa Agbakoba stated this at a media briefing in Lagos State where he admonished media practitioners to maintain a balanced approach in reporting and handling of harassment complaints. According to Punch Newspapaper, he said he was interested in finding out the truth about the allegation of sexual harassment against the Senate President. "Allegations of sexual harassment is a serious matter that deserves careful handling. We acknowledge the difficulty faced by anyone making such an allegation and the importance of treating all parties with dignity. I have three daughters and so, understand the gravity of sexual harassment. I am ready to meet with Senator Natasha Akpoti-Uduaghan and her lawyers on the issue. Sexual harassment allegations, particularly in governance institutions, require careful handling not only for the parties involved but also for the integrity of our democratic institutions"  He cautioned that the matter be resolved through institutional processes rather than media channels, emphasising the importance of comittment to transparency and justice.In his own words, "sexual harassment is serious, also is presumption of innocence. Let the fact lead, not sentiment" 

Dr Olisa Agbakoba noted that Senator Akpoti-Uduaghan's local and international engagements have highlighted global concerns but contradictions in her claims and subsequent behaviour are very conflicting. The timeline and dates are so contradictory. He pointed out that while Senator Natasha Akpoti-Uduaghan claimed sexual harassment occured on 8 December 2023 ,which was her birthday and that of the Senate President on December 9, on the other hand she praised Senator Akpabio who she alleged sexually harassed her on December 9, 2023. "Senator Natasha Akpoti-Uduaghan who made a serious allegation  turned to her instagram to also eulogise Senator Akpabio and spoke highly of the birthday event she attended in Uyo, AkwaiIbom state. "The juxtaposition of these two events, an alleged traumatic harassment followed by voluntary, public expression of admiration requires careful consideration" He acknowledged that harassment could be verbal or behavioural but doubted any absolute physical act in respect of Senator Natasha Akpoti-Uduaghan and the Senate President. He strongly advised that people should ignore social media advice as they are not 'court-usuable'

In the wprds of Michael Crichton; "Sexual harassment is a very powerful accusation, the most powerful accusation anyone could make. It tarnishes any man, no matter how frivolous the accusation. You are presummed guilty until proven innocent. A harassment claim can also be a weapon and lots of people use it" Combatting sexual harassment in the workplace and beyound is possible.There is urgent need for awareness to create a safe and respectful environment in the workplace and society. Best Practice- It can also be very distressing for someone to be accused of sexual harassment. It's a very serious matter for them too. We should make sure that we offer the same kind of support that we would for someone who's made the complaint. Follow this blog regularly for fresh insights and fearless thinking. Everyone, a change maker !

Uche Okeke .