Sexual harassment in Nigeria’s tertiary institutions has become a pervasive issue, sparking nationwide concern.
From damning reports of lecturers caught red-handed to stories of female students coerced into sexual relationships, the situation has reached alarming levels.
Despite previous legislative attempts to address the problem, the lack of enforceable laws has left many students vulnerable, raising questions about accountability in the education system.
Legislative Action: A Step Forward
In July 2020, the Nigerian Senate passed a bill aimed at curbing sexual harassment in tertiary institutions. This bill sought to criminalize such acts, prohibit exploitation, and create mechanisms for redress.
Read Also
The senators noted that internal institutional policies were ineffective, inadequate, or altogether non-existent. The legislation aimed to create a safe and conducive learning environment for students, free from intimidation or abuse.
However, the bill passed by the 9th Assembly failed to become law due to either lack of concurrence from the House of Representatives or the president’s refusal to sign it. This setback highlighted systemic challenges within the legislative process, leaving students at the mercy of a broken system.
Renewed Hope in the 10th Assembly
Fast forward to 2023, the 10th House of Representatives revisited the bill, with Akintunde Rotimi (APC, Ekiti) championing the cause. This revived effort has reignited hope among students and education advocates. The National Association of Nigerian Students (NANS) President, Lucky Emenife, called the bill a “new dawn” for education in Nigeria, urging the Senate to expedite its passage.
Omowunmi Ogunrotimi, a gender advocate, and Choice Enebeli, a legal expert, agreed that existing legal frameworks like the Criminal Code, Penal Code, and Violence Against Persons Act were insufficient to address the complexities of sexual harassment in educational institutions.
Resistance from ASUU
Despite widespread support, the Academic Staff Union of Universities (ASUU) has voiced strong opposition to the bill. ASUU argues that:
- Autonomy: Universities are independent entities capable of managing misconduct internally.
- Discrimination: The bill unfairly targets tertiary educators while ignoring harassment in primary schools, secondary schools, workplaces and the home front.
- Existing Laws: ASUU claims sufficient laws already exist to address sexual offences, including the Violence Against Persons Act.
However, proponents of the bill, such as Senator Opeyemi Bamidele, have dismissed these claims. They argue that internal university policies lack legal backing and that the prevalence of harassment necessitates a specific, enforceable law.
Key Provisions of the Bill
The bill defines educators broadly, including lecturers, administrative staff, tutors, and even student supervisors in positions of authority. It outlines a fiduciary duty of care, prohibiting educators from exploiting students for personal or sexual gain. Key highlights include:
- Complaint Mechanism: Students or their representatives can file complaints with law enforcement, institutional heads, or independent harassment committees.
- Penalties: Offenders face imprisonment of 5–14 years without the option of fines.
- False Complaints: Safeguards against malicious allegations, with penalties for proven false claims.
- Institutional Accountability: Institutions must establish independent committees to address harassment cases or face sanctions, including a fine of ₦5 million.
The law also specifies that consent cannot be used as a defense if a power imbalance exists between the student and educator, except in cases of legal marriage.
Concerns About Implementation
While the bill addresses a critical issue, it has sparked debate over its fairness and practical enforcement. Critics worry that:
- Educators may face false accusations without adequate safeguards.
- The law could be used to victimize innocent lecturers.
- Provisions against “unwelcome advances” might lack clear definitions, leading to subjective interpretations.
Moreover, the bill does not address cases of students making advances toward lecturers or using seductive dressing to curry favor, leaving a gap in the conversation about mutual accountability.
A Path Forward
The bill, if passed into law, could provide a much-needed framework for protecting students and holding offenders accountable. However, its success will depend on:
- Effective Enforcement: Ensuring institutions comply with the law and maintain impartiality in handling cases.
- Public Awareness: Educating students and staff about their rights and responsibilities under the law.
- Continuous Review: Periodic updates to address emerging challenges and loopholes.
Sexual harassment in Nigerian tertiary institutions is a reflection of deeper societal issues and a reflection of the level of moral decadence in Nigeria.
Addressing it will require not just legislation but a cultural shift that prioritizes respect, accountability, and justice for all.
