SEXUAL HARASSMENT IN NIGERIA: WE NEED A SEXUAL HARASSMENT IN TERTIARY INSTITUTIONS BILL

Sexual harassment refers to all forms of unwelcome sexual behaviour, whether oral, physical or written. For instance, catcalling on streets or market, demanding for sex in return for academic or

 professional favours, amongst others, constitute sexual harassment. We live in a society with high level of tolerance to impunity and ‘selective morality’, at the detriment of the lives, well-being and development of citizens. Thus, the alarming prevalence of sexual harassment in the country especially from those with the responsibility to guide and protect young people in their care is not surprising. Daily, there are reports of women and girls, predominantly, being harassed by their teachers, lecturers, colleagues, employers, religious leaders and even passersby.

One of the recently reported cases involves post-graduate student, Monica Osagie and Professor, Richard Akindele of Obafemi Awolowo University, Ile-Ife. With supporting audio-recordings, Monica alleged that the Professor wrongfully failed her and demanded for sex in return for better grades. After much agitation from the public, the University set up a committee to investigate the allegations and placed Akindele on suspension pending the outcome of the investigation. Upon conclusion of the committee investigation, the University issued a press release stating that, indeed Professor Akindele had an inappropriate relationship with his student Miss Osagie and that Professor Akindele operated in a position of power and authority over Miss Osagie and as such sexually harassed her, amongst other findings.

According to the press release by the University, it has been decided that Professor Akindele should be dismissed from the services of the university for gross misconduct. The OAU scandal even gained the attention of the Nigerian Senate, as the lawmakers passed a Motion on the growing trend of sexual harassment in higher institutions of learning, in view of the case. The Senate resolution mandated its Committee on Tertiary Institutions, and Judiciary, Human rights and Legal matters to carry out a full scale investigation on the case of Monica Osagie and Richard Akindele. The motion has also called on the House of Representatives to move quickly to pass the Senate Bill on Sexual Harassment in Tertiary Institutions which has already been transmitted for occurrence.


This unfortunate case is definitely not new to the public ears as it is a regular occurrence in many educational institutions across the country. This is as a result of those holding positions of trust in said institutions persistently abusing pupils and students with little or no consequence. Hence, in a bid to curb this occurrence, Senator Ovie Omo-Agege introduced the Sexual Harassment in Tertiary Institutions Bill, in 2016. It is a welcome development as it shows that lawmakers at the least recognise sexual harassment as a menace that needs to be tackled. The major aim of the Bill is to ensure stricter statutory protection for students in a bid to eliminate all forms of sexual harassment, whether verbal or physical in tertiary institutions by criminalising such acts of sexual exploitations of the student-teacher relationship.

The content of the Bill is somewhat rich in its provision as it acknowledges the various forms of sexual harassment and one of the ways it defines sexual harassment in section 4 is ‘any unwelcome implicit or explicit behaviour, suggestions, messages or remarks of a sexual nature that have effect of offending, intimidating or humiliating the student…’ also as ‘any implied or expressed promise of reward by an educator to a student or related person for complying with a sexually oriented request or demand’. Interestingly, under this proposed law both academic and non-academic staff can be held liable for sexual harassment, which also includes all involved in the full-time or part-time academic training, teaching, advising, supervising and education of the student. The Bill further highlights that the consent of a student is immaterial as it in no way a defence for the lecturer, who may wish to argue that the student was willing to engage in sexual activity. The penalty for those convicted under the provisions of this Bill is a minimum of 2 years imprisonment without an option of fine. Whilst we applaud, the introduction of the Bill, we note key gaps and observations that can be strengthened for the benefit of all Nigerians, especially young women and girls.
Sexual Harassment in Tertiary Institutions- a Bill seeking to tackle sexual harassment in the society should not focus only on tertiary institutions as this is not the only place where it occurs. What law will protect the woman whose boss has told her she must have sex with him before she can be promoted? Or the young girls who are sexually harassed during Internships or Industrial training (IT)? Or pupils in primary schools whose teachers constantly pass sexual remarks about their bodies? Or the young woman in politics who has been told to meet a Mr X in room 007 to be guaranteed an elective or appointive position? We strongly note that it is imperative that a Sexual Harassment Bill caters not only to tertiary institutions but all levels of educational institutions, as well as work and business environments. It should be a Bill to prohibit Sexual Harassment in all public and private settings with specific reference to all educational and religious institutions as well as work and business premises. It should set in place measures to ensure accountability for all persons in positions of authority and trust such as employers, teachers, lecturers, professors, supervisors, and mentors amongst others. As previously stated, we support the introduction of the Sexual Harassment Bill as it indeed counterproductive for society to promote the education of the girl child whilst condoning a hostile environment that makes learning difficult for them. However, we must do what we can to ensure that all persons in whatever sphere is covered by the law so no one is left behind.
Sexual Harassment policy- An effective means to tackle this violation is through prevention and this includes making it mandatory for all employers of labour to have a zero tolerance sexual harassment policy. The Bill should mandate organisations, institutions, parastatals, etc. to have stiff measures to deter its occurrence, implement a policy that raises awareness of sexual violence and sexual harassment, including provisions respecting the prevention and reporting of sexual harassment, address training on issues of sexual violence and sexual harassment and establish complaint procedure that should be effective and uncompromising for sexual harassment. Sexual harassment is a form of gender-based discrimination and a gross violation of human rights that ought to be treated with a zero-tolerance approach.
Sexual Offender Registry- A key omission is that the Bill fails to state that those convicted under this law should be registered under the sexual offenders register, which shall be accessible to members of the public. Such registration will arm institutions and citizens with information to protect themselves from sexual predators. It will provide law enforcement agents with a database of information to help monitor sex offenders to deter possible occurrence.

The provisions of the Sexual Harassment Bill truly needs to take into account the needs and vulnerabilities of women and girls in society, which obviously goes beyond the confines of tertiary institutions. Hence, it is pertinent that steps are taken to ensure that the proposed law protects women and girls at school and in other public and private spaces.

Fiberesima Ibitein a young lawyer and gender equality champion who firmly believes in upholding the dignity, bodily integrity and autonomy of women and girls. She currently works with Education as a Vaccine under the Advocacy and Policy Influencing Unit as Program Officer. She resides in Abuja.