There is a long-running history of sexual harassment in Nigerian tertiary institutions and a history of perpetrators going unpunished, sometimes due to the absence of a concrete law that would bring them to justice or fear of stigmatisation and backlash on the part of their victims.
But whenever victims summon the courage to speak up against lecturers who demand sex for grades, their act of bravery is always followed by calls for the establishment of a law that would address sexual harassment in higher institutions.
On Wednesday, October 30, those calls were answered when lawmakers in the House of Representatives passed a bill criminalising the harassment of tertiary institution students. How exactly would this bill make the lives of students better? We give a breakdown below.
All institutions must have an anti-harassment committee
Before now, not all institutions had a committee that addressed sexual harassment, but this bill will change that. It makes it compulsory for administrative heads of tertiary institutions, such as Vice Chancellors and Rectors, to set up a committee made up of seven members and headed by a chairperson. That’s not all; the committee cannot be made up of academic staff alone– the bill makes it compulsory to include at least two non-academic staffers, two students, and two academic staff. It also states that there must be women on the committee, and there must not be less than three.
Administrators face jail terms if they don’t comply
The bill states that heads of tertiary institutions who fail to set up an anti-harassment committee will be jailed for five years or made to pay a fine of ₦5 million.
Administrators face jail terms if they ignore victims
An administrator has only 14 days to refer any sexual harassment claim from a victim to the anti-harassment committee. If they fail to do this within that time, they will either be jailed for two years, made to pay a fine of ₦5 million or both.
Sexual harassment is defined in six ways
The bill gives six clear definitions of what makes up sexual harassment in tertiary institutions. If a lecturer, Dean, Professor, or any educator at all commits any or al of the offences listed below, they will be found guilty of sexual harassment.
- Making unwelcome verbal or physical acts towards students or prospective students that are sexual in nature, or demanding sexual favours from students whether or not they consent.
- Creating a hostile environment for a student by making unwanted sexual advances or asking for sexual favours.
- Enabling, promoting, or assisting another person to commit any acts of sexual harassment (listed in the bill) against students.
- Sharing or displaying sexually explicit content or materials through any media
- Making a verbal or nonverbal sexual gesture or comment with the intention of humiliating or body-shaming any student.
- Stalking, repeatedly following a student and showing unwanted attention that might cause them fear or discomfort.
14-year jail term for guilty offenders
The bill says that anybody who commits offences 1 to 3 on the list will face a minimum of 5 and a maximum of 14 years in prison without the option of a fine.
Anybody found guilty of committing offences 4 to 6 on the list will face a minimum of 2, and a maximum of 5 years in prison without the option of a fine.
Unsatisfied students can challenge the decision of a school’s committee
After a student files a complaint with their school’s committee, they are empowered by the bill, to take the matter to a high court if they are unhappy with the final decision of the committee.
The bill might actually not become law
Following the bill’s passing on Wednesday, Civil Society Organisations (CSOs), Student associations, and gender activists have given the House of Reps a thumbs up for the move. However, it’s too early to celebrate because there’s a high chance the bill might not become law. Why? This is not the first time it’s been around the block. In fact, it has been around for eight years.
The bill was first introduced in 2016 by former Senator Ovie-Omo-Agege but was rejected by the House of Representatives when it was sent for their agreement. In 2019, Omo-Agege reintroduced the bill again but was delayed until June 2023, when it was transmitted to President Tinubu, who never signed it into law. CSOs and student bodies like the National Association of Nigerian Students (NANs) have called on him to do the needful, but it never happened.
The bill has been reintroduced again, this time sponsored by Akin Rotimi of the Ekiti North 1 federal constituency. Having passed its third reading on October 30, it will be pushed to the Senate, where it will pass three readings and two more crucial stages—joint committee and Presidential assent. But even if it makes it through all the other steps, it might get stuck again at the assent stage.
What can you do to help?
If you like the provisions of the anti-sexual harassment bill and want to see it become law that would be used in tertiary institutions across the country, you might be disappointed to see that it would not happen. If you want to take action to see that it does, here are things you can do:
- Engage in advocacy campaigns on social media
- Contact CSOs like Gender Mobile to find out how you can support their fight for the bill
- Pressure your lawmakers to push for the bill’s passing either through phone calls, social media posts, written petitions, or emails.
- Organise or participate in peaceful protests to raise the issue of passing the bill to the attention of the media, lawmakers, and the general public.
- Create, sign, and share online petitions to raise awareness and gather enough signatories to show that the bill has enough public support.
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