University lecturers were yesterday united in their opposition to the Bill, saying any law specifically targeted at a group when it should be for all citizens, is bound to fail. They wondered whether sexual harassment only occurs in the tertiary institutions to warrant such a law.
Immediate past chairman of the Academic Staff Union of Universities (ASUU), University of Ibadan chapter, Prof. Deji Omole, noted that sexual violence is a global problem and should be treated as such, adding: “It is unfortunate that we are at this level in this country. Is it that we don’t have enough laws in the system to handle such a matter that we now felt that the next thing to do is to specifically make a law to target some people?
“Every law should be for general application. Is it only in the tertiary institutions that we have cases of sexual harassment? It is a deeper problem, why should you now decide to criminalise a set of people? That law is bound to fail.
“In recent times, there have been so much reported cases of rape, sexual violence all over this country. It is not restricted to the university alone; it is a global problem. It is even more prominent in the work industry but most reported in the universities because tertiary institutions have the highest concentration of adults that are well informed.
“For every case that is reported in the university, there are tens of hundreds of cases not reported in the public. So, if there is a general problem, that should not be criminalised.”
Omole pointed out that sexual harassment is not towards ladies alone, as male students are also affected, noting: “There are even some female lecturers that harass male students. If you are making a law, it should be for general application.
“Besides, we have enough laws in this land to cater for such, what we are having is a societal problem, not lecturers harassing students. We are not saying it is not happening, but not of such high magnitude that would attract a specific law for lecturers in tertiary institutions.
“A crime is a crime, wherever or whoever commits it. When you now say it is only this category of people that the law should deal with, that law will fail,” Omole insisted.
To Prof. Chris Onalo, President and Chief Executive Officer of Postgraduate School of Credit and Financial Management, the Bill is necessary to drive some ethical discipline in the minds of university lecturers and non-academic staff.
But in dealing with that, Onalo said lawmakers should also see ways and means of controlling the social behaviour of the students, noting: “The appropriate punishment should be meted out to any lecturer that abuses female students and the ladies themselves must adhere to certain social codes that universities must enforce.
“The provisions should also be able to ensure that the lecturers interfacing with students would represent the university authority to checkmate the untoward appearances of ladies on campus.”
Meanwhile, the majority of students, who spoke to our correspondents, lauded the senate for the move, saying it would reduce the incessant harassment of female students by discouraging errant lecturers.
Ayeni Esther of the University of Ibadan said the proposed law would reduce the incessant harassment of female students, while Kolawole Esther from Adeyemi College of Education (ACE) in Ondo State said the Bill would discourage errant lecturers.
National President, National Association of Polytechnic Students (NAPS), Sunday Asuku, said though a welcome development, the Bill should not be used to witch-hunt lecturers, stating: “We want a situation where every case will be verified before an action is taken. The senate of any institution should be allowed to play its role.
“If there’s a mutual agreement between the student and lecturer, that should not be taken as sexual harassment. We are against sex-for-marks, but if it is mutual, such should not warrant a sanction.”
Lagos-based lawyer, Tony Odiadi, described the passage of the Bill as timely, saying it would go a long way in curbing abuse and predatory conduct of teachers, who take sexual access as an entitlement.
“Make no mistake, this is not a peculiar problem to Nigeria, as it is indeed noted as recorded in several institutions, including military and Police academies across the world.
“The difference is how each jurisdiction treats the cases; some sweep it under the carpet, while others pursue and prosecute the offenders to conviction. This is what this law will do in Nigeria. It has provided the legal framework to deal with it as a crime, without taking away the right of a civil action for damages. It defines conducts that constitutes harassment. There is room under Clauses 15 – 17 for institutional disciplinary measures. It provides clearly a penalty of 14 years upon offenders.
“One striking feature can be found in Clause 6: that consent by a student is not a defence. This is an interesting, albeit controversial, addition to our jurisprudence. Can an adult student, who consents to a sexual relationship with a lecturer, constitute ‘harassment,’ the sort of which is punishable? What happens to the doctrine of exculpability of conducts ‘by consenting adults’ when not in a homosexual situation? This is where the law may have slightly overreached itself. Many lecturers end up marrying their students from affairs that blossomed into such union. This law will criminalise any and all such affairs and unions,” he said.
Dr. Kayode Ajulo (SAN), an adjunct Law lecturer, Adekunle Ajasin University, Akungba-Akoko in Ondo State, charged lecturers to ensure optimum level of civilised behaviour when dealing with their students, saying the Bill is significant in a number of ways.