.Prescribes 5yrs Imprisonment For Offenders
The Nigerian Senate has criminalized sexual harassment by lecturers in the country’s tertiary institutions. A Bill that prescribes punitive sanctions for sexual harassment of students by lecturers in higher institutions was today been passed into law.
The Bill sponsored by Senator Ovie Omo-Agege (Delta Central) and 57 other co-sponsors was read for the first time on Wednesday 4th May, 2016.
The Bill criminalized sexual harassment in tertiary institutions and imposed stiff penalties for offenders.
It also makes the act a strict liability offence, so that mutual consent would not be a defence in prosecution of sexual harassment cases, as it was in the extant laws.
When the Act becomes law, it will not only prohibit lecturers from having sexual intercourse with underage students but also punish lecturers who demand for sex from female students as a condition to giving passing marks.
The Committee chairman on Judiciary, Human Rights and Legal Matters, Senator David Umaru presented the report on the Bill to the Senate. He said it had the full supports of various stakeholders and civil society groups during public hearing.
In contrast to early proposal of the sponsors of the Bill for 3 years imprisonment; Senator Umaru said the clause has been amended, so that:
“Any person who commits any of the acts specified in section 3 of this Act is guilty of an offence and shall, on conviction, be sentenced to imprisonment of up to 5 years but not less than 2 years and there shall be no option of fine.”
Though there was consensus upon presentation, that the penalty should be 5 years imprisonment or option of fine to the tune of N5m, or both.
The Act stipulates that the head of an institution upon receiving a written complaint of sexual harassment from a victim, shall set up a ‘Sexual Harassment Investigation Panel’ which shall submit its report in writing within 30 days.
The panel shall be headed by a non academic staff who is not less than the rank of Assistant Director, with 2 members of the Academic Union and 2 members of the Nigerian Bar Association.
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