A Bill for an Act to make provision for
the prohibition and punishment of sexual harassment of students by
lecturers in tertiary institutions has been passed into law.
The
Bill which was 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 objective of the Bill is to prohibit the offence of sexual
harassment in tertiary institutions and impose stiff penalties on
perpetrators.
It also creates a strict liability offence by
removing mutual consent as a defence in prosecution of sexual harassment
cases, as it were in the extant laws.
The new Act when signed to
law, will not only prohibit lecturers from having sexual intercourse
with underage students; it will also punish lecturers who demand for sex
from female students as a condition to giving passing grades.
Presenting
the report on the Bill to the Senate on Thursday, the Committee
chairman on Judiciary, Human Rights and Legal Matters, Senator David
Umaru said the Bill enjoyed full supports of various stakeholders and
civil society groups during public hearing.
As against the
initial proposal of the sponsors of the Bill that any lecturer who
harasses female student shall be liable to 3 years imprisonment; Senator
Umaru said the clause has been amended.
“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”,
the Bill reads.
It was, however, agreed upon presentation, that
the penalty should be 5 years imprisonment or option of fine to the tune
of N5m or both.
The Act also provides 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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