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U.I Law Journal vol. 12 Institutional Frameworks on Sexual…
INSTITUTIONAL FRAMEWORKS ON SEXUAL
HARASSMENT IN NIGERIA: PERSPECTIVE OF
HIGHER EDUCATION STUDENTS
Adetutu Deborah AINA-PELEMO (PhD)
1
and
Olubukola A. WELLINGTON (PhD)
2
Abstract:
One of the early models for identifying and preventing sexual
harassment is the availability of a clear legal framework for
eradicating sexual harassment in academic settings. It is trite to
say that sexual harassment is a violation or infringement of a
victim’s rights. When such victims are students, it impedes their
productivity level and attracts other grievous consequences. This
study examines the Nigerian legal framework on sexual
harassment, students’ experience of sexual harassment by gender,
and institutional knowledge of internal policies on sexual
harassment. In addressing these objectives, empirical
methodology was adopted, which involves quantitative and
qualitative research with simple mathematical arithmetic, chi
Square test, Pearson correlation, graph and bar chart for
measuring the data. Four Hundred and Seventeen (417) male
and female respondents were drawn from the students studying
in private and public Universities, Polytechnic, and College of
Education across the South-Western region of Nigeria. The
sample was drawn in strata and data collected between the
periods of January to March, 2020 via self-administered
1
Senior Lecturer, Department of Jurisprudence and International Law, Faculty of Law,
Redeemer’s University, Ede, Osun-State, Nigeria. aina-pelemoa@run.edu.ng
+2348038397372. Orcid of author: https://orcid.org/0000-0002-4063-3983
2
Senior Lecturer, Department of Behavioural Studies, Faculty of Social Science,
Redeemer’s University, Ede, Osun-State, Nigeria. okeo@run.edu.ng
U.I Law Journal vol. 12 Institutional Frameworks on Sexual…
questionnaires. On the sole hypothesis raised that there is a
significant difference in the need for national legislation and the
possibility of the NICN to address sexual harassment without
national legislation, the study found that the National Industrial
Court of Nigeria is inadequate for handling sexual harassment
matters in Nigerian Tertiary Institution. The result revealed that
female students experienced more of sexual forms, while male
students experienced more of gender harassment, indicating that
a clear legal framework is urgently wanting in the academic
settings. It was concluded that there appears to be fragmented
legal framework on sexual harassment but there remains a need
for unified legal framework on sexual harassment in Nigeria.
KEYWORDS: Higher educational students; Legal Framework; Nigerian
academic setting; Sexual Harassment Policy; Sexual harassment;
INTRODUCTION
Sexuality is an intricate element of human existence; as such, sexual
relationships ideally should be between two consenting adults. When sexual
acts occur in an atmosphere of coercion and/or intimidation, it becomes an
infringement of a person’s fundamental human rights.
3
Globally, scholars in
education have discussed sexual harassment copiously,
4
and locally, within
3
UNCEF in force since 1989; Dan Cassino and Yasemin Besen-Cassino, ‘Race, Threat
and Workplace Sexual Harassment: The Dynamics of Harassment in the United States,
1997–2016’ (2019) Gender Work Organ
<https://onlinelibrary.wiley.com/doi/epdf/10.1111/gwao.12394>
4
Borufka Sarah, ‘Czech Republic - Study Finds High Levels of Sexual Harassment at Czech
Universities’ Women’s Un Report Network (February 15 2010)
<https://wunrn.com/2010/02/>; Ishmael D. Norman, Moses Aikins, Fred N. Binka, ‘Faith-
Based Organizations: Sexual Harassment and Health in Accra-Tema Metropolis’(2012) (17)
Sexuality & Culture <https://10.1007/s12119-012-9141-6>; Layla Haidrani, ‘We Must do
more to Fight Sexual Harassment at University’ (2013) The Independent
<http://www.independent.co.uk/student/student-life/wemust-do-more-to-> (Accessed on
20.08.2021); Sarah Lynch, ‘The Fight against Sexual Harassment on Arab Campuses’ (2013)
<https://chronicle.com/article/The-Fight-Against-Sexual/139465/>; Junaidi I., ‘Sexual
Harassment Allegations Rock Quaid-i-Azam University Again’ (2014) <https://
www.dawn.com/news/1115223>; A Mamaru, K Getachew, Y Mohammed,‘Prevalence of
Physical, Verbal and Nonverbal Sexual Harassments and Their Association with
Psychological Distress among Jimma University Female Students: A Cross-Sectional Study’
U.I Law Journal vol. 12 Institutional Frameworks on Sexual…
Nigeria.
5
Both women and men are targets of harassing behaviour. However,
evidence shows that women bear the brunt.
6
Feminist theorist, Connell,
posits that gender-based inequalities and discrimination are maintained and
negotiated through interrelations among differently gendered and differently
privileged subjects within a larger gender system. Men have been socialized
by culture and social norms into roles of sexual leadership, dominance and
authority whereas women are socialized to be submissive, passive and
gatekeepers of their sexuality
7
. The end result of these learned roles popular
among various institutions in the society is sexual violence and harassment.
8
Reiterate this view, and describe sexual harassment as ‘a sexualized form of
gender inequality’. The weaker position that women seemingly occupy are
illustrated by their helplessness to refuse their relegated status given the dire
costs of doing so, thereby, putting majority blame on them for sexual violence.
Sexual harassment, thus, is reflective of a much larger patriarchal system
in which men occupy the dominant role revealing differential distribution
Ethiopian Journal of Health Sciences [2015] (1)29-38 <https:// 10.4314/ejhs.v25i1.5>;
Fredrik Bondestam and Maja Lundqvist, ‘Sexual Harassment in Higher Education–a
Systematic Review’(2020) (3)(4) European Journal of Higher Education <https://
/doi/full/10.1080/21568235.2020.1729833>
5
Makinde F, ‘Another OAU lecturer in sex-for-mark scandal, Punch newspapers’ (10 April,
2018); Alexandra O, ‘We are interested in OAU Sex-for-marks Scandal, Obaseki’ Punch
Newspaper (30 April, 2018); Lawal I., ‘Finding Lasting Solution to Sexual Harassment in
Schools’ The Guardian Nigeria newspaper (26 April 2018) 16; AD Aina-Pelemo, OA Oke,
IT Alade, ‘Quid pro quo sexual harassment: Comparative study of its occurrences in selected
institutions in South-West, Nigeria’ [2021] (2)1-5 Current Research in Behavioural Sciences
<https://10.1016/j.crbeha.2021.100031>
6
James C Quick and M Ann McFadyen, ‘Sexual Harassment: Have We Made Any Progress?’
Journal of Occupational Health Psychology [2017] (22)(3) 286-298; Onoyase A,
‘Prevalence of Sexual Harassment of Female Students of Tertiary Education in Taraba State,
North East Nigeria: Implications for Counselling’ International Journal of Higher
Education [2019] (8)(1), 77-83; Adekunle Peters, ‘ASUU chair over alleged sexual
harassment’. Punch (Benin, 14 February 2019) Retrieved from https://punchng.com/aau-
suspends-asuu-chair-over-alleged-sexual-harassment/ accessed 15 October 2022; Aina-
Pelemo, A. D. and Ejembi, P. A., ‘Sexual Harassment and the Law; (first (Ed.) Jos University
Press, Jos 2020)
7
Alison M Thomas and Celia Kitzinger, ‘Sexual Harassment: Contemporary Feminist
Perspectives’ Open University Press (1997) <https://books.google.com.ng> accessed 15
October 2022
8
Sen Purna, Borge Eunice, Estefenia Guallar, Jade Cochran, Towards an end to sexual
harassment: the urgency and nature of change in the era of #MeToo (2018 UN Women)
U.I Law Journal vol. 12 Institutional Frameworks on Sexual…
of power and status between the sexes by the larger society.
9
Sexual
harassment is a manifestation of male superiority and dominance, whereas
the intrinsic physical weakness and submissive behaviour of females
naturally predispose them as victims of sexual harassment.
10
Sexual harassment can be captured in various contexts, which invariably
means that, certain prohibited heterogenous behaviours that are viewed as
sexual harassment exist. In the United States, the National Academies of
Sciences, Engineering, and Medicine,
11
classified three categories of
sexually harassing behaviour: (1) gender harassment which includes verbal
and nonverbal behaviours conveying exclusion, objectification, hostility, or
second-class status about members of one gender, (2) unwanted sexual
physical or verbal attention (including assault), and (3) sexual coercion
(conditioning favorable professional or educational treatment on sexual
activity). Notwithstanding the differing connotations, sexual harassment
remains an unwanted sexual behaviour and is harmful to the victim. It is very
important to eradicate all forms of violence at work and in education because
of factors such as human dignity and workplace efficiency and productivity.
Bell et al.
12
identify sexual harassment as a major public health crisis with
the capacity to hinder development, retard the actualization of the full human
potential, and ultimately undermines the integrity of the organizational
environment.
13
9
AD Aina-Pelemo and PA Ejembi, Op Cit, n. 4
10
Ritu Gupta, Sexual Harassment at Workplace: A detailed analysis of the sexual harassment
of women at workplace Act 2013 ( LexisNexis (A Division of Reed Elsevier India Pvt. Ltd.
2014)
11
The National Academy of Sciences, Engineering, and Medicine 2018
12
MQJ Bell and C Cycyota, ‘Assessment and Prevention of Sexual Harassment of
Employees: An Applied Guide to Creating Healthy Organization’ International Journal of
Selection and Assessment [2002] (10) (1/2)160-167 <https: doi.org/10.1111/1468-
2389.00203>
13
Ritu Gupta, OpCit, n7 Akinfala FF, Komolafe T, ‘Sexual Harassment as a Predictor of
Organisational Outcomes’[2017] African Journal for the Psychological Study of Social
Issues, 20(1), 60-73; A. Llewellyn , Karageorge A., Nash L., Li W., and Neuen, D,
‘Bullying and Sexual Harassment of Junior Doctors in New South Wales, Australia: Rate
and Reporting Outcomes’ Australian Health Review, 43(3), 328–334 <https://
10.1071/AH17224>; New York State, ‘Model sexual harassment prevention training:
Combating sexual harassment’ New York State: USA (July 2019).
U.I Law Journal vol. 12 Institutional Frameworks on Sexual…
Despite the obvious evils associated with acts of sexual violence in the
society especially, in citadels of learning, this abhorrent act continues to run
its pervasive course. The recent study conducted by Bello
14
found that 17%
of selected female respondents experienced or know of colleagues
experiencing sexual harassment in their campus. Meanwhile, the survey
conducted by Bello differs from the present study, because it focused on a
teritary institution in the North-Central region as opposed to the instant study
that survey respondents from selected tertiary institution in the South-West
regions. Eighty percent of the female respondents surveyed by Suleiman,
15
in the study conducted among six selected Universities situated in the
Northern region revealed that they have experienced sexual harassment
where lecturers and administrative staff are the lead culprits. Similarly,
69.4% female respondents selected from three higher institutions in the
South-Eastern, Anambra State, reported to have been sexually harassed.
16
Also, 52.5% of the female respondents surveyed by Duru and colleagues in
Imo-States Universities experienced ranges of sexual abuse and the
commonest was fondling and grabbing of sensitive body parts.
17
Over 50%
respondents experienced one form of sexual violence in the University of
Port-harcourt and University of Calabar, in South-South, Nigeria.
18
In fact,
14
PO Bello, ‘Sexual Harassment in Ivory Tower in Nigeria: Mixed feelings’ Bangladesh e-
Journal of Sociology
[2020[ (17)(1) 173-189
15
Suleiman, Mohammed Saheed, ‘Perception of Sexual Harassment among Female Students
of Tertiary Institutions in Northern Nigeria’ Ife Social Sciences Review [2017] (25)(2) 80 –
89
16
EI Anierobi, CE Etodike, VN Nwogbo, NU Okeke, and MN Nwikpo, ‘Evaluating Sexual
Harassment against Female Workers in Higher Institutions in Anambra State, Nigeria’
International Journal of Academic Research in Business and Social Sciences [2021] (11)(2),
265–278
17
CB Duru, AC Aguocha, UR Oluoha, IN Okedo-Alex, I Ohanie and Ernest Nwaigbo,
‘Sexual Abuse among Female Undergraduates in Tertiary Institutions in Imo State, South-
East, Nigeria: Prevalence, Pattern and Determinants’ (2018) 5(4) 1-24
<https://10.4236/oalib.1104516> accessed 16 October 2022
18
Margaret-Mary Mezie-Okoye and Folusho F Alamina, ‘Sexual Violence among Female
Undergraduates in a Tertiary Institution in Port Harcourt: Prevalence, Pattern, Determinants
and Health Consequences’ African Journal of Reproductive Health [2014] (18)(4), 79-85;
EF Effa, EO Okokon, AB Nwagbara and S Bello, ‘Pattern, Determinants and Mental
Consequences of Sexual Violence among Female Undergraduate Students in Calabar,
Southern, Nigeria’ Open Access Livbrary Journal (2017) 5(4) <https://
www.svri.org/forums/forum2009/presentations/Nwagbara.pdf> accessed 16 October 2022
U.I Law Journal vol. 12 Institutional Frameworks on Sexual…
sexual harassment remains a big challenge in the tertiary institutions across
Nigeria. It is pertinent to note that the majority of the studies conducted on
students’ experience and sexual harassment in Nigeria mainly focus on
females with exclusion of the male group and that is one of the gaps that the
instant study seeks to address.
Leach
19
and Beninger
20
, reported from their studies that countries with weak
educational systems, high levels of poverty, low levels of accountability,
gender inequality, and poorly trained, underpaid staff portrays a higher rates
of sexual harassment in education. The factors facilitating the continual
perpetuation of sexual harassment and exploitation in academia was
highlighted as follows: (1) perceived tolerance for sexual harassment, where
instances of harassment are not timely investigated, weak punitive measures
and irregular flow of information on policies and institutional processes
dealing with the act, (2) atmosphere of male dominance in terms of number
and leadership, (3) organization structured hierarchically with bias for much
dependencies on those at higher levels or environments where people are
geographically isolated, and (4) uninformed leadership that lacks the strong
will, tools and determination to take the measures needed to reduce and
eliminate sexual harassment on campuses.
21
An effective process of curbing and eradicating sexual violence among staff
and students on campuses starts with educational institutions establishing and
enforcing clear policies which detailed the categories of behaviour that
could amount to sexual harassment in clear terms, statement of the schools’
task in addressing grievances, statement of individual’s task for reporting
sexual harassment, statement relating to malicious/fake grievances, and
identification of person(s) in charge of the hearing of grievances.
22
Such
19
F Leach, ‘Corruption as Abuse of Power: Sexual Violence in Educational Institutions’. In:
G. Sweeney, K. Despota, S. Lindner (EOS)’ (2013) pp. 8898 Transparency International,
Global Corruption Report: Education. Abingdon, Oxon
20
C Beninger, ‘Combating Sexual Harassment in Schools in Sub-Saharan Africa: Legal
Strategies under Regional and International Human Rights Law’ African Human Rights Law
Journal [2013] (13), 281-301
21
The National Academy of Sciences, Engineering, and Medicine 2018
22
MA Paludi, and RB Barickman, ‘Sexual Harassment, Work, and Education: A Resource
Manual for Prevention’ Second Edn, Albany, New York: State University of New York, [1998]
U.I Law Journal vol. 12 Institutional Frameworks on Sexual…
policy statements should be documented in employee and student handbooks.
Campus authorities should also organize regular training sessions on sexual
harassment for staff and students. The results of a comprehensive study as
reported by Premium Times
23
of Nigeria indicates that, across over 20
Nigerian universities, polytechnics and colleges of education, many of the
higher institutions in Nigeria have either scanty or no policy documents on
sexual harassment. Higher institutions such as the University of Ibadan,
University of Port Harcourt, Federal University of Agriculture Abeokuta,
University of Calabar, University of Ilorin, Federal University of
Technology, Minna, National Open University of Nigeria, University of
Lagos, Lagos State University, Ladoke Akintola University of Technology
and Bayero University of Kano had detailed sexual harassment policies,
however, students decried poor or zero implementation of the policies. Also,
University of Uyo, University of Benin, Uthman Dan Fodio University and
Federal University Lokoja, Adamawa State University and Ekiti State
University had no documented policy on sexual harassment in their
institutions.
Only recently, March 1st to 5th 2021 was the first author invited as one of the
resource persons to organize a 5-day sensitization workshop on sexual
harassment education for the Osun State University staff and students and in
the process, introduced, as well as distributed its University Sexual
Harassment Policy. The policy is cited as ‘Osun State University Guidance
Notes on Sexual Harassment’. The peculiarity of this policy is that it did not
only define and condemn sexual harassment as a social disorder but
differentiated between the subject matter and mutual consent. Mutual consent
means the social or sexual relationship that is not offensive and the recipient
consented to. It concluded that mutual consent relationship between lecturer
and students especially undergraduate will be considered offensive,
https://books.google.hn/books?id=6tGo43_qLooC accessed 16 October 2022; Joseph Janice,
‘Sexual harassment in tertiary institutions: A comparative perspective’ Temida (2015) 18(2),
125-144 <https:// doi.org/10.2298/TEM1502125H> accessed 16 October 2022
23
AS Akindele, ‘Nigerian higher institutions lack sexual harassment policies’ Premium
Times, (9 November 2020) (4) <https:// www.premiumtimesng.com/features-and-
interviews/425240>
U.I Law Journal vol. 12 Institutional Frameworks on Sexual…
regardless whether it is not because, the student might concede to the sexual
advances due to fear of failure or hostility.
Sexual Harassment in Nigeria: Legal Framework
In many countries, sexual harassment is criminalized in the criminal codes
(e.g. Argentina, Singapore, Cameroon, Germany, Croatia, Cyprus), labour
codes (e.g. Spain, New Zealand, Lithuania), and also spelt out in anti-
discrimination and equal opportunity laws (e.g. Bulgaria, Australia, Sweden,
United Kingdom, Cambodia, Iran), as well as education and licensing
statutes.
24
But in Nigeria, the practice is prohibited under the criminal,
constitutional, human rights and labour laws. This indicates the unstructured
and fragmented approach to the subject matter.
In Nigeria, it is just a section of the National Industrial Court Rules that
accommodate issues of sexual harassment and it is silent about liability of
employers toward employees or organization regarding the subject matter.
However, there is still much to do. A data from the 2018 World Bank Group’s
Women, Business and the Law, shows that 59 countries, had no law on sexual
harassment in the workplace, whereas 123 countries, have no laws on sexual
harassment in education. The data also shows that for Africa, there are no
laws penalizing sexual harassment in education in 36 of the 47 countries
surveyed. Some countries, such as India, Australia, United States and the
United Kingdom, have legislation/policies that specifically prohibit sexual
harassment in educational system; while other countries have sexual
harassment legislation that do not include educational institutions. Some
24
The Advocates for Human Rights, (September 2010)
https://www.theadvocatesforhumanrights.org/Issue/63 accessed 17 October 2022; Cobb Ellen Pinkos,
‘Sexual Harassment Law Evolving Globally’ (3 December 2014) Global HR
https://www.shrm.org/resourcesandtools/hr-topics/global-hr/pages/sexual-harassment-law-
global.aspx accessed 17 October 2022; Sen Purna, Borge Eunice, Estefenia Guallar, Jade Cochran,
Towards an end to sexual harassment: the urgency and nature of change in the era of #MeToo (UN
Women, 2020) https://eca.unwomen.org/en/digital-library/publications/2020/11/towards-an-end-to-
sexual-harassment accessed 17 October 2022
U.I Law Journal vol. 12 Institutional Frameworks on Sexual…
reserve a section of their sex discrimination prohibition law to address issues
of sexual harassment in educational institutions.
The direct and indirect Nigerian legal frameworks on sexual harassment
are:
1. The Constitution of the Federal Republic of Nigeria (as altered), 1999
2. The National Industrial Court, Civil Procedure Rules 2017
3. The Nigerian Penal Code (1960)
4. The Nigerian Criminal Code of 1916
5. The Independent Corrupt Practices Commission (and other related
offences Act), 2000
6. The African Charter on Human and People’s Rights (Ratification and
Enforcement) Act, Chapter A9 (CAP10, Laws of the Federation),
1990
7. The Criminal Law of Lagos State (2011)
8. The Violence Against Persons (Prohibition) Act 2015
9. Various listed States’ Violence Against Persons (Prohibition) Act- Oyo,
Ogun, Osun, Ekiti, Edo, Anambra, Enugu, Ebonyi, Benue, Cross-
rivers, Kaduna, Plateau and Bauchi
25
1. Section 34(a, b, & c) and section 42 of the Constitution of the
Federal Republic of Nigeria (as altered), 1999, contains the
provisions protecting the dignity of the human person and freedom
from discrimination respectively.
The fundamental human rights to dignity of human person and the
rights to freedom from discrimination of victims are specifically
25
The Oyo State Violence Against Persons (Prohibition) Law, 2021; The Ogun State
Violence Against Persons (Prohibition) Law, 2017; The Osun State Violence Against
Persons (Prohibition) Law, 2021; Ekiti State Gender-Based Violence (Prohibition) Law, of
No 21, 2011; The Edo State Violence Against Persons (Prohibition) Law 2021 as amended;
The Anambra State Violence Against Persons (Prohibition) Law, 2017;
Violence Against Persons (Prohibition) Law, Enugu State, 2019; Ebonyi State Violence
Against Persons (Prohibition) Law, 2018; Rivers State Violence Against Persons Prohibition
Law, 2021; Kaduna State Violence Against Persons (Prohibition) Law, 2018; Plateau State
Violence Against Persons (Prohibition) Law, 2021
The Violence Against Persons Prohibition Law in Bauchi State, 2021.
U.I Law Journal vol. 12 Institutional Frameworks on Sexual…
infringed in nearly all cases of sexual harassment. In the event that
these constitutional rights are violated, an aggrieved person can seek
remedy in a court of competent jurisdiction. A major limitation of
section 42 as identified by Okongwu
26
is that it only protects people
from discrimination against laws and executive actions of the
government, while excluding discrimination from other sources such
as from individuals, organizations / institutions or workplace policies
or practices which are discriminatory.
The Nigerian Labour Act 2004
27
has no explicit provisions for any
form of workplace harassment during employment. Instead, it
provides for compensation in the event of traumatic effect of mental
stress and unexpected mishad experienced by the worker while on
duty as contained in the Employees Compensation Act 2010.
2. The National Industrial Court (NIC) (a special court dealing with all
matters relating to labour and employment) included in its Civil
Procedure Rules 2017, four categories of acts that constitute workplace
sexual harassment. These are contained under Order 14 Rule 1 (a), (b),
(c) and (d) of the NIC Civil Procedure Rules 2017, they are:
(1) Conducts of a physical sexual nature involving unsolicited bodily
contact, which ranges from stirring to sexual assault and rape,
stripping by a person infront of another, sexual gesture; and/or
(2) Sexual harassment of a verbal form involving unwanted
innuendoes, propositions and suggestions, sexual advances,
remarks with sexual implications, sex related funny story or abuse,
or unwanted graphic remarks about the body of a person, unwanted
and improper enquiries about a person’s private life and unwanted
screeching at a person or group, any text, substance or display in
additional support to any of the claims; and/or
26
O Okongwu, ‘Perception of sex discrimination and sexual harassment among bank employees in
Nigeria: a comparative study of the Nigerian and the British employee protection laws’ (PhD Thesis,
of the De Montfort University, Leicester 2017).
27
Nigerian Labour Act 2004
U.I Law Journal vol. 12 Institutional Frameworks on Sexual…
(3) sexual harassment that is of non-verbal form, involving
unwelcome signals, offensive bodily exposures, and unwanted
exhibit of sexual overt images or things; and/or
(4) Quid pro quo harassment, this involves the process where an
employer, or its manager or co-employee tries to influence the
employment procedure, elevation, advancement, chastisement,
removal from office, increment in salary or related remunerations
of an employee or job seeker in trade for sexual nepotism.
The provisions of the NIC define what behaviours/actions amount to
workplace sexual harassment; validates sexual harassment as an
actionable claim; and, guides on how to prove sexual harassment
before a court of competent jurisdiction. Other situations which can
also be established as workplace sexual harassment include: making
unnecessary physical contact, including unwanted touching; calling
women sex-specific derogatory names; asking for sex in exchange for
a benefit or a favour; posting or sharing pornography, strip search by
or in the presence of the opposite sex; sexual pictures or cartoons,
sexually explicit graffiti, or other sexual images (including online);
persistent pressure for dates, and not accepting “no” for a respond;
using rude or insulting language or making comments towards women;
making sex-related comments about a person’s physical constitution
or actions; making sexual jokes, amongst others. Any worker who
suffers any of the above can institute an action at the NIC seeking,
inter alia, reliefs, which include monetary compensation, damages and
injunction.
3. The Nigerian Penal Code (1960) defines indecent assault under
sections 281, 282 and 285, and it impliedly includes sexual harassment.
This code covers the Northern part of Nigeria.
4. The Nigerian Criminal Code of 1916, on the other hand, which is
applicable in the Southern part of Nigeria, contains provisions for
criminalizing the offence of sexual assault. These provisions are found
in sections 351 to 361 of the Act.
5. The Independent Corrupt Practices Commission (and other
related offences Act), section 112A (1)(2), 2000 regard sexual
U.I Law Journal vol. 12 Institutional Frameworks on Sexual…
harassment by public officers as corrupt practices and an abuse of
office punishable with imprisonment. The case Prof. Akindele v
Federal Republic of Nigeria (2019) LCN/13537(CA) Appeal no:
CA/AK/80c/2019, delivered 5th March, 2021 (Unreported) was
decided on the basis. The crux of the matter was that the defendant, a
Professor / lecturer at the Obafemi Awolowo University, Ile-Ife,
Osun-State, Nigeria, demanded sex from one of his female students so
as to upgrade her score. The female student reported the matter to the
police and the defendant was charged to the Federal High Court,
Osogbo judicial division, Osun-State, by the Independent Corrupt
Practices Commission on the basis that the act of the Defendant was
not only a corrupt practice, but an abuse of office which contravenes
the provision of section 112A (1)(2), of the Independent Corrupt
Practices Commission (and other related offences Act), 2000. The
Defendant having pleaded guilty of the offence charged, the Court so
hold, convicted and sentenced him to two (2) years imprisonment.
6. The African Charter on Human and People’s Rights (Ratification
and Enforcement) Act, Chapter A9 (CAP10, Laws of the
Federation), 1990, Articles 2, 5, 15 & 19 (African Charter). This
Charter recognises and guarantees the protection of every person’s
rights to dignity, freedom from torture or degrading treatments,
freedom from all forms of discrimination, rights to satisfactory
working conditions and equal treatment of people respectively.
Since sexual harassment is seen as a form of discrimination in
Nigeria, the African Charter is one of the legislations used in arriving
at just decisions in National Industrial Court of Nigeria (NICN) on
several cases related with and incidental to sexual harassment; Ejieke
Maduka v Microsoft Nigeria Limited and 2 Ors.,
28
this is the first case
decided by the NICN on this subject matter. The crux of the matter
was that the Claimant was sexually harassed by one of the
respondents (that is, superior in the office). She reported the ordeal to
the other respondent (her immediate superior) but no action was
28
Ejieke Maduka v Microsoft Nigeria Limited and 2 Ors., [2014] 41, NLLR (Pt. 125) 67
NIC
U.I Law Journal vol. 12 Institutional Frameworks on Sexual…
taken. Subsequently her employment was terminated, hence the filing
of this suit. On the basis of the CFRN
29
and some international legal
instrument
30
signed and ratified by Nigeria, the Court held the
termination of the Claimant’s employment as a violation of her
fundamental human rights to dignity of persons and awarded
monetary damages against the respondents.
Similarly, in the case of Pastor (Mrs) Abimbola Patricia Yakubu v.
Financial Reporting Council of Nigeria and Anor.,
31
the crux of the
matter was that the Claimant was a subject of verbal and physical
harassment for refusing the respondent’s sexual advances and that led
to her job termination, hence the filing of the suit. Following the
decision of Ejieke Maduka v Microsoft Nigeria Limited and 2 Ors.,
The NICN held the termination wrongful and a violation of the
Claimant’s fundamental human rights to dignity of human person, as
well as awarded monetary damages in favour of the Claimant.
7. The Criminal Law of Lagos State (2011), Section 264 (1) & (2) (a)
prohibits harassment that implicitly or explicitly affects a person’s
employment or educational opportunity or unreasonably interferes with the
work or academic performance of a person or creates an intimidating, hostile
or offensive learning or working environment. In addition, any person who
29
Section 254C-(1) (f), (g), (h) & Section 254C-(2) of the1999 Constitution Third Alteration
Act, 2010
30
The African Charter on Human and Peoples’ Rights on the Rights of Women in Africa
(Ratification and Enforcement) Act, Articles 15 and 19, Conventions and Recommendations
on Discrimination, Employment, and Occupation of the International Labour Organisation,
Article 1(a), and Convention on the Elimination of all forms of Discrimination against
Women (CEDAW), 1992.
31
Pastor (Mrs) Abimbola Patricia Yakubu v. Financial Reporting Council of Nigeria &
Anor, Suit No. NICN/LA/673/2013 (National Industrial Court, Lagos Division November
24th, 2016)….Also see the following cases: Dorothy Adaeze Awogu v. TFG Real
Estate Limited, Suit No. NICN/LA/262/2013 (National Industrial Court, Lagos Division
June 4, 2018); Stella Ayam Odey v. Ferdinand Daapah and Cuso International
(unreported), Suit No: NICN/ /CA/03/2016 (National Industrial Court, Calabar Division
January 13th, 2017)
U.I Law Journal vol. 12 Institutional Frameworks on Sexual…
harasses anyone sexually in Lagos State is culpable of a crime liable to three
years imprisonment.
8. The Violence Against Persons (Prohibition) Act 2015 (Nig.) Section 46
(VAPP) Act defines Sexual harassment and sexual intimidation, inter-alia,
as follows:
“indicates unwelcome behaviour of a sexual nature or other
behaviour based on sex or gender which is repeatedly or grave
and degrades, debases or makes the environment hostile and
uncomfortable, this may be in different forms, by physical touch,
words or actions”
Sexual intimidation means:
(a) any act or situations that constitutes request for sexual interaction
with anyone (male or female) in any manner as a prerequisite for
excelling in examination, securing job, getting customers for
business patronage or winning contracts, receiving any support or
kindness of such, as defined in this enactment or other enactment
in operation in Nigeria;
(b) the precise request or order for sexual association with any persons
(male or female) in any manner as a prerequisite for excelling in
examination, securing job, getting customers for business
patronage or winning contracts, receiving any support or kindness
of such, as defined in this or other enactment in operation in Nigeria;
(c) deeds which deprives, withholds, replaces, or swindles the rights,
liberties, integrity, well-being, or hampers or tampers with
examination or/and text gradings, and other type of character
competent of compelling anyone to give-in to sexual affair for an
exchange for receiving official pardon: or
(d) any other act or ommision interpreted as sexual threats or
harassment under this or other enactment in operation in Nigeria.
U.I Law Journal vol. 12 Institutional Frameworks on Sexual…
9. It is pertinent to note that the VAPP Act applies only to Abuja,
although several other Nigerian States have adapted and adopted
similar laws to address both private and public sexual violence
including- Oyo, Ogun, Osun, Ekiti, Edo, Anambra, Enugu, Ebonyi,
Benue, Cross-rivers, Kaduna, Plateau and Bauchi
32
. Meanwhile, most
of the above referenced legislations do not explicitly address the issue
of sexual harassment but, it appears that victims could use them as a
basis for seeking a redress coupled with, international treaties
(Convention on Elimination of Discrimination Aagainst Women,
International Labour Organisation, African Charter on Human and
People’s Rights) signed and ratified by the country.
33
Due to the non-
explicit and fragmented legal provisions on sexual harassment,
interpretation of the law is inevitably capable of several meanings
which might hamper the uniform application of justice and hinder
victims from seeking redress from the court of justice.
Narrowing it down to the education sector, the bill that intends to protect
Tertiary Educational Institutions of Nigeria from sexual harassment is yet
passed into law. A quick reference to it; the Sexual Harassment in Tertiary
Educational Institutions Prohibition Bill 2016 (SHB). Section 3 of the SHB
recognizes the existence of a relationship of authority, trust and dependency
involving a student and an educator of an institution, a breach of which is
deemed unlawful. Any educator established to have committed an offence of
sexual harassment (which is extensively defined in Section 4 of the Bill to
include having or demanding sexual intercourse from a student as a
prerequisite for scoring a good grade, grabbing, fondling, hugging, pinching
or stroking any body part of a student, whistling or winking at a student or
making sexually complimentary or uncomplimentary remarks about a
student’s physique, is liable on conviction, to be sentenced to imprisonment
of up to 5 years but not less than 2 years. This bill was reintroduced to the
32
AD Aina-Pelemo, PA Ejembi, Op Cit, n.4, p. 26; PO Bello, Op Cit, n. 12.
33
AD Aina-Pelemo, MC Mehanathan, P Kulshrestha, IT Aina, ‘Sexual harassment in the
workplace: Case study of the Nigerian legal sector’ (2019) (86)125, Journal of Law, Policy
and Globalisation <https:// 10.7176/JLPG/86-13> accessed 16 October 2022
U.I Law Journal vol. 12 Institutional Frameworks on Sexual…
Senate in 2019, in the wake of a BBC
34
reported a documentary event of
sexual harassment between female students and lecturers at two West African
Universities in Nigeria and Ghana.
However, this Bill has been faulted by academics for being non-inclusive,
earmarking University lecturers who are only a fragment of the education
community and society.
35
In addition, the Bill does not give protection to
persons who are employees, potential students, parents or have legitimate
business with the educational institution. Neither does it guard against
student-to-student harassment, nor include students in primary or secondary
schools.
Caveat
Despite the availability of these legal provisions and institutional policies,
implementation remains problematic (Amnesty International, 2009).
36
The
victims of sexual violence heavily shoulder the burden of proving the
legitimacy of the act with circumstantial evidence usually being
unacceptable.
37
Alleged perpetrators often get away blameless for lack of
corroborative evidence needed to confirm, support and strengthen other
pieces of evidence. Acts of sexual harassment occur in places inaccessible to
eyewitness in most cases. The culture of silence surrounding sexual violence
is being promoted by lack of awareness and knowledge of the due procedures
or actions that should be initiated by victims of sexual harassment about
34
BBC, ‘Sex for grades: calls for action after BBC Africa eye film’ (Lagos, 8 October 2019)
<https:// www.bbc.com/news/world-africa-49978869> Accessed 16 October 2022
35
C Kumolu and B Adelaja, ‘Sexual Harassment Bill- Growing Concerns over Randy Dons
in Ivory Towers’ the vanguard’ (Lagos, 06 July 2016) The vanguard
https://www.vanguardngr.com/2016/07/sexual-harassment-bill-growing-concerns-randy-
dons-ivory-towers accessed 16 October 2022
36
Amnesty International, ‘Nigeria: Rape: The Silent Epidemic’ (28 November 2006)
<https://www.amnesty.org/en/documents/afr44/020/2006/en/> accessed on 16 October
2022
37
A Zubairu, H Abdulwaheed, S Giwa, A Abass, R Adidu, V Okagbue and IO Balogun,
‘Against violence against women’ (2007) 1 Baobab Legal literacy Leaflet <https://
www.baobabwomen.org/AVAW.doc> accessed on 16 October 2022; CO Adekoya,
‘Evolving Innovative and Effective response to the scourge of rape as a form of Sexual
Violence against women in Nigeria’ (2007) Paper presented at the annual meeting of Law
and Society Association, TBA, Berlin, Germany
U.I Law Journal vol. 12 Institutional Frameworks on Sexual…
rights to legal redress coupled with cost of legal representation, as well as
social stigma.
38
Societal myths, which express gendered assumptions that are
particularly antagonistic towards women, still prevail. Hence, when women
cry out against abuse, harassment or any other form of discrimination, the
assumption is that, they are doing so to blackmail, seek cheap thrills, or gain
attention. It is a pervasive and enduring prejudice to construct women’s
words and memories as untrustworthy. This impacts all aspects of sexual
violence. These beliefs adversely affect administrative and criminal justice
systems in Nigeria. This makes persistent and widespread tackling of cultures
of sexual inequality an urgent action.
In a strong patriarchal society such as Nigeria, with underlying traditional
and religious strongholds, the cultural milieu requires strong commitment by
the government and relevant stakeholders to amplify the gender lens in
addressing gender imbalances prevalent in the society. Article 5, of the
Convention on the Elimination of all Forms of Discrimination Against
Women (CEDAW), recognizes this constraint on equality, and requires that
nations address such prejudices and stereotypes. It is urgently necessary to
end sexual harassment and all acts of sexual violence by changing behaviour
and culture emphasis on the skewed and rigid power distributions. Despite
all odds, this study seeks to evaluate the Nigerian legal framework on sexual
harassment, students’ experience of sexual harassment by gender and
institutional knowledge of internal policies on sexual harassment.
Research questions
1. Does the experience of sexual harassment differ by gender?
2. Are there institutional mechanisms that students can utilize in
confronting experiences of sexual harassment?
3. What are the student’s attitudes toward the need for national
legislation on sexual harassment?
38
AJ Ajuwon, ‘Adolescence: The Excitements, Complexities and Challenges. (An Inaugural
Lecture Series presented at the Multi-purpose Hall of the University of Ibadan on 27th June
2013).
U.I Law Journal vol. 12 Institutional Frameworks on Sexual…
Hypothesis
1. There is a significant difference in the need for National legislation
and the possibility of NICN to address sexual harassment without
National legislation.
RESEARCH METHODOLOGY
Four Hundred and Seventeen (417) male and female respondents were drawn
from the students studying in private and public Universities, Polytechnic,
and College of Education across the South-Western region of Nigeria. The
sample was drawn in strata and data collected between the periods of January
to March, 2020 via self-administered questionnaires. Given the sensitivity of
the topic, the structured questionnaire, with slight modification but, similar
to Sexual harassment Experience Questionnaire (SEQ) of Fitzgerald et al.
39
was prepared and collected in anonymity to protect the identity of the
respondents. Additional questions on institutional policies were adapted from
the AAU Campus Climate Survey.
40
Oral informed consent was sought from
all respondents before administering the questionnaire and the front-page
detailed an explanation on the respondents’ right to either accept or refuse to
participate in the study before introducing the questions.
The structured, non-disguised, multi-choice, open-ended, and closed-ended
questionnaire was designed into two parts entitled: Questionnaire on
Incidence, Experience and Occurrence of Sexual Harassment in Selected
Tertiary Institutions in Nigeria. Thirty-four (34) questions were structured
and divided into four (4) parts. The first (8) eight questions focused on the
demographics of the participants (gender, age, institution, marital status,
occupation, academic category and degree category). The other parts were
39
Louise Fitzgerald, Michele Gelfand and Fritz Drasgow, ‘Measuring Sexual Harassment:
Theoretical and Psychometric Advances’ (1995) 17 (4) Basic and Applied Social
Psychology <https://10.1207/s15324834basp1704_2/> accessed on 16 October 2022
40
D Cantor, B Fisher, S Chibnall, R Townsend, H Lee, C Bruce and G Thomas, ‘Report on
the AAU Campus Climate Survey on Sexual Assault and Sexual Misconduct’ (2017)
<https:// https://www.aau.edu/sites/default/files/AAU-Files/Key-Issues/Campus-
Safety/AAU-Campus-Climate-Survey-FINAL-10-20-17.pdf> accessed on 16 October 2022
U.I Law Journal vol. 12 Institutional Frameworks on Sexual…
designed according to the research questions and hypotheses raised. The
second (9) questions deals with the respondents and experiences of sexual
harassment in their institutions, the third (8) questions were based on
knowledge of institutional mechanism or internal policies and the incidences
of sexual harassment, and the last (9) questions bother on the National
Industrial Court of Nigeria and potential long-term solutions to sexual
harassment in relevant Tertiary Institutions. In analysing the data of the sole
hypothesis, Pearson correlation analysis was adopted, research questions
generated were answered using simple arithmetic percentages, pie chart, bar
graph and t-test.
Variables
Frequency
Gender
Male
181 (43.4%)
Female
236 (56.6%)
Age
<18 years
51 (12.2%)
18 - 25 years
296 (71.0%)
26 - 32 years
51 (12.2%)
33 - 39 years
9 (2.2%)
40+
10 (2.3%)
Marital Status
Single
372 (89.2%)
Married
33 (7.9%)
Divorced
2 (0.5%)
Others
10 (2.4%)
Qualification
Doctorate
16 (3.8%)
Masters
21 (5.0%)
Bachelors
44 (10.6%)
Undergraduate
310 (74.3%)
U.I Law Journal vol. 12 Institutional Frameworks on Sexual…
RESULTS
The findings on demographic characteristics of the respondents are presented
in Table 1. Of 417 respondents in the study, 56.6% females and 43.4% males
responded accurately. A majority of the respondents were between 18 and 25
years, (89.2%) single, and 7.9% were married. A significant number of the
study population are (74.3%) undergraduates from (10) ten private and public
Tertiary Institutions.
Table 1: Demographics of the Respondents
Hypothesis 1: There is a significant difference in the need for National
legislation and the possibility of NICN to address SH without National
legislation
Table 2: significant difference in the need for National legislation and
the possibility of NICN to address sexual harassment without National
legislation
Need for National Legislation
Can only NICN address SH
without National Legislation
Pearson
Correlation
0.125**
Sig.
0.011
N
417
**. Correlation is significant at the 0.05 level
Postgraduate Student
26 (6.1%)
Category of
Institution
Public University
126 (30.2%)
Private University
194 (46.5%)
Polytechnic
53 (12.7%)
College of Education
44 (10.5%)
U.I Law Journal vol. 12 Institutional Frameworks on Sexual…
The Pearson Correlation coefficient obtained is statistically significant
(p˃0.05) and shows weak or negligible relationship (r=0.125) between the
need for national legislation and the ability of NICN address SH without
National Legislation.
Research question 1- Does the experience of sexual harassment differ by
gender?
Figure 1: Relationship between experience of sexual harassment and
student gender
A chi-Square test of non-alignment was carried out to measure the
relationship between experience of sexual harassment and gender of student.
There appears to be a significant association between the two variables, X2(1,
N=417) = 10.99, p = .001. Men were less likely to experience sexual
harassment compared to women.
U.I Law Journal vol. 12 Institutional Frameworks on Sexual…
A further analysis of the forms of sexual harassment experienced by the 150
students revealed that female students experienced more of sexual forms,
while male students experienced more of gender harassment. A chi-square
test of independence further indicated a significant difference by gender
X2(4, N=150) = 44.51, p = .000.
Figure 2: Further analysis of the forms of sexual harassment
experienced by respondents
Research question 2: Are there institutional mechanisms that students can
utilize in confronting experiences of sexual harassment?
U.I Law Journal vol. 12 Institutional Frameworks on Sexual…
Students’ knowledge of available sexual harassment policies within their
respective schools are presented in Table 3.
On the one hand, over half (53%) of the respondents do not know whether
their institutions have any internal policies on sexual harassment, while on
the other hand (60.2%) of the respondents said they have not attended an
assembly, workshop, or received training or classes organised by their
institution on the subject matter. This indicates that the majority of the
institutions where the respondents were drawn do not have internal policies
and those with policies do not only lack clear knowledge of it but (55.4%) do
not know how to go about the institutional complaint procedures when faced
with such issue.
Table 3: Student’s knowledge of institutional policy of sexual
harassment
Questions
Response
Frequency
%
Does your institution have any internal
policies on sexual harassment?
Yes
Don’t
know
196
221
47.0
53.0
Have you ever
attended an
assembly,
workshop, or
received any
other type of
training or
classes offered
by this school
that covered; ...
The legal definition
of sexual assault?
Yes
166
39.8
No
251
60.2
What the definition
of "consent" is and
how to obtain it
from a sexual
partner
Yes
145
34.8
No
272
65.2
This school's policy
on sexual assault?
Yes
165
39.6
No
252
60.4
How to report
sexual assault?
Yes
186
44.6
No
231
55.4
What services are
available for
survivors of sexual
assault?
Yes
132
31.7
No
285
68.3
U.I Law Journal vol. 12 Institutional Frameworks on Sexual…
Research question 3: What are the student’s attitudes toward the need for
national legislation on sexual harassment?
Table 4: student’s attitudes toward the need for national legislation on
sexual harassment
Awareness of NICN and its judicial power
on SH
Yes
No
Gender
Male
105 (58.0%)
76 (42.0%)
Female
116 (49.2%)
120 (50.8%)
Figure 3: Student’s attitudes toward the need for national legislation on
sexual harassment
050 100 150 200 250
Yes
No
Number of respondents
Response to the question “what are the student’s attitudes toward the
need for national legislation on sexual harassment”
U.I Law Journal vol. 12 Institutional Frameworks on Sexual…
Figure 3 above shows a little difference in the population of students’ level
on NICN awareness in both gender, this results indicates the need for
awareness of NICN and its judicial power on sexual harassment, although the
majority stated that there is need for National legislation aside from NICN to
address sexual harassment in tertiary institution which is a pointer on how
effective NICN is.
What are the possible long-term solutions to sexual harassment in the
Nigerian tertiary institutions?
Figure 4: Long-term solutions to sexual harassment in the Nigerian
tertiary institutions
0
50
100
150
200
250
300
Mandatory
provision of
Internal Policy
Provision of
National
Legislation
Creation of
awareness
through diverse
means
All of the above
None of the
above
Number of respondents
The possible long-term solutions reflect the need for awareness through
diverse means (as seen in the table 3 showing students’ awareness about
NICN), including mandatory provision of internal policy and national
legislation.
DISCUSSIONS
On the sole hypothesis raised that there is a significant difference in the need
for national legislation and the possibility of the NICN to address sexual
harassment without national legislation, the study found that the National
Industrial Court of Nigeria is inadequate for handling sexual harassment
U.I Law Journal vol. 12 Institutional Frameworks on Sexual…
matters in Nigerian Tertiary Institutions. Historically, there have been
controversies as to the relevant courts having jurisdiction to address such
matters which has led to the proliferation of cases under different subjects of
law as well as attracting diverse claims and insinuations. This finding is in
conformity with the recent claims made by the counsel to a defendant
convicted of sexual harassment in the appeal case of Professor Richard Iyiola
Akindele v. Federal Republic of Nigeria who was convicted and imprisoned
for 2 years having been found guilty of quid-pro-quo sexual harassment by
Honourable Justice Maurine Onyetenu of the Federal High Court, Osogbo
judicial division. On appeal, the said counsel to the convict argued that the
appellant was tried under a wrong court and law, that the matter ordinarily
should be addressed by the NICN. nevertheless, the appeal was dismissed on
the ground that all courts of superior records have the power to try offences
under the Independent Corrupt Practices (and other related offences Act)
2000 ICPC Act, section 26(2). Meanwhile, the challenge of not having a
precise law or court on sexual harassment matters could not only lead to
abuse of court process but also hinder the victims from seeking redress from
the Court and consequently indulging the perpetrators.
Generally, section 254C (1) (g) of the 1999 Constitution of the Federal
Republic of Nigeria, Third Alteration Act, 2010 has empowered the NICN to
adjudicate on matters related or incidental to sexual harassment while the
Independence Corrupt Practices Commission (ICPC) is authorised to handle
any form of sexual corruption of government employees, see section 112A
(1)(2) of the Independent Corrupt Practices (and other related offences Act)
2000. Although the power of NICN is civil and that of ICPC is criminal in
nature, comprehensive law on sexual harassment in all public institutions in
Nigeria is needed especially at the tertiary level of education. This is required
to clear any ambiguity, create fear in the perpetrators and encourage victims
to exercise their constitutional rights. In support of this finding, a significant
number of the respondents affirmed that NICN or any designated body
cannot effectively address sexual harassment without a comprehensive
national law.
Similarly, a Nigerian study conducted among lawyers revealed that 43.7% of
the respondents lack knowledge of the constitutional power of the NICN on
U.I Law Journal vol. 12 Institutional Frameworks on Sexual…
sexual harassment matters and 87.5% are of the view that NICN cannot solely
address issues of sexual harassment.
41
Similarly, in this study, over half of
the respondents, especially the females, are unaware that the NIC has the
judicial power to adjudicate on sexual harassment matters. This indicates the
gap between the law and the people that the law was provided to protect.
Hence, the attitude of the respondents on the available sexual harassment
legal provisions especially about the judicial power of the NIC on the subject
matter is pitiable, as about half of the respondents do not know that NIC has
the power to adjudicate on matters related with and incidental to sexual
harassment. When measured by gender, the awareness of males is slightly
higher than that of females. It may well be that the knowledge deficit is due
to the lack of a comprehensive legal framework on sexual harassment in the
country or the relevant higher education bodies. This is an area for further
study. This finding takes us to previous findings of scholars within the field
that recorded that there are no definite legal regulations on sexual harassment
in Nigeria.
42
Apparently, there appears to be fragmented legal framework on sexual
harassment but there remains a need for unified legal framework on sexual
harassment in Nigeria. As indicated earlier, the Government of Nigeria
proposed the Sexual Harassment in Tertiary Educational Institutions
Prohibition Bill 2016 (Nig.) (SHB) and the said Bill has passed the third
reading of the Senate and currently awaiting the assent of the president but
the adoption process has been stalled by counter claims of academics who
have pointed out the defects in the bill. Despite all issues raised about the
SHB, it is the first practicable step of eradicating sexual harassment from
Nigerian Tertiary Institutions if passed into law. Most developed and some
developing countries have either a national legislation or uniform university
regulations criminalizing or prohibiting matters of sexual harassment in the
41
AD Aina-Pelemo, MC Mehanathan, P Kulshrestha and IT Aina ‘Sexual harassment in the
workplace: Case study of the Nigerian legal sector’ Op Cit, n.26.
42
Ibid; PO Bello, Op Cit, n. 12, p.182; EI Anierobi, CE Etodike, VN Nwogbo, NU Okeke
and MN Nwikpo, Op Cit, n. 14, p. 269
U.I Law Journal vol. 12 Institutional Frameworks on Sexual…
tertiary institutions,
43
and if not adhere to, such institution may be penalized.
Examples include The Australian Sex and Age Discrimination Legislation
Amendment Act 2011 (No. 40, 2011), Section 2(A) & (B); Title IX of the
Education Amendments of 1972, U.S. Equal Employment Opportunity
Commission, 1999; University Grant Commission, Prevention, Prohibition
and Redressal of Sexual Harassment of Women Employees and Students in
Higher Educational Institutions Regulations, 2016, New Delhi etc. The few
mentioned and many more provide specific legislation for the protection of
tertiary institutions against any form of sexual and non-sexual harassment
while those without a specific law added higher education or tertiary
institutions under their national laws on sexual harassment. In addition, the
respondents were further asked to suggest the long-term solution to the
menace, and the finding shows that the ‘all of the above’ option was selected
by the majority. This indicates that intense creation of awareness through
diverse channels, mandatory provision and implementation of internal
policy, and establishment of national legislation is wanting in Nigerian
Tertiary Institutions which could impedes efforts to eradicate or mitigate
sexual harassment from the campuses.
From the research question one, the authors found that sexual harassment
experience differs by gender. Both male and female experienced sexual
harassment, the males were less likely to experience sexual harassment
compared to females and female were found to experience sexual forms of
harassment while the majority of the male surveyed experienced gender
harassment. The types of sexual forms experienced by the surveyed female
ranges from Sexual Coercion: Grabbing, forced kissing, fondling, assaulting
and coercing another for sexual intercourse or rape; Sexual Imposition:
Physical conduct of a sexual nature which involves unwanted/inappropriate
physical contact, sexually explicit pictures including calendars, posters or
electronic mail messages or mobile messages, unwanted letters or poems
stalking, unnecessary touching, patting, pinching, brushing against another
43
AD Aina and P Kulshrestha, ‘Sexual Harassment in Educational Institutions in Delhi’NCR,
(India) Level of Awareness, Perception and Experience. Sexuality and Culture [2017] (21)(1)
109
U.I Law Journal vol. 12 Institutional Frameworks on Sexual…
person's body; Seductive Behaviour: this includes non-verbal conduct of a
sexual nature, which refers to the display of pornographic or sexually
suggested pictures, sextting, objects or written materials; leering, whistling
or making sexually suggestive gestures, indecent dressing, exposing one’s
private parts, sitting or gesturing sexually, sexually suggestive touching,
inquiries into colleague's sex life, obscene letters or comments; to Sexual
Bribery or Sex for marks: this entails verbal conduct of a sexual nature that
includes unwelcome sexual advances, exchange of sex for mark(s),
propositions or pressure for sexual activity, suggestions for social activity
outside the work and study place, sexual favours in return for rewards and/or
admission and threats if sexual favours are not provided, sexually explicit
remarks, offensive flirtations, suggestive remarks, innuendoes or lewd
comments, using position of authority to request a date and repeated requests
for a date after being told 'no', blackmail etc. While the male experienced
more of Gender Harassment: sexist jokes, lewd jokes, foul languages etc.
In conformity with this finding, the study conducted by Street, Gradus,
Strafford, & Kacie showed that females reported a higher rate of sexual
harassment, with experiences of all odd subtypes and male experienced
stronger negative mental health symptoms when compared with female. Also,
male were more likely to experience gender-based harassment as compared
with female that mostly experienced sexually based harassment.
44
Consistently, most studies on sexual harassment and experience in Nigerian
Tertiary Institution although, not conducted by gender, shows that female
students experience sexual harassment within the Nigerian Tertiary
institutions.
45
44
ES Army, L Jaimie Gradus, Jane Strafford and Kacie Kelly, ‘Gender Differences in the
Experience of sexual Harassment: Data from Male-Dominated Environment’ Journal of
Consulting and Clinical Psychology [2007] (75) (3), 464-474 <https:// doi:10.1037/0022-
006X.75.3.464> accessed 15 October 2022
45
EI Anierobi, CE Etodike, VN Nwogbo, NU Okeke and MN Nwikpo, Op Cit, n. 14, p. 266;
PO Bello, Op Cit, n. 12, p. 180; Suleiman Mohammed Saheed, ‘Perception of Sexual
Harassment among Female Students of Tertiary Institutions in Northern Nigeria’ Ife Social
Sciences Review [2017] (25)(2) 80 – 89; EF Effa, EO Okokon, AB Nwagbara and S Bello,
Op Cit, n. 16; Margaret-Mary Mezie-Okoye, and Folusho F Alamina, Op Cit, n. 16, p. 80.
U.I Law Journal vol. 12 Institutional Frameworks on Sexual…
The significance of this study is that the respondent surveyed cut-across male
and female gender as opposed to the majority of the previous studies that
essentially focused on females. The experience of sexual harassment was
measured by gender, though not via percentage but bar chart, and it shows
that there are no statistically significant differences between the responses of
the respondents based on the independent variables measured. This implies
that both male and female students experience sexual harassment in Nigerian
tertiary institutions except that the form of harassment experienced by gender
differs. The comparative impact and perception of sexual harassment on the
respondents was not measured by gender, a gap for further study.
On the second research question whether there are institutional mechanisms
for students to confront sexual harassment in the case of any incidence and
their knowledge about the mechanisms; the institutions surveyed are (10) ten
in numbers, (3) private, (3) public, (3) polytechnics and (1) college of
education in the South-West region. It was found that a majority of the
respondents do not know the following: definition of sexual assault, meaning
of consent, how to obtain consent from sexual partner, their institutional
policy on the subject matter, how to report such issue when faced with it as
well as the available institutional provisions for such victims. This could
indicate three things: that the respondents do not have knowledge of the
institutional mechanisms provided for addressing sexual harassment or, the
institutions do not have internal policies on sexual harassment and/or the
institutions have internal policies on the subject matter but no education was
given to the students on the subject, another gap for further research.
Consistent with this study, Joubert et al.
46
found that higher institutions with
sexual harassment policies could not effectively implement the policy due to
low knowledge of the policy since the training, education and/or guidance on
the utilization of the policy was not given to all the stakeholders but a few.
46
P Joubert, C Van Wyk and S Rothmann,‘The effectiveness of sexual harassment policies
and procedures at higher education institutions in South Africa’ SA Journal of Human
Resource Management/SA Tydskrif vir Menslikehulpbronbestuur (2011) 9(1), 1–10
<https:// 10.4102/sajhrm.v9i1.310> accessed 16 October 2022
U.I Law Journal vol. 12 Institutional Frameworks on Sexual…
Similarly, Norman et al.
47
found that the surveyed institution have a sexual
harassment policy but the policy was not widely circulated amidst the
stakeholders; hence, the majority of the students lack knowledge of the
institutional provision. Also, the respondents surveyed by Das and Rath
48
do
not know the various sexual harassment policies protecting them in their
college. Similarly, there are instances where the respondents have good
knowledge of the topic ‘sexual harassment’ yet, do not know the institutional
mechanisms safeguarding them against sexual harassment. Despite the
respondents’ significant knowledge of sexual harassment, 61.3% do not
know the institutional procedures or Grievance Committee addressing the
issues of sexual harassment in their colleges.
49
The same finding was also
seen in the study conducted by Aina and Kulshrestha,
50
where a large number
of the respondents lack knowledge of the body or committee provided to
address issues of sexual harassment in their respective institutions.
In contrast to this study, mapped out research found that the respondents have
relatively high knowledge of sexual harassment. This, however, does not
prevent them from falling victim of sexual harassment.
51
This indicates that
such knowledge is either not clear or it is exclusive of the reporting
procedures, further gap for study. The role of institutions cannot be under
estimated when it has to do with educating students and staff on sexual
harassment policies and procedure for seeking redress when faced with such
47
ID Norman, M Aikins and FN Binka, Op Cit, n 2. p. 133.
48
MP Das and DP Rath, ‘The low level of awareness and impact of intervention about sexual
harassment’ International Journal of Social Science and Humanities [2015] (3)(4) 283–286
49
G Aditi, P Sangeetha and EM Binu, ‘Knowledge of sexual harassment among the
undergraduate students in Udupi district’ Nitte University Journal of Health Science [2016]
(6)(2) 4–9
50
AD Aina and P Kulshrestha, Op Cit, n. 36, p. 111.
51
D Apaak and EO Sarpong, ‘Knowledge level and incidence of sexual harassment in sports:
Views of Ghanaian female university athletes’ Journal of Educational and Social Research
(2015) 5(3) <https:// 10.5901/jesr.2015.v5n3p121> accessed 16 October 2022; DO Omonijo,
OOC Uche, K.L Nwadiafor and OA Rotimi,‘A Study of Sexual Harassment in Three
Selected Private Faith-Based Universities, Ogun-State, South-West, Nigeria’ Open Journal
of Social Science Research (2013) 1(9) https://10.12966/ojssr.12.03.2013 accessed 16
October 2022
U.I Law Journal vol. 12 Institutional Frameworks on Sexual…
act. Hence, clear explicit knowledge of sexual harssment is wanting in most
tertiary institutions in Nigeria.
Declaration of Competing Interest
None
CONCLUSIONS AND RECOMMENDATIONS
This study examines the Nigerian legal framework on sexual harassment,
students’ experience of sexual harassment by gender and students’
institutional knowledge of internal policies on sexual harassment. The study
found that the fragmented legal framework cannot effectively address issues
of sexual harassment in Tertiary Institutions. In fact, the existing legal
provisions are too scanty, unstructured and generic in nature; hence, cannot
effectively sanction perpetrators or encourage victims to report or file suit in
court when the need arises. This consequently increases the occurrence of
sexual harassment in Nigerian tertiary institutions. Although enacting a
comprehensive law might not necessarily abrogate sexual harassment in
Nigerian tertiary institutions, it could effectively mitigate it. Some
recommendations are indicated below.
The proposed bill on Tertiary Institutions should be modified to
encompass all academic levels including primary and secondary
schools and be passed into law as soon as possible.
The National University Commission (NUC) and stakeholders should
ensure that all proprietors or Vice-Chancellors are mandated with the
duties of guaranting a workplace free from all forms of sexual and
non-sexual harassments. This can be achieved by organising trainings,
workshops, seminars and different awareness measures to sensitise
employees and create a zero-tolerance organisational structure and a
report be made to it on a yearly basis.
Any University that fails to comply with the NUC regulations
regarding sexual harassment should be fined heavily and punished by
gazetting or blacklisting the name(s) of the organisation in a National
daily newspaper.
A body with confidential procedures should be set-up by all academic
institutions to address the issue of sexual harassment when reported
U.I Law Journal vol. 12 Institutional Frameworks on Sexual…
internally and be supervised by an external body so as to encourage
victims’ cooperation and reduce retaliation or hostility.
The employer should ensure that a Sexual Harassment Policy is
included in employee, and student handbooks, and there should be
regular training sessions on sexual harassment for staff and students
with emphasis on the procedures of laying complaints internally.
The employer can also mandate the employees to fill an Anti-sexual
Harassment Form while joining the establishment, by adding it to the
employee’s recruitment pack and ensure that students do the same, by
adding a similar form to the student’s admission pack.
Reviewing existing Federal and State legal provisions on sexual
harassment so as to harmonize them, as well as domesticate
institutional policies on the subject matter.
Consideration should be made for such issues to be discussed at office
meetings work conferences, and the handbook on sexual harassment
should be kept in a conspicuous part of the workplace for ease of
access to everyone.
Compulsory creation and implementation of anti-sexual harassment
programs must be initiated by the employers, coupled with
harassment-free notifications place at different parts of the campuses.
These evaluation training programs should be assessed as often as
possible to check their effect in preventing obnoxious sexual
behaviours within the organisations.
Sexual education of male staff, with emphasis on discipline and self-
control should be prioritised, and women should be educated on how
to dress modestly and decently on Nigerian campuses.
