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[FULL DETAILS]: Nigerian Senate Approves Bill Against Sexual Harassment by Teachers or Lecturers in Educational Institutions

The Nigerian Senate has adopted a landmark bill aimed at combating sexual harassment in tertiary educational institutions, introducing severe penalties including up to 14 years imprisonment without the option of a fine for offenders. The legislation, which seeks to safeguard students from misconduct by teachers or lecturers, was approved following a third reading during Tuesday's plenary session.

Titled the Sexual Harassment of Students (Prevention and Prohibition) Bill, 2025 (HB.1597), the bill was presented for concurrence by Senate Leader Opeyemi Bamidele of APC, Ekiti Central, who emphasized that it is designed to protect students from all forms of sexual abuse in academic settings, while establishing clear legal mechanisms or frameworks for enforcement and punishment. "The Bill is enacted to promote and protect ethical standards in tertiary education, the sanctity of the student-educator fiduciary relationship of authority, dependency and trust and respect for human dignity in tertiary educational institutions by providing for protection of students against sexual harassment by educators in tertiary educational institutions; prevention of sexual harassment of students by educators in tertiary educational institutions; and redressal of complaints of sexual harassment of students by educators in tertiary educational institutions." he added.

It should be noted that the legislation outlines two tiers of offenses with corresponding penalties, ensuring no option for fines to underscore the seriousness of the crimes. For severe offenses to wit: engaging in sexual intercourse with a student; demanding or forcing sexual acts; creating a hostile environment through solicitation or advances; or inducing others to commit harassment, convicted individuals face imprisonment of up to 14 years, with a minimum of 5 years. While for lesser offenses that involves unwanted physical contact e.g., grabbing, hugging, kissing, or touching sensitive areas;  sending explicit materials; making sexual remarks about a student's physique or stalking, carry a prison term of up to 5 years, with a minimum of 2 years.

Interestingly EruditeBlog comments, consent from the student is not a valid defense for any offenses under the bill. The bill also allows students or their representatives such as relatives, guardians, or lawyers to file petitions with the Nigerian Police Force or the Attorney-General to initiate prosecutions. Copies of such petitions must be sent to the institution's administrative head and its Independent Sexual Harassment Prohibition Committee for records and potential internal actions.

Meanwhile, during consideration of the bill, several lawmakers commended its intent but called for broader coverage beyond the education sector. According to Senator Adams Oshiomhole, APC, Delta North, who argued that the legislation should not be limited to students alone but extended to address sexual harassment in workplaces and other settings, said, “There is no need to restrict sexual harassment issues to students. We should craft this law in a way that gives it universal application.’

However, Deputy Senate President Senator Barau Jibrin, APC, Kano North, who presided over the session, clarified that since the legislation is a concurrent bill from the House, and so not open to extensive debate but can only be amended. He further explained that there already exist laws addressing harassment in workplaces and other public institutions. After brief deliberations, the Senate passed the bill for third reading. Read full details of the bill below:

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(1) “Any person who commits any of the offences or acts specified in clause 4 (1), (2) and (3) of this Bill is guilty of an offence of felony and shall, on conviction, be sentenced to an imprisonment term of up to 14 years but not less than 5 years, without an option of a fine.

“(i) Any person who commits any of the offences or acts specified in Clause 4 (4), (5) and (6) of this Bill is guilty of an offence and shall be liable on conviction to an imprisonment term of up to 5 years but not less than 2 years, without an option of a fine.

CIVIL ACTION FOR BREACH OF FIDUCIARY DUTY

“Notwithstanding the provisions of clauses 4, 8, 9, 10, 11 and 1201 of this Bill or any other part of this Bill thereof, the sight of a student who complains of or alleges sexual harassment by an educator to commence and maintain a civil action in court for breach of fiduciary duty of care contrary to clauses 2 and 3 of this Bill shall be the same standard applicable in all civil proceedings."

“The standard of proof in any proceedings for an educator’s breach of the fiduciary duty owed to a student under clauses 2 and 3 of this Bill shall be the same standard applicable in all civil proceedings."

INSTITUTIONAL DISCIPLINARY MEASURES

“Nothing under this Bill shall preclude an institution from proceeding under its established policies, rules and regulations for the internal administrative discipline of its staff and students, provided that: Where criminal proceedings have been commenced under this Bill or are pending in a court in respect of a complaint of sexual harassment of a student by an educator, no disciplinary body, including an Independent Sexual Harassment Prohibition Committee in an institution, shall have the power to commence or continue disciplinary proceedings or render any decision in respect of the acts or offences complained of."

“Where a student makes a sexual harassment complaint against an educator, an institution’s Independent Sexual Harassment Prohibition Committee established under this Bill shall investigate, determine and render a final decision on the merits of the complaint in line with the provisions of this Bill, which shall supersede any existing policies, rules or regulations for internal administrative discipline of its staff and students.”

"Any educator shall be guilty of committing an offence or a felony of sexual harassment if he/she has sexual intercourse with a student or demands forces from a student or a prospective student, or intimidates or creates a hostile or offensive environment for the student by soliciting for sex from the student or making sexual advances towards the student, or directs or induces another person to commit any act of sexual harassment under this Bill, or cooperates in the commission of sexual harassment by another person without which it would not have been committed.”

“Grabs, hugs, kisses, rules or strokes or touches or pinches the breasts or hair or lips or hips of buttocks or any other sensual part of the body of a woman; or displays, gives or sends by hand or courier an electric or any other means naked or sexually explicit pictures or videos or sex related objects to a student-related or whistles or winks at a student or screams or exclaims or jokes or makes sexually complimentary or uncomplimentary remarks about a student’s physique or stalks a student."

“For the purposes of the offences created in Clause 4 of this Hili, it shall be a defence that the educator and the student are legally married."

“It shall not be a defence to any offence created in Clause 4 of this Bill that a student consented to any offence."

“For the purpose of proving the commission of any of the offences in Clause 4 of this Bill, it shall not be necessary for the prosecution to prove the intention of the accused person or the condition under which the act of sexual harassment was carried out.”

ON COMMENCEMENT OF CRIMINAL PROCEEDINGS

“(1) A written sexual harassment petition complaining of the offence or felony of sexual harassment against an educator may be filed or made by a student or by a student’s representative who may be a relative, a guardian, or a lawyer of the student, or any person who has interest in the wellbeing of the student to the Nigerian Police Force, or the Attorney-General, who shall take necessary measures to prosecute the educator in accordance with the provisions of this Bill.

“A copy of the written Sexual Harassment Petition complaining of sexual harassment in Clause 8 of this Bill shall be delivered by the student or the student’s representative to both the administrative head and the secretary of the Independent Sexual Harassment Committee of the affected institution for record purposes and such actions that may be required under this Bill.”

This bill represents a significant step towards creating safer academic environments in Nigeria, where reports of sexual harassment in universities and colleges have been a persistent issue. Once signed into law by President Bola Tinubu, it will impose stricter accountability on educators and institutions, potentially deterring misconduct and providing clearer pathways for justice.

Advocates for women's rights and student safety including International Federation of Women Lawyers (FIDA) have welcomed the development, viewing it as a response to long-standing calls for reform in the education sector.

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