The Nigerian Senate has approved a major bill introducing severe penalties for sexual harassment in tertiary institutions, prescribing prison terms ranging from 5 to 14 years for anyone found guilty, with absolutely no option of fines allowed.
The upper chamber passed the Sexual Harassment of Students (Prevention and Prohibition) Bill, 2025 (HB.1597), during its third reading on Tuesday. The legislation aims to prevent sexual misconduct in educational settings and provide a clear legal framework for punishing offenders.
Penalties and Legal Framework
Senator Opeyemi Bamidele (APC, Ekiti Central), the Senate Leader who presented the bill for concurrence, explained the legislation’s purpose: “The Bill is enacted to promote and protect ethical standards in tertiary education, the sanctity of the student-educator relationship of authority, dependency, and trust, and respect for human dignity in educational institutions.”
Under the new law, penalties are stringent and non-negotiable:
- Major Offences: Anyone found guilty of the most severe offences defined in the bill faces up to 14 years in prison but not less than five years, with no fines allowed.
- Lesser Offences: Carry a sentence of two to five years, also without the option of a fine.
The bill allows students or their representatives to pursue civil action in court against educators for breach of fiduciary duty in sexual harassment cases. While institutions are permitted to manage internal disciplinary processes, these must halt if a criminal case on the same matter is underway in court.
Definition of Sexual Harassment
The legislation provides a broad definition of sexual harassment, including:
- “Grabbing, hugging, kissing, rubbing, or touching the breasts, hair, lips, hips, or any other sensual part of the body of a woman.”
- “Displaying, giving, or sending sexually explicit pictures or materials.”
- “Whistling, winking, making sexual remarks, or stalking a student.”
Crucially, the legislation states that consent by a student is not a valid defense, except in cases where the educator and student are legally married.
Complaints can be filed by the student, a relative, guardian, or lawyer to the Nigeria Police Force or the Attorney-General, with copies sent to the Independent Sexual Harassment Committee of the relevant institution.
Universal Application Debate
During the debate, Senator Adams Oshiomhole (APC, Edo North) suggested the law should be expanded beyond the education sector. However, Deputy Senate President Barau Jibrin (APC, Kano North) clarified that the bill was a concurrence from the House of Representatives and could not be substantially altered. He noted that existing laws already cover sexual harassment in other institutions.
The Senate passed the bill unanimously, hailing it as a key step toward ending sexual abuse and safeguarding the rights of students in Nigeria’s tertiary institutions.
Source: Punch Online
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