What next for dons said to have sexually harassed students for marks? This is the question many are asking following the dismissal of some professors for this act. They should be prosecuted, say some senior lawyers. Kofoworola Belo-Osagie, Adegunle Olugbamila, Damisi Ojo, Nicholas Kalu and Odunayo Ogunmola report.
The sacking of Prof Richard Akindele by the Governing Council of the Obafemi Awolowo University (OAU), Ile Ife, Osun State for allegedly demanding sex from a post-graduate student, Monica Osagie, has again set the social media on fire.
While many applauded the university’s decision, others argued that the management should have handed the don over to law enforcement agents, for prosecution.
The Vice Chancellor (VC), Prof Eyitope Ogunbodede, who announced Akindele’s sack noted that the Council took the decision after finding him culpable of the charges against him.
Asked if the institution would move for Akindele’s prosecution, the VC answered “No”, adding that prosecution was not within its purview.
His statement raised concerns on the legality of OAU’s action and the incidence of sexual harassment in universities generally.
Some individuals, particularly students, who spoke to The Nation, noted that sexual harassment had been around for ages. However, with the evolution of social media, they believed it was time the phenomenon was reduced.
Govt deplores sexual
harassment
The Federal Government has asked universities to declare war on unwholesome practices, including sexual harassment, as it tarnishes the nation’s reputation.
At the 29th and 30th combined convocation of the University of Jos, held at its permanent site, National Universities Commission (NUC) Executive Secretary Prof Rasheed Abubakar, who represented President Muhammadu Buhari, urged universities’ Governing Councils not to treat cases of sexual harassment with kid gloves.
The President said the government would deal with any council that failed in this regard, urging them to demonstrate commitment to core values.
“To play any major role in Nigeria’s social, economic, political and cultural transformation, however, all universities in the country must demonstrate commitment to the core values of honesty, integrity, transparency, accountability and rule of law,” said Abubakar.
He added: “They must promote the culture of tolerance, accommodation and respect for other people’s cultures, religions and ways of life. They must stamp out all forms of academic and financial corruption, social vices including the worrying spate of sexual harassment which has continued to tarnish the cherished reputation of our nation’s citadels of learning.”
Background
Cases of sexual harassment in tertiary institutions often go unreported simply because the victims are afraid of being victimised; while a handful of cases that have so far been reported were either glossed over by the authority or not treated at all.
Earlier in the month, The Nation reported a case of a bursar, who was sacked by the management of Shehu Idris College of Technology, Kaduna State for alleged sexual harassment. He was later reinstated by the governing council, which found him not guilty, a development that sparked fresh outrage among students and members of the staff.
Also last month, an alumnus of the university of Lagos (UNILAG) released semi-nude pictures of a professor in the university’s Faculty of Arts on social media, accusing the lecturer of sexually harassing female students in the department. The whistle-blower added that the professor’s habit was known to many of his colleagues, who looked the other way because of the cult-like nature of their operations.
The university had since constituted a probe panel into the matter; but the VC, Prof Oluwatoyin Ogundipe, said the panel could get a clearer direction and investigation fast-tracked, only if the supposed victim could come out to testify.
“If the lady does not come out, how will the investigation be concluded? You must not hear from one side alone; you must hear from the two sides and balance the information you have gotten before taking decision and making recommendation,” Ogundipe said.
From the legal lens
A Professor of Law, UNILAG, Akin Oyebode, absolved OAU of any wrongdoing. “It is left for other agencies such as the police or ICPC (Independent Corrupt Practices Commission) to pick the man and charge him for ‘infamous conduct,” he noted.
Oyebode, who is also the pioneer VC of Ekiti State University, said he once chaired the Ethics and Disciplinary Committee of UNILAG, adding that, at the time, he was inundated with sundry allegations ranging from sexual harassment, extortion, demand for bribes for marks and so on, some of which could not be substantiated.
For any act of infamous conduct to be established, Oyebode insisted there has to be a complainant, while his or her allegation must be proved beyond every reasonable doubt.
“If you don’t have a complainant, it is difficult to act. Even when there are allegations, they remain mere allegations until the person, who alleged, is able to prove beyond reasonable doubts.”
Oyebode’s has an ally in another colleague Awa Kalu (SAN), who equally believed OAU had no business approaching any law enforcement agency, since the complainant did not deem it necessary to do so.
“I was once a student of that university and I know there is a police station right inside campus where the victim would have lodged a complaint if she’s not yet satisfied with management’s decision.
“Universities are established by statutes and OAU, therefore, lacks jurisdiction to deal with criminal offences. They have established Code of Conduct, and they must have revisited this code to establish culpability or otherwise of the accused.”
Pro-Chancellor and Chairman of Council, UNILAG, Dr Wale Babalakin, said prosecution should follow once the law is breached.
He said in an interview: “There must be zero tolerance for sexual harassment and any punishment meted out on anybody found sexually harassing students is appropriate. Bad behaviour must be punished. And harassing students is ultimate bad behaviour. There must be serious penalty for bad behaviour. It is failure to punish bad behaviour has cost us a lot in this nation So, I support what is being done, and really once the lecturer is disciplined, it is important that the university authorities investigates whether there are criminal issues involved. If there is a criminal issue involved, it must be prosecuted.”
In contrast, a lawyer based in Ado-Ekiti, Mr. Adeoye Aribasoye, believes Akindele is liable for prosecution.
Aribasoye said dismissal might not be enough if it was established that a crime known to law has been committed by the varsity don.
The lawyer explained that although an offence such as “sex-for-mark” is unknown to law, the culprit can be charged with abuse of office.
Aribasoye said: “It was established by the evidence gathered that there was an abuse of office, the sex-for-mark scandal is not known to law.
“On the abuse of office, the professor is liable and he can be charged to court for abusing his office in his alleged relationship with that student,” he said.
However, another lawyer, Fatade Sunday, agreed with Oyebode and Kalu.
He said: “The victim in this matter chose to take her case back to the institution and not to any law enforcement agency. If the action (dismissal) of the Governing Council (of OAU) last week is within the purview of the law setting up the university, then you cannot blame the management of OAU for not handing over the matter the police.”
Nevertheless, Fatade is aggrieved that there is a lacuna in the nation’s moral system, urging individuals to retrace their steps. “Nigeria’s problem will be solved when we begin to address our moral system and it begins from us as individuals.
“Take this issue of OAU for instance, you might be shocked that instead of the people feeling for the victim, more empathy will be shifted towards the accused.
“I am not saying that ladies too do not woo lecturers. But most of the unfortunate ones are not willing to speak out because they suffer in the end,” he added.
We endorse fair
process, says ASUU
National President, Academic Staff Union of Universities (ASUU) Prof Biodun Ogunyemi said the union would not kick against decisions against erring members, provided the process was fair.
“As a union, ASUU will not stand in the way of justice if what is done is according to the extant laws and procedures of the institution,” he said.
“We have always insisted on due process. When such a thing happen, we expect a committee to be set up, investigation thoroughly conducted while the accused is given fair hearing. This is because we believe in the Rule of Law,” he said.
On how the union educates members against unethical conducts, Ogunyemi added: “We always use every available platform to remind ourselves of our responsibilities as loco parentis to these students.
“We often remind ourselves that we are supposed to interact with them in a mutually-beneficial way because these students are the ones that will take over from us.
“Finally, remember that every university has an Ethics Committee, and we encourage our students to raise the alarm just in the event of any form of injustice against them.”
Victim, others speak
A member of the Concerned Parents and Educators Network, a Facebook education advocacy group, Mr Solomon Sunday, likened OAU’s investigation to an orderly room trial.
“If a police officer misuses his firearm and kills another person, he is first subjected to an orderly room trial. If he is found guilty, he is dismissed from service. Thereafter, he is sent to court for prosecution for murder. What OAU has done to the professor is an orderly room trial. A criminal proceeding in a court of competent jurisdiction should follow,” he said.
As a victim, a student of the University of Calabar (UNICAL), who did not wish to be named, praised Akindele’s dismissal. Having had a similar experience like Osagie, she said prosecution was in order.
“I think it is a very welcome development that he has been sacked. Again, I agree that it is not enough. He has to be prosecuted. I feel strongly about this because I have been a victim of such a situation here at the University of Calabar, where I am a student. If he goes to prison, it would be a very good thing because it would make him pay for the torture he has been putting his female students through,” she said.
However, beyond prosecution, institutions are being urged to strengthen the reporting framework so that students are not victimised and encouraged to raise the alarm without fear.
The UNICAL student said without such, lecturers would still not be deterred.
“The OAU lecturer is just unfortunate to have been caught, which I am still happy about, but it would not improve the situation. Here at UNICAL it is a big problem. It only means the lecturers will be more careful. You can imagine a lecturer will tell you to go and pay for a hotel room with your own money, so they will come and sleep with you there, else you will fail.
