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Pendulum: Is the President Aware this House is Falling?

BY DELE MOMODU

Fellow Nigerians, before the general elections of last year, I thought I had seen enough of the shenanigans of those in power. Things got so bad that I simply gave up. I even vowed to stay on my lane and let the heavens fall on all of us, if it must. Any independent and impartial observer would have concluded that those elections would be neither free nor fair. Any objective Nigerian watching from the inside, and participating, would also have felt the same. Both major parties were guilty of denying the Nigerian people the fair elections they desired, but the major culprit in ensuring the elections were certainly not free was the ruling Party. What we therefore ultimately witnessed was not an election. It was a shambolic, reckless and irresponsible act of crass political brigandage.

The leading political parties prepared for all-out war and it just happened that the bigger rigger won using all the power, force and might of the military, police and security agencies which were absolutely at its beck and call and ready disposal. It was no surprise, given the way the whole farce of an election had been set up, that those who control the appurtenances of power sought to completely obliterate anyone who stood in their paths.

Notwithstanding the shoddy and shameful elections, I was ready to excuse the excesses of the government in the first four years with the hope that once the second term had been achieved, we would hopefully see a government with drive and purpose. I should have known better. A leopard does not change its spots. So, by now, over one year into the second term, it is disgraceful that the leading political parties are yet to settle seriously into the onerous business of governance and indeed, opposition. The opposition has obviously capitulated without as much as a whimper, and the hapless Nigerian citizens are left practically voiceless.

In the first four years of the APC government, it was easy to place all the blame for the failure of the past on the previous ruling party, PDP. No worries. However more than a year into the second coming of the government, the current ruling party has not performed any better. Some would say that it’s fared even worse especially when you consider the goodwill and sheer weight of expectations that trailed the government when it first attained power.

I’m sure those who know how to deceive every government in power would be telling our President that all is well. They would congratulate him on having been able to fix most of the intractable problems of the country and virtually call him the Messiah. It is almost impossible for the President of Nigeria not to be afflicted with the Messianic Complex given the hero worshipping and idolising that goes with the bootlicking that is prevalent and all-pervading amongst our political class. No matter what the praise singers cry and drum out, all is not well in the polity and in our country as I will demonstrate in a jiffy, before offering my suggestions, as always. If after over five years, our country is still tottering, wobbling and virtually on the brink of collapse, the President in particular, and our political gladiators in general, must be told, without any atom of ambiguity, that Nigeria is haemorrhaging to death, at the speed of light. I will now lay out my reasons one by one.

The foundation of any government such as ours is supposed to be DEMOCRACY. Can anyone in good conscience say what we have today is close to that? The answer is a capital NO. The foundation of Democracy itself is FREEDOM. Can anyone say Nigerians enjoy freedom of thought, association and choice in Nigeria today? The answer is NO. The foundation of freedom is TOLERANCE. Has this government tolerated the plurality of the different nationalities and religions that make up Nigeria? The answer is NO. The foundation of tolerance is COMPASSION. Is this government compassionate towards the sufferings and cries of the generality of the people of Nigeria? The answer is NO. The unfolding crisis caused by the COVID-19 pandemic which the government is clearly incapable of handling with any degree of competence is a clear example of a government that is unserious in the extreme. The people deserve much more than the grave injustice being done to them at the altar of expediency by people who do not know how to handle a simple dilemma not to talk of a major emergency or calamity. The foundation of compassion is HUMILITY. Is our leader humble enough to appreciate the citizens and reach out to them directly, like he did, even if only to a limited extent, during political campaigns? The answer, unfortunately, again is NO. It seems the people have been used, abused, dumped and discarded. Soldiers and civilians are dying like rats and they’ve become hidden statistics, because the Government is neither brave nor bold to tell the public the truth. Either as a result of the war against criminal insurgency and banditry in the North East of the country or the nationwide catastrophe caused by the Corona Virus pandemic, lives are being wasted and people are falling like flies that have been sprayed with Shelltox. Even dogs and other pets enjoy obituaries and decent burials in some countries. Not anymore in Nigeria. Shallow graves and unceremonious body disposals as well as mass burials have become the order of the day, yet we are still being kept in the dark about these sad and unfortunate incidents.

Let’s now rewind and go back to the issue of Democracy. We are an extravagant lot. The variant of Democracy we chose is not what we can afford. We are operating an American Presidential system which thrives on political and corporate largesse when we have neither of these in our armoury. We are practising Capitalism without capital. We are wasting and frittering away our scarce resources on massaging human parasites called politicians instead of building our infrastructure deficit and servicing our desperate and unreasonable debts. If I didn’t have the opportunity of visiting other African countries, I would have thought this is how they all squander their resources. But that is not the situation. Other African countries are more prudent even if there is some corruption in their administration. They certainly are not brazen in the manner in which they go about that sort of nefarious activity. In Nigeria, our politicians actually legitimise their looting by passing legislation to give effect to the grand larceny that they are performing under the nose of the forlorn and wretched citizenry. Our matter is now looking like a curse was cast on us by a spellbinder or sorcerer and the man has since thrown the padlock and its key into the Atlantic Ocean and there is no one to set us free.

Political systems, philosophy, and principles are sustained by ideology. Sadly, we have none because we’ve kept our country on the spot. We enthrone mediocres, the criminal elements or worse. Some say we are on autopilot and that is what is making us continue as a nation. I don’t know about that. What I do know is that we are radarless and rudderless. We have no direction. We are like a shipwrecked vessel on the high seas bobbing and drifting about from one direction to the other, simply surviving because no strong waves have yet come to overturn it and end the misery of the ill-fated souls of passenger and crew.

So, politicians can wake up in APC and go to bed in PDP and vice versa. Let’s leave PDP alone for now, they now appear to more composed and comported than APC. Who would have thought that five years ago? The ruling party has become a monumental nuisance, disgrace and unmitigated disaster to our dear beloved country. Barely one year into second term, the APC apparatchik are already positioning themselves for the 2023 general elections. They have thrown caution and decorum to the winds. That’s the basis for the spate of unashamed and unabashed political fisticuffs and brawls ongoing in most parts of the country.

APC started its reign in 2015 with a bad omen. Instead of quickly putting its house in place and getting its acts together, they spent a total of four years pursuing and fighting some parts of the union of strange bedfellows that formed APC. They became so riotously cantankerous that people wondered if they thought they were still in opposition. It was so shocking that a Party that fought so much to attain power could not manage its victory and glory even for a day. The centre had been broken from the first day when they could not even agree on their Principal officers in the National Assembly.

As if it was not bad enough in the first term of this Presidency, the infighting in the seat of power in Abuja during this second term is atrociously unbelievable and abominable. There are factions in the Presidents political and personal families, operating directly under his nose, and he appears to be helpless and hapless. What could be worse than being treated like a lame duck this early in your second term. I’m aware that, on paper, the President has been sold many laudable projects that could catapult Nigeria truly to the next level, but unspeakable stealing, perfidious conduct and an irrational war of attrition won’t let them ever achieve a meaningful part of them. How tragic.

The main cardinal reasons some of us fell for the Buhari Presidency were as follows. That PDP had overstayed its welcome in power and was speedily leading Nigeria towards Golgotha. Buhari was seen as the last Saint standing who would have the moral right to fight corruption to its marrow and rid us of this cankerworm. That Buhari was antisocial and would curb the excessive proclivity of our politicians for outlandish lifestyles. That Buhari as a retired military Major General would chase Boko Haram and other bandits to the pits of hell and our security challenges would be over. That Buhari would put all the monies saved from different sources to judicious use and good causes. I leave you my readers to reach your personal conclusions on where we are with the expectation and hope. Mine is that our hopes were grossly misplaced and have been unfortunately dashed. I doubt if the NPN and its offspring PDP performed this woefully. Those who wish to bury their heads in sand like the proverbial ostrich are truly welcome to do so. We are at a sorry pass and nothing seems to matter anymore.

My message to President Muhammadu Buhari is that this house built with spittle and dew is collapsing and only a miracle can sustain it any further. The current battle for the soul of the cash cow, called NDDC, is so grisly that this government may not recover from it in a while, if ever. And even worse is the unceremonious manner the former Acting EFCC Chairman was abducted in James Bond fashion in broad daylight and whisked off to the Presidential villa for a phantom investigation by jurists and personalities who should know from past experience that what goes around comes around, while other security agents were busy denying the obvious story. I have no doubt that some people in government have picked on a wrong customer this time. This Ibrahim Magu has been on their wanted list for a long time. They should have muscled enough firepower to remove him during the screening. Once they missed that chance, they automatically turned him into a scorched snake. So, he already knew who his enemies were and has had ample time and resources to plan a rematch and plot the undoing of his traducers and adversaries. Again, they botched it by not finishing what they started very promptly.

I foresee torrents of salacious and scurrilous tales flying around sooner than later. The theatre of the absurd has already commenced in earnest. Fake and false news abound. Social media is agog and awash with moonlight tales of the good, the bad and the ugly. Trust me, it will get worse and uglier! The child who says his mother won’t have a good sleep must also stay awake all night. The genies and the worms are already crawling out of the Pandora boxes and cans. I see this house collapsing, like a pack of cards, like a straw hut blown away by the mere breath of the big bad wolf! Corruption is indeed fighting back, but from the inside, and against itself!

The spectators have ordered more popcorns…

Allegations: Magu Set For Defence, Promises To Cooperate With Salami Panel

Says: “I want a fair-minded probe.”

Ahead of the opening of his defence on Monday, the suspended Acting Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Ibrahim Magu, promised on Friday to cooperate with the Justice Ayo Salami Presidential Investigation Committee, TheNation reports

But he asked for what he called fair- minded probe proceedings against him and

said he was not contemplating any legal proceedings against President Muhammadu Buhari’s administration that has given him an opportunity to serve the country.

Magu made his position known in a statement in Abuja through his counsel, Mr. Wahab Shittu

The statement: “Our client appreciates the panel for ordering his release from custody even if the panel indicated it never ordered his detention at any time in the first place.

“Our client appreciates the efforts of the Buhari Administration in its commitment to the war against corruption including the ongoing probe being undertaken by the Hon justice Salami investigation panel.

“Our client undertakes to cooperate fully with the Salami panel by making available to the panel formal response to the allegations against him in the social media platforms and newspapers since he has not been formally served with copies of the allegations against him by the panel.”

But Magu, who asked Nigerians not to prejudge him, demanded a fair-minded probe by Salami committee.

The statement added: “Our client strongly appeals for a fair- minded probe proceedings against him including an open mind by the Nigerian people until the probe process is completed.

“ Our client acknowledges the widely respected integrity of Mr President and chairman of the probe panel, Hon Justice Ayo salami ( Rtd) and is hopeful that the truth in his case will ultimately prevail.

“ Our client urges Nigerians and the international community to continue to support the current administration’s quest to rid our society against graft.

“Our client takes his current travails with philosophical calmness without bitterness in the belief that no one is above the law, that no matter how big anyone is, the law is bigger. “ “Our client pleads that no publication be attributed to him without clearance from him directly or his counsel on record.

“ Our client will never be a party to any derogatory comments against this Administration which he considers himself to be an integral part of, and the President he respects so much.”

For the second time in a week, Magu ruled out court action against the administration of Presidenti Muhammadu Buhari on his travails.

“ Our client is not contemplating any legal proceedings against this Government that has given him an opportunity to serve and for which he retains uncommon respect and admiration mainly because of the commitment of the Administration to the anti-corruption crusades which he shares with passion.”

Magu Has Been Used And Dumped, Says Galadima

Buba Galadima, a former ally of President Muhammadu Buhari, says the removal of Ibrahim Magu, suspended acting chairman of the Economic and Financial Crimes Commission (EFCC), is a mere propaganda.

Buhari appointed Mohammaded Umar, former director of operations at the EFCC, as acting head of the commission after suspending Magu.

In an interview with The Sun, Galadima said Magu’s replacement is simply a case of “use and dump”.

He alleged that Magu had been doing the bidding of some powerful elements in the incumbent administration but had stepped on some toes which led to his suspension.

“His suspension was long overdue. Magu should have been long suspended from office but why it took Buhari’s administration five years to remove him may be a surprise to many Nigerians, but for me, it is not,” he said.

“Magu remained that long in office because he has been doing the bidding of some powerful elements in Buhari’s administration.

“But obviously he had stepped on some toes, and that’s why they’ve now decided to do away with him.”

He said the ongoing probe is a propaganda, alleging that nothing fruitful will come out of it.

“I believe Magu has offended a powerful cabal in Buhari’s administration, and that’s why they decided to remove him,” he said.

“I am not trying to defend Magu, I have never been his admirer but Nigerians should not be deceived that Magu was sacked because of Buhari’s administration’s commitment to the anti-corruption war. Magu is just being made a scapegoat to create the impression that Buhari is fighting corruption.

“Go and mark my words, nothing will come out of Magu’s case. It’s just like they want to entertain us, it is all part of propaganda to create impression that this administration is fighting corruption.”

My family not paid to test positive to COVID-19, says Okowa

Delta State Governor, Dr Ifeanyi Okowa, has described as ridiculous the idea that his family was paid to declare they tested positive for Covid-19.

While recounting his experience with Covid-19 yesterday, Okowa said more than three members of his family contracted the virus.

Dr Okowa, at a family thanksgiving at the Government House Chapel, Asaba, said God’s mercy saw the first family through the challenge.

He reiterated that Covid-19 was real, adding that it was “ridiculous and unimaginable” for anyone to think that his family was given money to declare that they tested positive for the virus.

According to him, the best way to avoid the devastating disease was for everybody to accept its reality and abide by the prescribed protocols to keep it at bay.

The governor, who was with his wife Edith and children, said they had planned for a family thanksgiving to show gratitude to God for His goodness.

According to him, “we planned to appreciate God for the electoral victory in 2015, five eventful years as governor, divine mercy when a heavy object fell on my head while in the office, escaping from a fire incident that engulfed our household some time ago.

“As a family, we want today to thank God for His faithfulness unto us, for the peace that we enjoy, for the unity in our home and for His love in our lives.

“God has done so much for us and we will continue to thank Him every day of our lives.

“Sometimes, I wonder how and why we deserve His mercy. It is for His grace, not because we are so righteous.

God has continued to be there for me and my family, and I will continue to thank Him.

“In my approach to the 2015 election, not many people gave me a chance but God perfected His will.”

He thanked Deltans and Nigerians for their prayers while the travails lasted and pledged to redouble his service to God and in governing Delta.

He disclosed that a lot had been achieved by his administration, adding however that much still needed to be done and sued for the support of all in building a Stronger Delta.

To those who are in the habit of criticising his policies and programmes, the governor urged them to base their criticisms on facts rather than fiction.

Nigeria, Ghana, Sierra Leone, Gambia, & Liberia Discuss Postponement Of WASSCE

Nigeria, Ghana, Sierra Leone, The Gambia, and Liberia have begun discussions on postponing the West African Secondary School Certificate Examinations (WASSCE), an official has said.

The Minister of State for Education, Chukwuemeka Nwajiuba, said this in Abuja on Friday.

He said Nigeria and the four countries are considering a new date for this year’s WASSCE, which Nigeria has temporarily pulled out from.

“We met with WAEC on Monday and (we) have agreed to further consult with four other countries on a new examination date,” he said.

Efforts to get a reaction from WAEC on the discussions were unsuccessful as its spokesperson, Damian Ojijeogu, did not respond to calls and messages sent to him.

Recall that the Nigerian government reversed its earlier announcement on the resumption of schools. It also said no Nigerian school will participate in the WASSCE earlier scheduled for August 5 to September 5.

The decisions were to prevent the spread of COVID-19 among students.

WAEC
Secondary school graduating students who live in the five English-speaking countries write the WASSCE, which is organised by the West African Examinations Council (WAEC).

This year’s examination was postponed indefinitely in April after it was earlier scheduled to commence in May.

It was postponed after schools were shut down across the countries in a bid to contain the spread of COVID-19.

Apart from postponement of its examination, WAEC also suspended its 68th Annual Council meeting scheduled for Liberia from March 23 to 27, 2020.

The council made the decision to postpone the annual meeting after its 176th special international A & F Committee meeting in Accra.

Hushpuppi disengages Chicago lawyer ahead of trial in California

Hushpuppi, a Nigerian Instagram personality, who is facing cyberfraud allegations in the United States, has disengaged Gal Pissetzky, his lawyer in Chicago, after his trial was transferred to California.

The self-acclaimed influencer, whose real name is Ramon Igbalode, had been arraigned in Chicago on money laundering charges following his arrest in Dubai and subsequent extradition to the US.

He had also hired the top lawyer who immediately took up his defense. Hushpuppi was however denied bail in a Chicago hearing, with a judge ruling that he would remain detained until his trial later this year.

According to Premium Times, documents showed that Igbalode case has been transferred to the central district of California for prosecution.

It was gathered that the transfer had come after the US government orally renewed its motion for removal in custody and the motion was granted during the detention hearing on Monday.

“Accordingly, Defendant is ordered removed to the Central District of California in the custody of the U.S. Marshal forthwith,” the court ruled after which the defendant was moved on Tuesday.

“As provided by 18 U.S.C. § 3142(f), the defendant is remanded to the custody of the U.S. Marshal and shall remain in custody until further order of the Court.”

It is also understood from the commitment letter sent to California that Hushpuppi had refused to retain Pissetzky as his attorney, requesting that a court-appointed counsel be assigned to him.

The self-acclaimed influencer is said to have conspired to launder hundreds of millions of dollars from business email compromise (BEC) frauds and other scams, one for which he could get a maximum jail term of 20 years if convicted.

Hackers ‘Manipulated’ Employees To Access Top Twitter Accounts — Report

Twitter says hackers “manipulated” some of its employees to access accounts in a high-profile attack on the social media company, including those of Democratic presidential challenger Joe Biden and tech entrepreneur Elon Musk.

Posts trying to dupe people into sending the hackers Bitcoin were tweeted by the official accounts of Apple, Uber, Bill Gates and many others on Wednesday, forcing Twitter to lock large numbers of accounts in damage control.

More than $100,000 worth of the virtual currency was sent to email addresses mentioned in the tweets, according to Blockchain.com, which monitors crypto transactions.

“We know that they accessed tools only available to our internal support teams to target 130 Twitter accounts,” said a statement posted Saturday on Twitter’s blog.

For 45 of those accounts, the hackers were able to reset passwords, login and send tweets, it added, while the personal data of up to eight unverified users was downloaded.

Twitter locked down affected accounts and removed the fraudulent tweets. It also shut off accounts not affected by the hack as a precaution.

Most of those have now been restored, Twitter said on Saturday.

The attack was carried out by a group of young friends — one who lives with his mother — with no links to state or organized crime, The New York Times reported on Friday.

The paper said it interviewed four people who participated in the hacking, who shared logs and screenshots backing up their accounts of what happened.

The young hackers said a mysterious user who went by the name “Kirk” initiated the scheme with a message and was the one with access to Twitter accounts.

They added they were only involved in taking control of lesser-known but desirable Twitter accounts, such as an “@” sign and single letters or numbers that could easily be sold, according to the report.

The hackers maintained they stopped serving as middlemen for “Kirk” when high-profile users became targets.

President Donald Trump’s account, which has 83.5 million followers, was not targeted.

“The president will remain on Twitter,” White House press secretary Kayleigh McEnany said. “His account was secure and not jeopardized during these attacks.”

The hack has raised questions about Twitter’s security as it serves as a megaphone for politicians ahead of November’s election.

Twitter said it is limiting the information it makes public about the attack while it carries out “remediation steps” to secure the site, as well as training employees to guard against future hacking attempts.

John Lewis: Civil Rights Icon And Congressman Dies Aged 80

..Lewis, called ‘the conscience of US Congress’, had announced in December he had advanced pancreatic cancer.

John Lewis, a pioneer of the civil rights movement and longtime member of the United States House of Representatives, died on Friday.

Lewis, a member of Congress from Atlanta who had announced in December that he had advanced pancreatic cancer, was 80.

“He loved this country so much that he risked his life and his blood so that it might live up to its promise,” former President Barack Obama said in a statement.

“And through the decades, he not only gave all of himself to the cause of freedom and justice, but inspired generations that followed to try to live up to his example.”

Former US President Bill Clinton and former Secretary of State Hillary Clinton said in a joint statement, “We have lost a giant. John Lewis gave all he had to redeem America’s unmet promise of equality and justice for all, and to create a place for us to build a more perfect union together.”

House Speaker Nancy Pelosi said Lewis was a “titan of the civil rights movement whose goodness, faith and bravery transformed our nation”.

“In the Congress, John Lewis was revered and beloved on both sides of the aisle and both sides of the Capitol. All of us were humbled to call Congressman Lewis a colleague, and are heartbroken by his passing,” Pelosi said in a statement.

Civil rights pioneer
Lewis was a protege of Martin Luther King Jr, whom he met after writing to him when Lewis was just 18. He was the last surviving speaker from the 1963 March on Washington, having stood beside King when he made his “I Have a Dream” speech.

Two years later, Lewis nearly died while leading hundreds of marchers across the Edmund Pettus Bridge in Selma, Alabama on a peace march to Montgomery when state troopers, seeking to intimidate those demonstrating for voting rights for Black Americans, attacked protesters.

Lewis suffered a fractured skull on the day that would become known as “Bloody Sunday”.

Fifty years later, in 2015, he walked across the bridge arm in arm with Obama, the nation’s first Black president, to mark the anniversary of the Selma to Montgomery march.

Lewis first entered Congress in 1986 and quickly became a figure of moral authority, with Pelosi labelling him “the conscience of the Congress”.

Lewis kept up the fight for civil rights and human rights until the end of his life, inspiring others with calls to make documentary Good Trouble.

He made his last public appearance in June, as protests for racial justice swept the US and the world.

Using a cane, he walked with Washington, DC Mayor Muriel Bowser on a street by the White House that Bowser had just renamed Black Lives Matter Plaza, which had just been dedicated with a large yellow mural – large enough to be seen from space – reading “Black Lives Matter”.

{NEWS AGENCIES)

Analyzing The Anti-Sexual Harassment Act 2020

By Sam Omotoso, Esq

Introduction

Ada is a beautiful slim tall light skinned girl from the South Eastern part of Nigeria, schooling in a higher institution in Nigeria. Dr Onisekuse, her lecturer tells her to see him after his class. She did out of respect, also having it in mind to ask him why she failed his course last year after doing everything humanly possible to pass. Sitting down across the table Dr. Onisekuse, biting his lips and scrutinizing her body after making her pick invisible things from the dusty rug on the floor of his office says; “Hey honey if you want to pass my course, do what other smart girls are doing”.

Ada story sounds familiar right? Or maybe you will remember Monica Osagie a master’s degree student who alleged her professor asked her for sex to upgrade her marks; she granted CNN an exclusive interview about the allegations. The lecturer, Richard Akindele, was fired from the Obafemi Awolowo University after the interview, which drew public discourse to the case. Akindele was jailed for two years for demanding sexual benefits from the student in December 2018.

The Anti-Sexual Harassment Act 2020

Senate Deputy President Senator Ovie Omo-Agege while sponsoring the bill which was passed in July 2020 stated that “Sexual harassment in our campuses is a repugnant challenge to our values as a people. For far too long, sexual predators masquerading as educators have plied the corridors of our nation’s higher institutions unchecked.”

In my candid opinion, this Act is definitely a step in the right direction as it has handed over a very redoubtable and efficacious shovel that can be used to bury sexual harassment in higher institutions in Nigeria permanently. Although this Act cannot bring an end to sexual harassment in higher institutions; it is at best a very good means to an end. I will address that in the concluding part of this article.

The focus of this short article is to demystify and analyze (break into simple and understandable pieces) the Act so that anyone can understand it in its entirety in a couple of minutes.

Analyzing The Anti-Sexual Harassment Act 2020

The objective of the Act as enunciated in section 1 seeks 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:

(1) Protection of students against sexual harassment by educators in tertiary educational institutions;

(2) Prevention of sexual harassment of students by educators in tertiary educational institutions; and

(3) Redressal of complaints of sexual harassment of students by educators in tertiary educational Institutions.

Section 3 makes it clear that – To uphold the Objective of the Anti Sexual Harassment Act (hereinafter referred to as the Act), an educator shall observe a reasonable duty of care to every student by not taking advantage of  a student or his/her relationship with a student for personal gains such as financial gains or sending the student on errands that goes beyond student/educator’s relationship,  sexual pleasure, or immoral satisfaction, or in any way whatsoever that violates the sacrosanctity, honour and inviolability of the fiduciary relationship of authority, dependency and trust between him/her and a student.

According to the interpretation section, an educator for the purpose of the Act means “ every employee of a tertiary educational institution including all academic and non-academic staff, or a faculty or non-faculty member of a tertiary educational institution including a professor, lecturer, graduate assistant, post-doctoral fellow or associate serving as a full-time or part-time instructor or a teaching fellow in similar institutional roles who teaches, educates or trains students or who provides professional educational services; or a staff or member of any tertiary educational institution who may have authority over or a mentoring relationship with any student and also includes, coaches, supervisors of student employees, advisors and directors of student organizations, students’ residential fellows, and persons who advise, mentor, or evaluate students or any person who oversees any aspect of any student’s academic work.”

The Act went further to expressly provide the offences in section 4 and prescribe the accompanying punishments in sections 11 and 12. For clarity and easy discernment I will consider sections 4, 11 and 12 concomitantly. The offences and punishments are as follows:-

(1) An educator who has sexual intercourse with a student or demands for sex from a student or a prospective student; 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.

(2) An educator who 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; 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.

(3) An educator who directs or induces another person to commit any act of sexual harassment under this Act, or cooperates in the commission of sexual harassment by another person without which it would not have been committed; 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.

(4) An educator who grabs, hugs, kisses, rubs or strokes or touches or pinches the breasts or hair or lips or hips or buttocks or any other sensual part of the body of a student shall be liable on conviction to imprisonment term of up to 5 years but not less than 2 years, without an option of a fine.

(5) An educator who displays, gives or sends by hand or courier or electronic or any other means naked or sexually explicit pictures or videos or sex related objects to a student; is guilty of an offence and shall be liable on conviction to imprisonment term of up to 5 years but not less than 2 years, without an option of a fine.

(6) An educator who 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 is guilty of an offence and shall be liable on conviction to imprisonment term of up to 5 years but not less than 2 years, without an option of a fine.

The only defense for the six offences as highlighted above is where the Lecturer and student are “legally married”. To emphasize on the provisions of section 5, It will therefore be appropriate to recall the maxim “Al verbi legis non est residendum” which means from the clear provisions of the law there shall not be allowed any deviation.

The most relevant question at this point is – what can a student who falls victim of any of the offences as listed above do?. The Act categorically spells out the answers to this question. The student has three options-

OPTION 1 In Accordance with section 8-10 of this Act, the student can-

 COMMENCE A CRIMINAL PROCEEDINGS-

  • 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 (of State of Federation depending on the location) who shall take necessary measures to prosecute the educator in accordance with the provisions of this Act.
  • A copy of the written Sexual Harassment Petition complaining of sexual harassment in Clause 8 of this Act shall be delivered by the student or the student’s representative to both the administrative head and Secretary of the Independent Sexual Harassment Committee of the affected institution for record purposes and such actions that may be required under this Act.
  • Criminal proceedings shall commence or be deemed to have commenced under this Act when a charge has been filed in Court (State High Court of Federal High Court) and the processes served on an educator who is alleged to have committed a sexual harassment offence under this Act.

OPTION 2 In Accordance with sections 13-14 of this Act

COMMENCE A CIVIL ACTION FOR BREACH OF FIDUCIARY DUTY-

Sections 13 and 14 makes it clear that the student has the right to institute a civil suit on the educator for breach of fiduciary duty as outlined in sections 3. Hence where an educator takes advantage of  a student or his/her relationship with a student for personal gains such as financial gains or sending the student on errands that goes beyond student/educator’s relationship,  sexual pleasure, or immoral satisfaction, or in any way whatsoever that violates the sacrosanctity, honour and inviolability of the fiduciary relationship of authority, dependency and trust between him/her and a student, such a student can bring a civil suit against the educator for Breach of Fiduciary duty.

OPTION 3 – ALLOWING THE INDEPENDENT SEXUAL HARASSMENT PROHIBITION COMMITTEE OF THE INSTITUTION TO HANDLE THE COMPLAINT

15(2) provides that Where a student makes a Sexual Harassment Complaint against an educator, an institution’s Independent Sexual Harassment Prohibition Committee established under this Act shall investigate, determine and render a final decision on the merits of the complaint in line with the provisions of this Act.

However the decision shall not in any way invalidate the decision of the court or stall proceedings where a civil or criminal suit has been instituted against the educator.

Considering the weight of the offences as provided in this Act, and the implication it can have on the reputation of the educator, the Act is was extensive enough to contain a shield for the educators where they are falsely accused. This is fastidiously contained in section 21 of the Act. It provides thus-

“Where at the completion of an investigation into a Sexual Harassment Complaint, an Independent Sexual Harassment Prohibition Committee finds or determines in its final decision that the complaint is false and malicious, the Committee may, recommend sanctions to the administrative head against the student who made the complaint, which may include suspension of the student provided that failure to prove an allegation of sexual harassment shall not be conclusive to establish that the complaint is false or made with malice or prevent further investigations or criminal prosecution of an educator for the offence alleged to have been committed contrary to any provisions of this Act”

Finally, also worth considering is the fact that students could get victimized by the colleagues of the accused educator. The Act also covered this gap by establishing Protection of Students from Victimization in section 23. “The administrative head of an institution shall ensure that a student who makes a Sexual Harassment Complaint under this Act is adequately protected and not subjected to any form of victimization by the educator who is complained against or any other educator or person within the institution or in another institution.” This implies that the onus of protecting the student from victimization rests on the vice chancellor of a university, a rector of a polytechnic/monotechnic, a provost of a college of education or any officer who is the chief executive officer of any tertiary academic institution or any person acting in that capacity. How practicable this is, is a discourse for another day.

Conclusion

I stated earlier that this Act cannot bring an end to sexual harassment in higher institutions; it is at best a very good means to an end. This is because like several already enacted laws, if the students do not take advantage of the provisions contained therein, the Act will at best be an Orchard with ripe fruits left to waste away. Students will have to boldly step out like Monica Osagie and bring any offender to book by relying on the juicy provisions of this Act.

NSE places caveat on 13 companies

The Nigerian Stock Exchange (NSE) has advised investors to be cautious while trading shares belonging to 13 companies.

In a statement signed by Godstime Iwenekhai, head of NSE listings regulation department, the bourse said the companies failed to comply with the directive to issue a press release as set forth in the deficiency filing notice (DFN).

The defaulting companies are Aso Savings and Loans Plc; Deap Capital Management & Trust Plc; DN Tyre & Rubber Plc; FTN Cocoa Processors Plc; Goldlink Insurance Plc; International Energy Insurance Plc; Medview Airline Plc; Resort Savings & Loans Plc; Staco Insurance Plc; Standard Alliance Insurance Plc; UNIC Diversified Holdings Plc; Union Dicon Salt Plc; and Union Homes Savings and Loans Plc.

The NSE said the companies were meant to have issued unaudited financial statements (UFS) in a press release on June 29, 2020, the extended due date.

By not filing the financial statements, the stock exchange said the companies violated rule 1.1.2 of the rules for filing accounts and treatment of default filing of the exchange’s rulebook.

The statement also disclosed that in pursuant to the provision of rule 2.2.1, it has issued a DFN to the companies.

NSE said the purpose of the DFN was to notify the 13 companies of their “infraction and to grant them three days to provide that the relevant UFS had not been filed by the due date; a detailed explanation of the reasons for the delay; and the anticipated filing date, or state that the company is unable to indicate an anticipated filing date and reasons for such inability to indicate the anticipated filing date”.

“Investors are advised to trade with caution on the securities of these companies in the absence of up to date financial information on them,” the NSE said.

It said it would continue to engage with the companies and may send a second filing deficiency notification within two business days after September 27, 2020; and suspend trading in the companies securities, if these companies fail to comply and file their UFS within 90 days cure period stipulated by rule 3.1 of the rulebook.