The case of Senator Natasha Akpoti has brought notice to the concept of sexual harassment. Why her case was dismissed by the Senate is still kind of oblivious to me. In this light, we would like to examine what the law says about sexual harassment. Is Natasha’s claim unrecognized by the law? Or is she just being opposed by the patriarchal majority of the Senate?\
Natasha has been suspended from the Senate for six months which seems extreme as her claims are being discarded without a thorough investigation. Some say she took the wrong turn in laying her claim as she first accused the Senate President, Godswill Akpabio of sexual harassment on national TV.
People in this school of thought think she should have just filed a petition if her claim was true instead of getting attention and pity from the media.
She took to filing the petition. Without a thorough investigation, the senatorial disciplinary committee dismissed her case and slammed her with a 6 months suspension. Do I sense an abuse of power here? The due process is to investigate, if her claims are void then we can be talking about Akpabio suing her for defamation. In less than one week of her claim, the senate had decided on her case.
No man is above committing sexual harassment so Akapabio’s claim of being a well-trained man is a mere generalising statement. If there are proofs to prove his offense, then the law should take no mercy on him.
First, we need to know what sexual harassment is before we take a side.
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What does the Nigerian law see as sexual harassment?
The Nigerian frowns against sexual harassment and has provisions in the law for sexual offenders. You can’t just file a complaint against sexual harassment if there are no indisputable shreds of evidence. What does the Nigerian law see as sexual harassment?
According to the resources by Action 4 Justice Nigeria, sexual harassment is;
-The conduct (behavior) complained against is connected to sex or gender.
-The conduct is severe or pervasive i.e., it goes beyond being simply annoying.
-The behavior is unwelcomed, persistent, uncomforting, intimidating, or hostile.
-The liability of the party you are suing, (how the person is connected to or responsible for the harassment which may either be the offender directly or the employer).
Natasha Akpoti vs Godswill Akpabio: Minority vs Majority
In a Senate house of 105 members which comprises, 105 men and 4 women, mere jokes can be a form of sexual harassment. Men can be so carried away and give demeaning remarks about women’s appearances all in the name of jest.
“Ah, your husband is enjoying you . I wish I was him”. These statements are harassing because you’re insinuating something sexual. Those seemingly watered-down sexual innuendos are not usually well-received by women.
Annoying statements like, “Omo to sexy, let me take you home”. Take her home to do what? This in any way is not a form of compliment. It’s a form of harassment. Sexual harassers hide under the guise of being jovial. It’s all a joke, they say
There are boundaries to how you talk to women about their bodies and how they look especially if you’re not in a romantic relationship with them.
Akpabio is the Senate President with a higher position than Natasha. It is possible that under his position, he finds himself worthy enough to pass comments at Natasha without being probed. He might think it’s normal but by constantly doing it, it becomes annoying..
It was audacious for another lawmaker to say women lawmakers cannot be sexually harassed. May we not stifle the concerned screams of other women in the name of glittering generalization. Many women have harbored a lot of harassment from men and already think of it as the new normal. Mind you, sexual harassment is not only about physical contact, it can be through words.
There are triggers that her claims might be true, but she needs to prove them. We hope the case will be reopened and judged through a fair and equitable justice system.
What does the Nigerian law say about sexual harassment?
The Nigerian constitution does not have an explicit provision for the offense of sexual harassment in the constitution. this does not mean that the law does not frown against sexual harassment in the workplace. Few Southern states have created provisions in their constitution for cases of sexual harassment.
The Criminal Code, Section 360: Any person who unlawfully and indecently assaults a woman or girl is guilty of a misdemeanour and is liable to imprisonment for two years. The criminal code is applicable in the southern part of Nigeria and it contains provisions criminalizing the offence of sexual harassment.
The Nigerian constitution needs to be reviewed to create a comprehensive section for the offense of sexual harassment. Even with the provision the law has, the issue of sexual harassment is a criminal offense that should be investigated. The law is no respecter of anybody so the Senate President, Godswill Akpabio is not above investigation.
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