*Course 411*

I initially decided not to really comment on this issue expecting that it will go away within few days just like any other news of its kind. But reading people's comments on the issue, and some even referring to the Supremacy of the Nigerian Constitution (If any other law is inconsistent with the provisions of this constitution, this constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void) for such situation, compel me to do otherwise. I will like to say that omission in the constitution is not the same as inconsistency. A lot of rules and regulations, laws and orders are not found in the constitution directly, but so far such didn't contradict any part of the constitution, such shall remain valid. That's why we have a lot of Decrees, Acts, Code of conduct and ethics to back up the constitution.

*N.B.:* This is not to nail nor support anyone, and it's just my view about 'sexual harrassment' in general, not restricted to any particular scenerio/case.

Hmm! Sexual harrassment in our society. Using what you have (sex) to get what you want (favor). Majority of those who comment on cases like this, do so without bothering the factors and evidences (if any) involved in such cases. People already decide and preoccupied their mind with what they want to see to favour whoever they decide to support in such cases, making out a lot of assumption to vindicate their favoured party and condemn the other party.

In a sane society, there is what is called FIDUCIARY RELATIONSHIP, and parties in this kind of relationship are not allowed to be in sexual relationship as one party may seems to be taken advantage of by the other party.
Fiduciary relationship is one in which one party places special trust, confidence, and reliance in and is influenced by another who has a fiduciary duty to act for the benefit of the party. A fiduciary relationship may be created by express agreement of the parties, or it may be imposed by law where established by the conduct of the parties. Typical fiduciary relationships exist between agents and principals, attorneys and clients, medical doctors and patients, lecturers/teachers and students, Pharmacists and clients.
All of these professions carry a special trust not to abuse the seen or unseen dependent elements that inevitably develop. Because of the greater power of the professional, the client is unable to give truly informed consent, and it is thus the responsibility of the person in the more powerful position to control the necessary boundary between the two parties. Hence, any kind of sexual relationship, irrespective of who initiated the act, between these parties is seen as inappropriate and even illegal as it's against ethical practice, and thus termed sexual harrassment of the subordinate.

© FAM

Ok...