Pending sexual harassment allegations: Women groups kick against ambassadorial nomination of ex Vice Chancellor

*Photo: Professor Abayomi Sunday Fasina*

About 500 women associations under the banner of Womanifesto have petitioned the national assembly requesting it to decline the confirmation of Professor Abayomi Sunday Fasina as Ambassador of the Federal Republic of Nigeria.

In their petition sent to the Senate President, Godswill Akpabio through the Chairman Senate Committee on Foreign Affairs, Senator Abubakar Sani Bello, they said the call became necessary pending the determination of ongoing criminal and civil proceedings arising from allegations of sexual harassment, abuse of office, human rights violation and victimization against Fasina while in office as Vice-Chancellor.

The coalition with their civil society partners in Nigeria and around the world emphasized that Fasina, a former Vice Chancellor of the Federal University of Oye-Ekiti (FUOYE) in not fit to be nominated for the ambassadorial role for the country

The letter signed by convener of the groups, Dr Abiola Akiyode-Afolabi, emphasized that Fasina lacks integrity and impeccable conduct, stressing that appointing such an individual as an ambassador may expose the country to international ridicule and undermine its reputation in the global community.

‘We recognise and thank you for your work in the Senate Committee on Foreign Affairs pursuant to the constitutional oversight responsibilities of the Senate of the Federal Republic of Nigeria in the screening and confirmation of ambassadorial nominees’, it read

‘‘We are deeply concerned about the nomination of the Ex-FUOYE VC Mr. Abayomi Fasina for an ambassadorial role for our nation. It is our carefully considered opinion, based on several allegations, including ongoing criminal and civil cases against Mr Abayomi Fasina that he is not an appropriate candidate for such a position’’, the petition stated.

‘’It is trite that an ambassador serves as a representative of a nation’s identity and values. Given this important role, any candidate for an ambassadorial position must embody the highest standards of integrity and impeccable conduct.

‘’Where there is a substantial possibility that a candidate lacks integrity, appointing such an individual as an ambassador may expose our nation to international ridicule and undermine its reputation in the global community.

‘’The allegations against Abayomi Fasina include, but are not limited to: a) sexual harassment against a staffer, substantiated by a 37-minute audio evidence, which currently underscores the case  at the National Industrial Court, Abuja; b) harassment and victimization against a female staffer at the National Industrial Court, Ikoyi.

‘‘In addition, there is a judgment against Abayomi Fasina’s administration in the case of Akingbe v FUOYE (NICN/AK/58/2018), where a panel led by Fasina was indicted by the court for breaching the claimant’s right to a fair hearing and alleging that he committed self-plagiarism, an academic offence alien to law, without any proof. Damages were awarded against the Fasina-led institution to the tune of 40 million naira.

‘’The purpose of this petition, therefore, is to invite the Committee’s attention to material facts and public-interest considerations arising from the nomination of Professor Abayomi Sunday Fasina, former Vice-Chancellor of the Federal University Oye-Ekiti (FUOYE), and to respectfully urge the Committee to decline consideration of his confirmation pending the final determination of ongoing criminal and civil proceedings relating to allegations of sexual harassment, abuse of office, human rights violation, victimization, intimidation, and related misconduct,” the petition added.

‘’This petition concerns whether, having regard to the totality of circumstances presently surrounding the nominee, confirmation at this time is consistent with the constitutional principles of accountability, integrity in public office, public confidence in democratic institutions, and Nigeria’s domestic and international obligations relating to human rights.

‘’During his tenure as Deputy Vice Chancellor and Vice-Chancellor of the Federal University Oye-Ekiti, serious allegations of sexual harassment, abuse of authority, human rights violation, victimization, intimidation, and retaliatory conduct were publicly raised against Professor Abayomi Fasina. These allegations were accompanied by overwhelming evidence, including a 37-minute audio recording attached to this petition.

‘‘The allegations generated widespread public concern and attracted the intervention of civil society organizations, labour actors, women’s rights organizations, professional bodies, and members of the public’’.

The petition recalled that efforts were made to secure administrative accountability through institutional and governmental channels, including engagement with relevant authorities and agencies of government such as the Federal Ministry of Education, the House of Representatives Committee on Universities and the Independent Corrupt Practices and Other Related Offences Commission (ICPC).

‘‘Concerns were subsequently raised regarding the adequacy, independence, and fairness of institutional responses to the allegations, including allegations of victim-blaming and failure to adequately address issues of abuse of authority and sexual harassment. Following petitions and complaints submitted to the ICPC, the Commission undertook investigations into the matter.

‘’Upon conclusion of its investigation, the ICPC commenced criminal proceedings against Professor Fasina. Those proceedings remain pending before a court of competent jurisdiction’’, it added.

‘‘In addition, proceedings relating to allegations of sexual harassment and workplace victimization involving Professor Fasina are currently pending before the National Industrial Court of Nigeria by different female victims across the Ikoyi and Abuja Divisions.

‘’These proceedings remain unresolved, and notwithstanding the foregoing, the President of the Federal Republic of Nigeria has nominated Professor Abayomi Fasina for appointment as Ambassador, and the nomination has been referred to the Senate Committee on Foreign Affairs for consideration.

‘‘The principal issue before the committee is whether it is consistent with the constitutional responsibilities of the Senate and the public interest to confirm an individual for appointment as Ambassador of the Federal Republic of Nigeria while such an individual remains the subject of unresolved criminal and civil proceedings involving allegations of sexual harassment, abuse of authority, human rights violation, victimization, and related misconduct.

‘’Ambassadorial appointments are public trust appointments requiring the highest standards of integrity and public confidence. An ambassador acts as the official representative of the Federal Republic of Nigeria before foreign governments, international organizations, and the global community.

‘’Such appointments necessarily require technical competence, unquestionable public credibility, ethical standing, and the confidence of both domestic and international stakeholders’, the petition added’.

The Senate’s constitutional role in the confirmation process is not limited to verifying formal eligibility. It extends to assessing whether a nominee possesses the integrity, character, judgment, and public standing necessary to discharge the responsibilities of the office.

‘’However, the constitutional presumption of innocence is a criminal-law safeguard against premature findings of guilt. It does not compel the Senate to ignore relevant facts bearing on public confidence, suitability for office, or institutional integrity.

‘’The Senate is, therefore, indeed obligated to consider whether unresolved proceedings of this nature create sufficient public-interest concerns to warrant withholding confirmation until the matters are finally determined. The latter is in light of the implications of these weighty allegations to the image of our dear country, Nigeria. Especially since Prof Abayomi Fasina will be the country’s flag-bearer in another country.

‘’The Independent Corrupt Practices and Other Related Offences Commission is a statutory institution charged with investigating and prosecuting abuses of public office and related misconduct.

‘’Where an individual who is actively facing criminal proceedings initiated by such an institution is simultaneously elevated to one of the highest diplomatic offices of the Federal Republic, there is a substantial risk that public confidence in accountability mechanisms will be diminished.

‘‘The appearance created may be that accountability processes are incapable of producing meaningful consequences for politically connected or influential individuals. Public confidence in anti-corruption and accountability institutions is a legitimate consideration that the Senate cannot ignore.

‘’A confirmation would send an adverse signal regarding Nigeria’s commitment to combating sexual harassment and gender-based discrimination. Nigeria has repeatedly affirmed its commitment to addressing sexual harassment, gender-based violence, workplace discrimination, and abuse of authority.

‘’These commitments are reflected in: (a)Sections 34 and 42 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), )The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)Various national policies and legislative initiatives directed at addressing sexual harassment and gender-based violence.

‘’In light of the foregoing, we respectfully request that the Senate Committee on Foreign Affairs decline to recommend the confirmation of Professor Abayomi Sunday Fasina as Ambassador of the Federal Republic of Nigeria to ensure that the Senate’s consideration of the nomination reflects the constitutional principles of accountability, integrity, transparency, and public confidence in governance.

‘‘The issue before this committee concerns public confidence in the rule of law. It concerns the credibility of Nigeria’s commitment to accountability, human rights and dignity, gender equality, and institutional integrity.

‘’Most importantly, it concerns whether the Senate of the Federal Republic of Nigeria will exercise its constitutional responsibility in a manner that preserves public trust in democratic institutions.

‘‘For these reasons, we respectfully urge the Committee to reject the confirmation of Professor Abayomi Sunday Fasina pending the final determination of all proceedings presently before competent courts’’.

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