By this piece, I do not intend to go too legal this time around, but to speak and appeal to reasoning and commonsense of fellow being. Yet, I would lend my voice on the legality and necessary implications and consequences of the actions and inactions of all players within.
If you ever belong to the later 20th century and early 21st century and you never had sex in the uni or any tertiary institution of your study, raise up your hand!
By the viral video which surfaced on the cyber space over the weekend, which was reportedly explained to be Babcock university Students engaging in sexual activities outside the school vicinity, could you in all honesty conclude that those students involved has by any iota of conviction committed any infraction on the university rules and regulations?
Since it was only the girl’s face that was obvious and readily seen, and since the younger boy was reported to have been earlier expelled by the school authority on drug related issues, all condemnations and disciplinary arrows seems to flow towards the young girl’s direction, I would therefore by this write up limit myself most often to the issue of the girl in the video than the boy.
Bare in mind, that any of them could have been you, your son or your daughter whom at that level you have no control over. Before I move in, Many of us had made more grievous mistakes in the past, we are only where we are because of grace and mercy of God.
Back from the digression, On viewing the video, I make bold to state categorically that the young lady sexual conduct, in all honesty was naive, young and mild.
From all indications, judging from that video, the girl looks like someone without much experience in love making. She looks very much a learner trying to act like a sexually learned pro on human body exploration in freedom of adulthood; judging from that video, her singular conduct of sexual inexperience is a proof that she is not sexually weird than her age.
I could imagine many persons who are experts in the act of sex and lovemaking since their primary and/or secondary school days are coming out to shout and condemn the innocent poor girl who was only trying to sexually and bodily explore adulthood. Aside the fact that over-strictness and prison-like encampment of adults breaths tendencies to long for freedom and explorations in a strange way, let him who has no sin be the first to cast a stone.
If you are not a virgin before finishing higher institution and you joined in the condemnation of the poor girl, you are by far a great hypocrite whose judgement would come in no time. I make bold to state categorically that, safe for grace and luck, you narrowly escaped that your own ‘sexcapades’ were not filmed and/or leaked to the world. Many of these critics are not better than porn star when you enter the inner room with them.
While I do not encourage sex before marriage or making videos of sexual activities done in your privacy, I make bold to state categorically that nothing really concerns Babcock University authorities with people having sex in their privacy. Expelling two consenting adults having sex in private is extreme, senselessly judgemental and foolish. Or do the vice chancellor, the lecturers and staff of the university do not have sex too? I mean within and outside the university wall, don’t they have sex? Or could it be said that they are more adult than the poor young boy and girl?
The sexual activity was said to have happened at Abeokuta, at a distance and place said to be far away from the school university premises, and same was reported to have happened during a vacation when the school is not on session.
It is to be noted that everyone who got scandalized for sex are from one family, town, state, university or community of people. So Babcock university’s name is not the issue, as the duo never had sex with placard of Babcock university placed on their forehead or any part of their body. The students never moaned or heard to be shouting Babcock during the intercourse, so whats Babcock University interest in expelling the students for having sexual intercourse, without following due process expected in a civilized institution, or at least, availing the young girl her fundamental right of fair hearing would have helped the institution to get a more meaningful and positive approach in handling the situation.
No known governmental law or any law or rules of any university or higher institutions prohibits adults from having sex outside the regulated environment, if they so wish. and no known law prohibits filming yourself during sexual activities if you so wish, its your fundamental right of expression and believe; the only problem is, do not share or cause same to be shared to the public, it is criminal under the Criminal Code Act / laws and Cyber Crime Act. In this circumstance, If the sex tape was not leaked by any of the parties involved in the sexual activities, the following questions comes to mind:
1. Do Babcock University have the legal and/or administrative power to expel the poor lady for engaging in sexual intercourse merely because she is a student of Babcock?
2. Is there any known rules or regulation prohibiting sex without exception as to place and manner ones you are a member or student of Babcock university?
3. Could Babcock University Authority rightfully expel the girl without availing her her fundamental right to fair hearing?
4. Could it amount to a crime on the side of the poor girl for private affairs and engagements to be leaked to the public by a bittered unscrupulous element who never got the consent of parties involved?
5. could the university validly punish the lady for the publication she never made, caused and/ or instructed to be made?
6. could the university validly punish the lady for having sex outside the school premises, and not during operation session of the school?
Legally, the answers to the above questions are in the negative.
I believe no reasonable rules and regulations would go too far in making the above rules the standard of any admitted students of any tertiary institution, not even in Sharia states round the world. In our country, such would surely be violating the relevant guaranteed constitutional rights.
The fact that Babcock university may have suffered reputation damage is not enough reason to deny the young girl of her rights to fair hearing as constitutionally guaranteed before any action is taken against her. Rather, Backcock university owes the girl a sense of emotional support to control the damage done to her by the culprit who released the video. That girl needs Babcock now than ever.
it is my conclusion that notwithstanding whatsoever is at stake as to the reputation of Babcock, any illegality perpetrated by Babcock and unlawfully enforced against the girl is subject to judicial review and same would be quashed by a court of competent jurisdiction. In all, among remedies for breaches, the young lady would be entitled to monetary compensation and necessary remedies under the law.
It is my humble opinion that energy should be driven towards investigation, invitation expelling, arresting and jailing the person who leaked the video than further victimizingย the victim(s).
Backcock University should take responsibility now or be held responsible for suicide or any attempt of same.
Richarmond O. Natha-Alade
Legal Pratitioner at Sun Natha-Alade & Partners (SNATHAP)
lordricharmond@gmail.com
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