Bullying: Appalling Failure of Parents, Schools and the Authorities

Bullying is an evil, that appears to have always existed in Nigerian Schools. However, recent statistics indicate that bullying is not only escalating in nature, judging from some of the heinous bullying incidents that Nigerians have watched in various video footages, but seems to be almost intractable. What are the causative factors? Is Bullying a result of poor parenting? Are the School authorities complicit, failing in their duty of care to students, and providing safe environments for them to learn? Are the various State Governm`ents and Law Enforcement turning a blind eye to what has evolved into a grievous menace, that has resulted in serious injuries, casualties and even death of victims? Or is this amplification in Bullying, the result of a combination of all of the aforementioned factors? Olukunle Ogheneovo Edun, SAN; Jean Chiazor-Anishere, SAN; Marx Ikongbe and Mandy Demechi-Asagba examine the  issues relating to Bullying thoroughly, proffering solutions for bringing this societal evil to an end 

Bullying in Nigerian Schools: Legal Framework, Systemic Failure and the Quest for Justice

Olukunle Ogheneovo Edun, SAN 

Introduction 

The incidents of bullying in schools, such as the recently reported incident that occurred at the Igbinedion School, Benin City and the tragic case of late Sylvester Oromoni, are deeply concerning and highlight significant challenges within our social and legal frameworks. These acts of violence and intimidation against students, demand a thorough examination of the available legal remedies and the effectiveness of the justice system in addressing them.

Legal Framework Against Bullying and Intimidation

Violence Against Persons (Prohibition) Act 2015

In Nigeria, the Violence Against Persons (Prohibition) Act (VAPP Act) provides a crucial legal framework for addressing acts of violence, including intimidation and physical assault, which are often components of bullying.

Prohibition of Intimidation: Section 18(1) of the VAPP Act, 2015 explicitly states that “A person who intimidates another commits an offence and is liable on conviction to a term of imprisonment not exceeding 1 year or to a fine not exceeding N200,000.00 or both”. This provision directly addresses the psychological and emotional torment often inflicted through bullying. Furthermore, Section 18(3) extends liability to “A person who incites, aids, abets, or counsels another person to commit” by such acts, those who encourage or facilitate bullying can also be held accountable.

Protection Orders for Victims: The VAPP Act also empowers victims to seek Protection Orders as a cautionary preventive step. Section 28(1) of the VAPP Act, 2015 allows for “An application for a protection order… before the High Court following a complaint of violence by the complainant.” Such an order, if granted, is effective throughout Nigeria, and has no time limit. This provides a vital mechanism for victims to secure legal protection against further harm and harassment, compelling perpetrators to cease their actions.

These provisions demonstrate that there are clear legal prohibitions against the acts that constitute bullying, and avenues for victims to seek protection and redress.

The Role of the Justice System and Concerns About Quick Response

The concern that “culprits hardly get punished and victims never get justice”, points to potential systemic failures in the enforcement and administration of justice. While laws exist, their effective application is paramount. The judicial process itself, can sometimes be a barrier to justice, particularly when delays occur.

The case of OGBUAGU v GEORGE (2022) LPELR-58619(CA), highlights the importance of timely judicial pronouncements. Although this case specifically deals with the constitutional requirement for courts to deliver judgements within three months of the conclusion of evidence and Final addresses (see Section 294(1) of the 1999 Constitution as amended), its underlying principle is relevant to the broader discussion of justice delivery. Delays in judgement can lead to a “miscarriage of justice”, as noted in the referenced case of ESENOWO v SAM (2013) LPELR-21130 (CA). 

When cases involving bullying are not swiftly investigated, prosecuted, and adjudicated upon, it can erode public confidence in the justice system and leave the victims feeling abandoned, thereby perpetuating the cycle of impunity. The perception that “nothing happened” in high-profile cases can be attributed, in part, to the challenges within the judicial process, including delays. It is no longer unusual, to see trials of criminal cases still going on after 7 years of arraignment of the Defendants. This is in spite of the fact that the Administration of Criminal Justice Act (ACJA) and its sister laws of the various States, have already made mandatory provisions for trial of criminal cases day by day.

Addressing Systemic Failures and Accountability

The question of whether these incidents represent a “failure of the system”, “lack of parental diligence”, or a “fault in our educational system” requires a multi-faceted approach.

Failure of the System: The legal framework, particularly the VAPP Act, provides tools to combat bullying. However, the “system” encompasses not just the laws, but also their enforcement by law enforcement agencies, the efficiency of the courts, and the willingness of institutions (like schools) to report and cooperate. If these components do not function effectively, even robust laws can appear toothless. The perceived lack of consequences for perpetrators can indeed, be seen as a systemic failure in enforcement and timely justice delivery.

Educational System’s Role: While the provided legal context does not offer specific laws on the educational system’s direct liability for bullying, schools generally have a moral and often an implied legal duty of care towards their students. This duty includes providing a safe environment, and taking reasonable steps to prevent harm. When school authorities are perceived to “cover up” incidents, it indicates a culture of acceptance of violence and therefore, a failure in upholding this duty and a lack of accountability. Such actions not only betray the trust placed in such schools by the parents of the students, but also hinder the justice process by obstructing investigations and protecting perpetrators.

Parental Diligence: The legal context does not provide specific laws directly addressing parental diligence in upbringing as a legal cause for bullying. However, parents have a fundamental responsibility for the upbringing and conduct of their children. While the VAPP Act focuses on the perpetrator’s actions, the broader societal expectation is that parents instil values that prevent their children from engaging in violence, intimidation and other anti-social norms. When children commit acts of bullying, it often raises questions about the kind of guidance and supervision they receive at home, and the character of their parents or guardians.

The Child’s Rights Act and the Protection of Children

The Child’s Right Act, 2003 (referred to as the Child’s Right Act), is a foundational piece of legislation in Nigeria, aimed at protecting the rights and welfare of children. While the previously discussed Violence Against Persons (Prohibition) Act (VAPP Act) provides specific prohibitions against acts of violence and intimidation, the Child’s Right Act offers a broader framework for understanding the legal status of children, including those involved in bullying incidents, whether as victims or perpetrators.

The overarching purpose of the Child’s Right Act is to ensure the best interests of children are paramount in all actions concerning them. Although the provided sections do not explicitly define “bullying”, the spirit of the Act inherently seeks to protect children from harm and ensure their well-being.

General Protection: The Act, as cited in Section 278, serves as the primary legal instrument for safeguarding children’s rights in Nigeria. This includes the right to a safe environment, free from violence and abuse, which is directly contravened by bullying. While specific provisions against bullying are not detailed in the provided excerpts, the Act’s general principles would support measures to prevent and address such incidents.

Children in State Care: Section 176 of the Child’s Right Act defines a “child who is looked after by a State Government” as one “in the care of the State Government” or “provided with accommodation by the State Government”. This provision becomes relevant in situations where a child victim or perpetrator of bullying might require State intervention due to severe circumstances, such as neglect, abandonment, or if their home environment is deemed unsafe. In such cases, the State Government assumes a direct responsibility for the child’s welfare and protection.

Addressing Child Perpetrators Under the Child’s Rights Act

A critical aspect of the Child’s Right Act, is its approach to children who commit offences. This is particularly relevant when addressing the accountability of students who engage in bullying that constitutes a criminal act, such as assault.

Specialised Judicial Process for Children: Section 213(1) of the Child’s Right Act mandates that “A child who is accused of having committed an act such as is contemplated in Section 209 of this Act shall be tried in the Court”. While Section 209 itself is not provided, Section 213 clearly establishes a distinct judicial process for child offenders. This means that children involved in bullying incidents that rise to the level of criminal offences, are not treated in the same manner as adult offenders.

Child-Friendly Terminology: Crucially, Section 213(2) of the Child’s Right Act stipulates that “The term ‘conviction’ and ‘sentence’ shall not be used in relation to a child dealt with in the Court, and any reference in any enactment or other law to a person convicted, a conviction or a sentence shall, in the case of a child, be construed as including a reference to a person found guilty of an offence, or to a finding of guilt or to an order made upon such”. This provision underscores the rehabilitative and protective philosophy of the Act. It aims to avoid stigmatising children with adult criminal labels, focusing instead on their rehabilitation and reintegration into society. This does not mean that child perpetrators escape accountability; rather, the legal system is designed to address their actions in a manner appropriate for their age and developmental stage, often involving guidance, counselling, and restorative justice measures rather than punitive imprisonment.

Integration With the Broader Legal Framework

When considering bullying incidents, the Child’s Right Act complements the VAPP Act. While the VAPP Act provides the specific legal prohibitions against violence and intimidation, the Child’s Right Act dictates how a child, whether as a victim or perpetrator, should be treated within the legal system. For instance, if a child is a victim of intimidation under Section 18 of the VAPP Act, the Child’s Right Act ensures that any legal proceedings or interventions are conducted with the child’s best interests at heart. Similarly, if a child is accused of committing an act of violence, Section 213 of the Child’s Right Act guides the judicial process, ensuring that the child is tried in a specialised court and that appropriate, non-stigmatising language and outcomes are applied.

The Child’s Right Act is instrumental in shaping the legal response to bullying incidents involving children. It ensures that children, whether as victims or perpetrators, are afforded special protections and processes within the justice system, emphasising their welfare and rehabilitation. While the VAPP Act provides the direct legal tools to combat the acts of bullying, the Child’s Right Act ensures that these tools are applied in a child-sensitive and rights-based manner.

Conclusion

The increasing incidents of bullying in Nigerian schools are a grave concern. While the VAPP Act offers clear legal avenues to address intimidation and violence, including the possibility of protection orders and criminal penalties, the effectiveness of these laws hinges on robust enforcement and a responsive justice system. Ultimately, addressing this pervasive problem, requires a concerted effort from all stakeholders: schools must uphold their duty of care and ensure accountability, law enforcement must diligently investigate and prosecute, the Judiciary must ensure timely and fair adjudication, and parents must actively engage in the moral and ethical development of their children. Only through such a comprehensive approach can the cycle of bullying be broken, and justice be truly served for victims.

Olukunle Ogheneovo Edun, SAN

Bullying: A Disturbing Trend in Nigerian Schools

Jean Chiazor-Anishere, SAN

The disturbing reports emerging from Igbenedion Education Centre force a hard, necessary question into the public square: when a child is brutally bullied by peers, who has failed?

The instinct to locate a single point of blame – school, parents, or the legal system is understandable, but, ultimately misleading. What such incidents reveal is not a single failure, but a convergence of breakdowns across all three.

First, the School

Schools occupy a position in loco parentis – they assume a duty of care over students during school hours. That duty is not abstract; it includes ensuring reasonable supervision, enforcing anti-bullying policies, and intervening decisively at early warning signs. Where violence escalates to brutality, it often indicates that warning signals were ignored, reporting mechanisms were weak, or discipline systems lacked credibility.

A school cannot merely educate academically; it must also actively secure the physical and psychological safety of every child within its gates.

Second, the Home

Bullying behaviour, rarely emerges in a vacuum. Patterns of aggression, entitlement, or desensitisation to violence are often incubated outside the classroom. Parents and guardians, are the primary moral instructors of children. When empathy is not cultivated, when boundaries are inconsistently enforced, or when violent conduct goes unchecked, the consequences inevitably surface in social environments like schools. This is not to assign blanket blame to parents, but to recognise that character formation begins long before a child walks into a classroom.

Third, the legal and regulatory framework

Nigeria’s legal system is not silent on child protection. Statutes such as the Child Rights Act impose obligations on institutions, and provide sanctions for abuse. However, enforcement remains the weak link. When consequences for bullying, especially severe physical assault, are uncertain or delayed, deterrence collapses. Schools may handle matters internally to avoid reputational damage, parents may resist accountability, and authorities may intervene only after public outrage. A system that reacts only after harm has occurred is, by definition, inadequate.

So, where does responsibility lie?

Responsibility lies in all three spheres, simultaneously. A failure in any one can be mitigated by the others; a failure in all three produces precisely the kind of tragedy now under discussion.

     •    A vigilant school, can correct behavioural lapses not addressed at home.

     •    Responsible parenting, can prevent children from becoming perpetrators.

     •    A firm legal response, can deter both institutional negligence and individual misconduct.

What must change?

This moment demands more than outrage. It requires structural response:

     •    Schools must implement zero-tolerance, transparently enforced anti-bullying frameworks, with clear reporting channels and documented consequences.

     •    Parents must re-engage in active moral and behavioural guidance, not outsourcing discipline entirely to institutions.

     •    Authorities must ensure swift, visible enforcement of child protection laws, including holding institutions accountable where negligence is established.

Ultimately, the measure of any society is how it protects its most vulnerable. When a child is beaten by peers within a place meant for learning, it is not merely a disciplinary issue – it is a societal indictment.

The question, therefore, is not who failed? It is whether we are willing to accept shared responsibility – and act decisively, to ensure that such violence does not become normalised in our schools.

Mrs Jean Chiazor-Anishere, SAN, Maritime Law Practitioner, Lagos

Bullying in Educational Institutions: Have Our Schools Become the Cradle of Terrorism?

Marx Ikongbeh

Introduction

Bullying in schools, has an insidious origin. As one who passed through a Nigerian boarding school, I witnessed it firsthand. It comes camouflaged as discipline, and training for toughness. Sort of a rite of passage, it is assumed. But, with the recent viral video from the highbrow Igbinedion Education Centre, and also remembering the sad and tragic loss of young Sylvester Oromoni, this trend can no longer be ignored. It must be unmasked, and treated. We intend to look at some of the socio-legal implications of bullying in educational institutions. How can we ensure our schools do not become a cradle for terrorism?

Legal Implications

The incident seen in the viral video from Igbinedion Education Centre, where two presumably senior students pounced upon and were pummelling an ostensibly junior student, is deeply troubling. The brutality visited upon the hapless victim while he begged for mercy. is most disheartening.

But, as troubling as these visuals are, speaking for myself, I believe this scene, perhaps, with less intensity, is not strange to anyone who attended a boarding secondary school in the 1980s and 1990s. Bullying in schools, has been with us for a while. But, it is certainly taking a worse turn and must be addressed.

From a legal standpoint, bullying as was seen in the viral video amounts to an infraction of the law on multiple fronts, both in civil and criminal law. In civil law, it amounts to a tort, that is a civil wrong under the general species of Trespass to Person. Specifically, the assailants in that video, would be liable for the torts of assault and battery.

The Law With Respect to Assault and Battery

Assault in its technical sense differs from the conventional sense, in that conventionally, the English word assault would mean the application of physical force to a person. But, in the law of tort, assault means an attempt or threat to apply unlawful force to the person of another, where the victim is put in fear of violence. Without any physical contact, the tort of assault is complete, once the victim is put in a state of apprehension. Words alone and verbal abuse may not qualify; except they are accompanied by some action such as menacing gestures. So, the threats and physical gestures that must have been issued to the victim prior to the pummelling we saw in the video, would amount to assault.

Battery on the other hand is complete once a person applies force, no matter how slight, to the person of another. A simple shove accompanied with words amounting to battery, would qualify. Using any item to hit a person, such as the violent lashes of the belt we saw in the video also amounts to battery. In fact, in an old English case, simply throwing water on a person in a fit of violent outburst was considered battery. So, the brutality we saw in that video qualifies in every wise.

On the criminal flank, beating up a person as we saw qualifies as a crime, both under the Criminal Code (of which a variant is applicable in Edo State where the incident took place) and also under the Penal Code, which regulates crimes in the Northern parts of Nigeria.

In criminal law, assault and battery takes on different dimensions, including spousal battery, under the Violence Against Persons (Prohibition) Act 2015 which provides special remedies including a protection order, to deter this particularly virulent strain of battery. Acts of cruelty to children are also criminalised under several heads by the Childs Right Act, amongst other laws that seek to stamp out this malaise.

Exceptions or Defences to Assault and Battery

One exception to the offences of assault and battery which the aggressors we saw in the video may seek to shelter under, is the carve out that allows reasonable chastisement in exercise of parental authority. For anyone familiar with the root cause of bullying in most schools, it stems from the implied right senior students have to administer punishment to junior students, for purposes of instilling discipline and enforcing respect for seniors. But, do they have this right?

Indeed, the carve out for reasonable chastisement has a constitutional origin. It is also part of the inherited common law of England which was imported with colonialism, but even more so, it is a part of our African heritage. It is further reinforced by religion, such as the admonition in the Bible that “Foolishness is bound up in the heart of a child; but, the rod of correction shall drive it far from him”.

So, the question is, whether the assailants we saw in the video are allowed to get away with their heinous conduct on this footing. The law on reasonable chastisement for children, limits the persons who can administer that chastisement to parents or persons who stand in loco parentis, that is, persons who stand in the stead of parents, such as teachers. The law being that, the mere sending of a child to school confers an implied disciplinary right on the teachers.

I would however, humbly say that fellow students whether seniors, who themselves remain children, do not qualify to stand in loco parentis. Our assailants cannot, slip through this safety valve. Would it be different for say a prefect in the school, who exercises some form of delegated authority to maintain discipline and order? I would suppose so. But. we do not know whether the present assailants are prefects.

But, however, more damning for them is that, what we saw was not reasonable chastisement. It was wholly unreasonable assault and battery. Not even a parent or teacher would be free of a charge of assault and battery, if they applied such crude force to a child. In the final analysis, what we saw in that video is assault and battery, unmitigated by any factors.

Bullying; akin to a rite of passage?

But, moving away from the legal periscope, we must look at this issue more deeply from a socio-cultural lens, to be able to fashion a solution.

Unwittingly, we have come to see boarding house from a cultural standpoint as a rite of passage, a time to toughen a child to face the rigours of society. Especially a society that has increasingly become attuned to violence and that has gradually built immunity to its horrors, because of the pervading terrorism that has become a fact of life in 21st century Nigerian existence.

Even if the hapless victim had complained about his apprehensions before this incident, the response he might have got would be to toughen up and face the rigours of school life! He might have even been jeered at, for being a sissy. Hence, sometimes the victims are forced into an oath of secrecy.

The thinking that the unpleasantness of boarding house life is akin to a rite of passage might have some sociological validity, but bullying as we saw in that video, is clearly not a part of it.

It was Camara Laye, in his seminal work, The African Child, that painted the picture of a solemn, yet, painful and fearful rite of passage for boys of the Malinke tradition centred around their circumcision and admission into adulthood. One also recalls the more terrifying rite of passage of ancient Sparta, where young boys entered the agoge at age 7 for rigorous military training, ending around age 18–20 with the krypteia—a secretive survival test involving stealth killings of helots. This was designed, to raise valiant men. And, in the Malinke case, it was designed to draw a line in the sand for the young boys and beckon them unto the responsibilities of manhood. We can see the beauty in these socio-cultural constructs, that aid the seamless regeneration of societal norms.

Clearly, bullying does not fall within this spectrum. Outsourcing discipline to purported “senior” students, who have themselves not yet transited to adulthood is a recipe for disaster, that taste of power will and does lead to corruption.

I remember it clearly, from my secondary school experience, where any child who is a class higher than you and who themselves have not been purged of their puerile ways, would arrogate to themselves the privilege to discipline the younger. So, at the slightest hint of disrespect, the Senior can pounce upon the junior and pummel them into submission. A lot of times, the cause of this barbaric act is that the junior was disrespectful to the “senior”. This disrespect could be, that the junior had the temerity to walk on the same pathway as the “senior”! It was that mundane.

But, this idea of instilling discipline and enforcing a sense of respect for seniority might not be unconnected to the wider gerontocratic tendency found in African society, where sometimes the obsession with seniority breeds abuse, even in governance and other sectors. While respect for age or seniority certainly has its benefits, it can also lead to abuse. The Biblical admonition of Elihu in Job 32 v 9 reminds us that “great men are not always wise; neither do the aged understand judgement”. This is very much true, amongst secondary school “seniors”.

Solutions

There is no easy solution. News Reports indicate that Igbinedion Education Centre promptly expelled the assailants, upon the issue coming to public consciousness. But, I wonder whether this is the solution, or we are merely curing a headache by cutting off the head!

The first question to ask is, who is the victim in all of this? Only the hapless junior student whom we saw trampled underfoot? What of the assailants? Are they not also victims of a system, that likely trained them to see such bullying as rightfully instilling discipline on juniors? From my experience in boarding house, they saw and likely experienced same as juniors and were only mirroring what had been modelled before them. Would expelling them, solve the problem suddenly? I bet not.

The school must take, a good chunk of the blame. How many of such incidents have gone unreported, because there was no camera or social media handy? Does the school have a policy on Anti-Harassment and Bullying? Does the School have a Personal Improvement Plan to help reorient bullies and help them make a turn around? Would simply expelling them, not postpone the evil day? Would it not make them become more recalcitrant, and make them more maladjusted to society?

While not intending to be uncharitable to the school, but they have a huge role to play here. But, we must also not forget the home. This is where it all starts, the primary responsibility for upbringing falls squarely here. What was modelled at home, that has made these boys behave so badly? The other extreme where we see parents assault teachers for assaulting their children, is also not a solution.

Finally, the State, that is Government, also has a role to play. News reports indicate that, Edo State Government is threatening to prosecute the assailants. While their conduct is certainly deserving of punishment, it is important that Government recognises that it is dealing with young, impressionable and likely misguided minds, here. The emphasis should be on correction not punishment, at this stage. The Government’s focus should be on ensuring that, schools have and implement an Anti-Harassment and Bullying Policy that has an effective early warning and whistle blowing mechanism. The Government should ensure that, the policy also addresses who can exercise the right to reasonable chastisement. But, most importantly, implementation, not simply production of yet another White, Brown or Black paper. Implement!

At a time when the collective conscience of the nation is being desensitised to violence because of the pervasive insecurity we face as a nation, we must not allow our schools to be a cradle for terrorism where young Nigerians learn to see inflicting terror on others as a light matter!

Marx Ikongbeh, Legal Practitioner, Abuja

Bullying and Paying a Deaf Ear to Parents’ Concerns

Mandy Demechi-Asagba 

Bullying in Nigerian schools has reached alarming and intolerable levels, with devastating consequences for victims.

Bullying has been reported to be a major public health issue that escalates the risk of poor mental and physical health, as well as poor social and educational outcomes in childhood and adolescence. It is an act  intentionally done to harm, belittle, humiliate, upset, shame or threaten and/or instil fear in another child. 

Definition of Bullying 

Bullying in school is defined as  unwanted, aggressive, and repeated behaviour among school-aged children that involves a real or perceived power imbalance. It is intentionally harmful, causing physical, social, or psychological distress, and often continues over time. Bullying is a pattern of behaviour, rather than an isolated incident  -UNICEF

Ingredients of  School Bullying

Power Imbalance: The bully uses strength, status, or popularity, to control or harm others.

Repetition: The behaviour happens more than once, or has the potential to be repeated.

Intent to Harm: The action is purposeful, calculated to cause physical, social, or emotional distress. It is characterised as “Power Abuse”.

Types  of School Bullying

Physical: Hitting, kicking, tripping, pushing, or damaging property.

Verbal: Name-calling, teasing, taunting, or making inappropriate sexual comments.

Social/Relational: Spreading rumours, embarrassing someone in public, or intentionally excluding others.

Cyberbullying: Using technology, social media, or texting to harass, intimidate, or damage reputation.

Where and Who It Affects

Bullying can occur anywhere on school grounds, such as classrooms, bathrooms, school buses, or during breaks. It affects everyone involved, including the victim, the bully, and bystanders.

Warning Signs

Signs that a child may be experiencing bullying include unexplainable injuries, lost belongings, frequent headaches or stomach aches, reduced appetite, fear of going to school, and sudden social withdrawal.

The recent incident at Igbinedion Education Centre, where a student was brutally beaten by 3 classmates, is a stark reminder of this menace. The assault, captured on video and widely shared on social media, revealed the animalistic nature of the perpetrators who unleashed terror on a fellow student. This has sparked outrage, and calls for action to rid our schools of terrorists.

 This incident is not isolated; it’s part of a larger problem. Studies revealed that 51.9% of students in Edo State experienced bullying, with 27.9% admitting to bullying others. Classrooms are often the breeding grounds, with classmates perpetrating most incidents. One is left wondering where the school authorities were, when this extreme case of man’s inhumanity to man took place.

The Igbinedion School bullying incident, is a stark reminder of the human rights violations that occur in educational institutions.

 It is pertinent to note that the actions of these students, are in violation of the fundamental human rights of the victim to life, human dignity, protection from torture, inhuman and degrading treatment as enshrined in Chapter IV of the Constitution of the Federal Republic of Nigeria 1999 (as Amended) and other State, National. Continental and International Laws

Human Rights Violated

1. Right to Life and Dignity:

The Constitution (Section 33 and 34) guarantee the right to life,  dignity and protection from torture or cruel and inhuman treatment.

2. Right to Education

The African Charter on Human and Peoples’ Rights (Article 17) and the UN Convention on the Rights of the Child (Article 28) emphasise the right to education without fear of violence.

3. Protection from Violence: The Child Rights Act (2003) and the Violence Against Persons (Prohibition) Act (2015), prohibit violence against children

National and International Laws

 1. Nigerian Laws: The Child Rights Act (2003), Violence Against Persons (Prohibition) Act (2015), and the Constitution.

2.International Laws: UN Convention on the Rights of the Child (Article 19), African Charter on Human and Peoples’ Rights (Article 5).

Arising from the above laws violated, it is worrisome to imagine that these students could, in full glare of fellow students, carry out such a dastardly act in the school premises. But, for the bravery of the student who made a video of  this, one cannot but imagine what would have become of the victim, and also if the school would have done anything drastic to stop future occurrence as bullying is never a one-off incident, but recurrent. It didn’t seem like the first time they’re doing this to a fellow student, they seemed confident with an air of “no shaking” “Heaven will not fall”.

The aftermath of such incidents often reveals systemic failures. Schools may cover up cases, and culprits rarely face punishment. Sylvester Oromoni’s tragic death in 2021, following a brutal beating by classmates, exemplifies this failure. Despite widespread outrage, justice remains elusive. While Gloria made it out alive, Alex Akpo’s family will never see their son again.

The incident represents a failure of duty of care, by multiple actors within the education and governance systems.

When abuse persists undetected or unaddressed, it signals failure of the structures responsible for safeguarding children. Effective school supervision mechanisms should detect early warning signs of abuse, tracking patterns of misconduct, and intervening before harm is done. This reveals the need for collective action, to prevent bullying and ensure accountability.

 Factors Contributing to Bullying

•Family Environment: Often linked to a lack of warmth, love and care, or high conflict at home. Bullying in schools, highlights the gap in parenting. It is whatever they see their parents do, that they emulate.

•Emotional Need: Bullies often have a desire for control and high self-esteem, or they may be acting out due to frustration or trauma.

•Social Dynamics: Often peaks between the ages of 11 and 13.

Bullying is the umbrella term for verbal abuse, physical abuse, emotional abuse, and cyberbullying.

Reasons Why Students  Bully

•To gain a sense of power among their classmates.

•To get attention or become popular.

•They are scared, so they try to scare others to hide their feelings.

•They are unhappy, and take it out on others.

•They are being bullied themselves.

•To get things they want.

•To copy someone they admire.

•To make themselves feel better when they are feeling bad about themselves, or jealous of someone else.

•Because they feel that another person is becoming more popular than they are, in their group.

•They hope to use it as a way, to make people be their friend.

 Characteristics of a Bully:

•Aggressive behaviour

•Social intimidation

•Relational aggression

•Victimisation

•Power harassment

– Preventive Measures:

a. Robust Anti-Bullying Policies:

Schools must develop and enforce anti-bullying policies, with clear consequences. Nigeria lacks comprehensive national policies, with only Lagos State having a child protection policy in place. We urge other States, to take a cue from Lagos State.

b. Foster Open Communication: Encourage students to report incidents without fear.

Schools must establish safe and confidential reporting channels for students to report bullying or abuse, take swift and appropriate action

c. Educate & Train: Teach empathy, respect, and conflict resolution skills. Ensure that teachers, guidance counsellors, and administrators receive continuous, mandatory training on safeguarding, child protection, psychosocial support, and trauma-informed care

d. Parent-Teacher Collaboration: Foster open communication, and joint responsibility.

e. Student Empowerment:

f. Teacher Training: Equip educators to understand the different types of bullying, and its impact on the mental health and well being of the victims, to recognise, address and prevent bullying.

g. Support Rehabilitation: Help bullies address underlying issues.

h. Parental Involvement: Engage parents in addressing incidents.

i. Transparency: Communicate actions taken to victims

j. Data on prevalence

The Edo State Government’s response to the Igbinedion incident, including prosecution of parents and Police investigation, signals a shift towards accountability.

 However, sustained efforts are needed, to create a culture of empathy and respect in Nigerian schools.

Ensuring Justice and Accountability

1. Investigate Promptly: Thoroughly investigate incidents & take action.

2. Fair Discipline: Impose fitting consequences for perpetrators, and incentivise whistle blowers. I am particularly worried to hear that the whistle blower was suspended from school, because he did not report to the appropriate school authorities, but warned and advised to always report such incidents to the appropriate  authority rather than escalating it on social media.

Is this to discourage the boldness and bravery of this student who, without fear of being the next likely victim, made a video and  shared same, and by so doing, calling for justice for the victim and prevention; thus saving other students from this deadly assault. I use this medium to call for the immediate recall of this student from suspension, and rather, be given a warning which is adequate, because the parties are children, and their best interest is given primary consideration. 

The students should be educated to know that, just being present at the scene without taking action to stop the bullying, renders them culpable and are therefore, duty bound to report such immediately to the school authority. Injustice to one, is injustice to all. 

Recommendations 

 • The Police Command has launched an investigation, and the culprits will face prosecution in accordance with the law

• School Accountability: Igbinedion Secondary School and or Education Centre, though has expelled the perpetrators, however, the school cannot totally absolve itself of negligence from what we saw in that video. Schools with persistent and unresolved cases of abuse should face sanctions, including possible closure where necessary, to protect students.

•.Duty of Care to Students: The School owes every student a duty of care, while in the school premises. Thus, where it is found to have failed in this duty will face sanctions, as they owe the victim a duty of care to guarantee his safety and freedom from torture, cruel and inhuman and degrading treatment and violation of  his rights

 •Adequate School Supervision and Monitoring:

Increase staff presence in vulnerable areas, to monitor and supervise. Authorities should not overlook, nor downplay cases of abuse and threat to life, and/or dignity of students for any reason whatsoever nor downplay earlier incidents, thus, breeding monsters.

•Cultural Tolerance: Societal norms often excuse bullying as a “rite of passage” or “discipline”. Torture, in whatever form or manner, must be prohibited in schools, as such is contrary to the Constitution – the supreme law of our land. Torture is not and cannot be discipline, and no student should be allowed to hit any student for any reason whatsoever

•Parents/Teachers should take a critical look into the incident and proffer solutions, to avert future occurrence.

•Parental Involvement: Parents should be actively involved in the training of their children, both at home and at School. Some parents prioritise protecting their own children, over addressing bullying.

•Support for Victims: The victim will receive counselling, protection  and support, as well as thorough medical checkup to ensure no consequential immediate and/or future medical problem.

Key Strategies

1. Restorative Justice: Focus on repairing harm and promoting empathy;

2. Peer Mentoring: Train students to support and mentor each other;

3. Conflict de-escalation;

4. Early identification of warning signs;

5. Prevention of school-related gender-based violence (SRGBV) and sexual harassment, exploitation and abuse (SHEA);

6. Community Engagement: Involve local authorities and organisations.

By working together, we can create safe, supportive environments where bullying isn’t tolerated, condoned and/or permitted for any reason whatsoever but rather frowned at, prohibited and condemned totally. Watching that video sent chills down my spine. This is the height of it! “are these students or terrorists?”

That stomp on the child’s spine is a deadly blow, likely to cause future health issues if not immediate, the consequential effect of this inhuman blow is unimaginable.

Parental Role

Parents play a huge role in preventing bullying! They can:

– Model empathy and kindness at home

– Teach children to respect differences

– Encourage open communication about friendships and feelings

– Monitor online activities and friendships

– Collaborate with schools on anti-bullying efforts

–  Zero tolerance for violence.

Schools Role

Schools also need to step up:

-Develop and enforce clear anti-bullying policies

– Provide staff training to recognise and address bullying

– Create safe reporting mechanisms for students

– Foster a culture of empathy and inclusivity

– Provide professional guidance and counsellors, in all schools. It  is necessary that students build confidence, and confide in the counsellors about the challenges they face in school.

Holding Schools Accountable can help:

– Ensure incidents are taken seriously

– Drive policy changes and prevention efforts

– Provide support for victims, and consequences for bullies and their accomplices.

A joint effort – parents, schools, and communities working together can make a big difference! Violence is prohibited.

The United Nations Children’s Emergency Fund (UNICEF) revealed that a bully can be identified through three characteristics which are intent, repetition, and power.“A person who bullies intends to cause pain, either through physical harm or hurtful words or behaviour, and does so repeatedly. Boys are more likely to experience physical bullying, while girls are more likely to experience psychological bullying”. UNICEF noted  that children who bully usually come from a perceived higher social status or position of power, like children who are bigger, stronger, or perceived to be popular. UNICEF explained that a bully can be identified through three characteristics which are intent, repetition, and power. “A person who bullies intends to cause pain, either through physical isolated incident, UNICEF noted, while declaring that children who bully usually come from a perceived higher social status or position of power, like children who are bigger, stronger, or perceived to be popular Bullying is the umbrella term for verbal abuse, physical abuse, emotional abuse, and cyberbullying. Note that encouraging, colluding, watching, and joining the child involved in bullying, is a form of bullying,

Unreported cases of agony of pupils bullied, tortured by classmates within school premises reported by Amarachi Okeh on June 1, 2024 in Punch Newspaper, revealed that many cases were unreported, and commends the use of social media in recent times to report and share the news  attracting urgent intervention. She wrote on how the widespread use of smartphones, access to the internet and social media, is exposing the serious issue of bullying in Nigeria’s educational system. But, for smart phones, some of these cases would never have been heard. 

Cases of Agony

Gloria Ajayi: In May, 2024, a video surfaced showing Opemiposi Bolaji, a 100-level student at Bamidele Olumilua University, Ikere-Ekiti, Ekiti State, mercilessly flogging her classmate, Gloria Ajayi, while bystanders did nothing. The statement signed by the University’s public relations officer, Temitope Akinbisoye, partly read that “Opemiposi Precious Bolaji, a 100L Mass Communication student who was beating her colleague with a stick…was found guilty of misconduct and flagrant breach of her matriculation oath, and consequently, expelled with immediate effect.

“Genesis Osaro, a 100L Mass Communication student who provided the stick with which Gloria Ajayi was beaten was equally expelled.          

Alex Akpo: On 26 May, the 200-level student of Mechanical Engineering at Ajayi Crowther University succumbed to death, after enduring several hours of torture by his peers. The victim lay on the tiled white floor squirming for help, laboriously breathing as his assailants rained lashes on his naked body before he went silent. One of the students was heard in one of the recordings encouraging  the other students to  hit the deceased harder by  shouting, “ Harder! Harder!” The deceased’s mother, Mrs Anthonia Ozegbe, hinted that her son was always requesting for money after being given his monthly allowance of N100,000. She believes “those bullies in school, were always asking him for money”. Sadly, the school authority came up with the lame excuse of not being aware of the incident, until the next day. Where were the School’s security, the hostel porters and other authorities responsible for the safety of students under their care? This is indeed,worrisome.                 

Namtira Bwala: 2 videos in April 2024, showed Namtira being repeatedly slapped by her classmate Maryam. Namtira did not retaliate all through the duration of the abuse of 16 slaps at Lead British School. The School initially downplayed it, describing it as “an incident between  minors”, until it was shut down for investigation for 3 days.                   

Don Davis: Another popular case is that of a pupil of the Deeper Life High School, Uyo, Akwa Ibom State, Don Davis, whose mother, Deborah Okezie alleged that her 11-year-old son, a Junior Secondary School student was physically and sexually molested by two of his seniors. She also said the young chap was starved by the school authority for bedwetting, while sharing photos of his unsightly transformation. The mother in the viral video narrated: “They will remove his boxer and push their legs and hands into his an*s.“Look at a child I sent to school. He came back with a broken anus”. But, one of the students named by the boy, Shalom Omoniyi, denied the accusation with a counter-story of the events. The school also denied the claim, alleging that Mrs Okezie was not the mother of Don Davis. Subsequently, the mother instituted a legal case against the school management including the alleged bullies but settled out of court in May 2022.                      

Karen-Happuch Akpagher’s Case: The dreadful passing on of Keren-Happuch Akpagher, a boarding student at a school in Abuja, who died from complications after she was sexually molested by an unknown male in her school, shook the public space. It was reported that condom remnants were found in the 14-year-old’s privates, which led to her suffering sepsis and death on June 22, 2021. Mrs Akpagher said she had withdrawn her daughter from the school after she called complaining of her health, asking her to come. Keren-Happuch’s Mum narrated that, after she didn’t feel well two days after she returned from school, the girl was rushed to a hospital where the condom and dead sperm were discovered. Unfortunately, the mother never got a chance to ask her daughter about the person who abused her. In March 2022, Mrs Akpagher instituted a ₦10 billion suit against the school management over negligence and failure of duty of care to her daughter. To date, there has been no news of her rapist, three years later.

Arising from the above incidents one cannot but imagine the many unreported cases via social media with the attitude of the schools concerned, the downplaying of the incidents, the lame excuses, the fear on the students not to talk, the very fact that the 2 security men were facing trial for rape and the absence of the porter got me thinking about whether our students are safe at all?

Describing a case of violence as an incident between minors et al. What this reveals, is the fact that reporting to the authorities is possibly endangering the reporter, and or frustrating same. It goes to the root of insecurity, in our  schools. So, suspending who ever is bold enough to make a video of such event, is rather shutting the students out. It deters  compromises also and haphazard investigations, leaving them at the mercy of whoever their assailant is. Despite the video, it still took the intervention of the Governor, for any arrest and investigation to be carried out in the Igbinedion School case. At this juncture if justice must be attained, it seems social media is the avenue to put all on their toes. It sure serves as a deterrent, knowing your action will be in public and justice will be served. 

Going Forward 

We call on school authorities to give a voice to the Nigerian child to speak out and be heard, but not to speak out and be endangered. Prevention they say is better than cure, bullying is a breeding ground for terrorism. Bullies in adulthood, suffer from maintaining social relationships. In the short term, it could result in an increased risk of truancy, poor school performance, and substance abuse. Victims of bullying suffer both long and short-term consequences, which could cause such a victim to become very timid, frightful, and ineffective in what they do. The long-term effects could be increased risk of suicide, self-harm behaviours, post-traumatic stress disorder, substance abuse, chronic depression, low self esteem, destructive tendencies and anxiety disorders, as well as difficulty establishing trust. 

We call for urgent and coordinated action from all relevant stakeholders, to strengthen child protection systems and prevent further abuse: The Federal Ministry of Education, State Ministries of Education, and relevant regulatory and oversight bodies, including the Universal Basic Education Commission (UBEC), State-level education Boards, the Federal Ministry of Women Affairs, and the National Human Rights Commission (NHRC), the 3 levels of  government – Local, State and Federal, to go the extra mile in safeguarding frameworks to ensure stronger implementation, regular monitoring, and effective tracking systems, including real-time reporting mechanisms, so that all cases of abuse are identified early, properly documented, investigated, and resolved transparently across all schools, as well as ensure proper data is gathered for more effective policy making and  implementation.

Mandy Demechi-Asagba, President, African Women Lawyers Association (AWLA)