WOMEN AND GIRLS’ RIGHT IN NIGERIA: REALITY OR FICTION?
By Ohaeri Nneoma Catherine
ABSTRACT
In recent times, questions have been continuously asked regarding the existence of the rights of women and girls in Nigeria due to the consistent and continuous violations of these rights with little or no punishment to the offenders. Women and Girls Right in Nigeria remains one of the most pressing and relevant social issues in the Nigerian society. This article therefore examines the existence of women and girls right in Nigeria, the statutory and legal framework for the protection of the rights of women and girls in Nigeria, the enforcement and social barriers preventing the implementation and enforcement of these rights. In this enlightening piece, the protection, strengthening and implementation of these rights will be discussed thoroughly.
INTRODUCTION
Women and Girls Rights is a very important and relevant social issue in Nigeria that should not be undermined and as such should be protected at all costs. Every woman and girl in Nigeria should be able to feel safe and move around freely without fear of being assaulted or looked down upon just because of her gender. Section 42 of the Constitution of the Federal Republic of Nigeria 1999 provides for the right to freedom from discrimination thereby re-enforcing the need for the safeguarding of women and girls’ rights.
In Nigeria daily reports are constantly made regarding the abuse of women and girls rights. The abuse of women and girls’ rights in Nigeria in all its forms are a daily reality for many Nigerian women and girls and only a fraction ever receive help, redress or any form of support which is becoming very alarming. Just recently, due to public outcry the Government of Benue State reopened the case of Ochanya Ogbanje a girl who endured unspeakable pain and suffering as she was brutally raped by her uncle and cousin to which she eventually succumbed to complications including a vesicovaginal fistula (VVF). The court acquitted her uncle and her cousin at large which brings to mind the question is the purpose of the law not to ensure that justice is done? What redress has been given to the young girl whose right to life and dignity has just been breached? Ochanya’s case is not merely a personal loss but profound statement indicating the systemic failures of its justice system which ought to protect all citizens particularly the vulnerable.
LEGAL FRAMEWORK FOR THE PROTECTION OF WOMEN AND GIRL’S RIGHTS IN NIGERIA
Nigeria has so many statutory provisions protecting and governing the rights of women and girls in Nigeria. These statutory enactments include both international and national statutes and they provide for the redress, compensation of the victims and also the punishment for perpetrators and offenders who violate the rights of Nigerian women and girls.
The 1999 Constitution of the Federal Republic of Nigeria: The constitution is the bedrock and fountain of all laws in Nigeria. In the case of PDP v. INEC (SC.CV/501/2023), the Supreme Court held that the constitution is the grundnorm of the people from which all other laws derive their validity. Section 1(3) of the Constitution provides that any law that is inconsistent with the provisions of this constitution shall be void to the extent of its inconsistency. Thereby establishing the Constitution as the supreme law of the land. The constitution by virtue of Section 42 provides for the freedom from discrimination and that section is contained in Chapter 4 which from Section 33- Section 45 contains the Provisions for Fundamental Human Rights available to all Nigerian Citizens.
The Violence Against Persons Prohibition Act (2015): Herein referred to as the VAPP Act. This Act modernizes the landscape of gender based violence by criminalising domestic violence, female genital mutilation, rape, emotional abuse, harmful widowhood practices and other specific gender violations. Section 14(1) of the VAPP Act defines emotional, verbal, and psychological abuse as acts that cause emotional trauma, including insults, ridicule, and threats also Section 14(2) prescribes penalties for offenders, including imprisonment not exceeding one year or a fine not exceeding ₦200,000, or both.
The Child Rights Act 2003: This Act mirrors the UN Convention on the Rights of the Child. This act protects the girl child from early, marriage, exploitation, and abuse although its application and effectiveness are reduced and weakened due to uneven state adoption as some Northern states are yet to domesticate the act as it is seen as a breach of their custom and religion as under Sharia Law which is applicable in the North a father can give his consent for his infant daughter’s marriage.
Internationally, Nigeria has ratified and domesticated the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) and the African Union’s Maputo Protocol, both of which impose obligations to eliminate discrimination and ensure reproductive bodily rights. Nigeria’s vast constellation of statutory enactments and international treaties suggests a robust commitment to gender equality. However, implementation gaps, cultural resistance and limited domestication of international laws and weak enforcement continue to undermine these protections.
THE ROLE OF THE JUDICIARY IN ENFORCING THE RIGHTS OF WOMEN AND GIRLS IN NIGERIA.
The judiciary also known as the third arm of the government and commonly called the hope of the common man plays a major role in the shaping, execution and implementation of the rights of women and girls in Nigeria particularly in regards to discriminatory customary practices and inheritance laws.
In the case of Ukeje v. Ukeje (2014) 11 NWLR pt. 1418 at 384 SC, where the
Supreme Court affirmed that customs which deny female children the right to inherit property are unconstitutional. This decision firmly established that gender-discriminatory customs and traditions cannot override constitutional guarantees. Similarly, in Anekwe v. Nweke (2004) 11 NWLR pt. 833 at 196 SC, the court extended this reasoning to widowhood rights, striking down customs that deprived widows of property or subjected them to degrading mourning rituals. The court held that any custom that stigmatises or marginalises women is inconsistent with public policy.
These cases illustrate the judiciary’s willingness to challenge unfair discriminatory practices. However, due to poverty, illiteracy and how slow the judicial process is judicial progress is uneven and enforcement at community level remains inconsistent particularly in rural areas where customary law still wields strong influence.
VIOLATIONS OF WOMEN AND GIRLS’ RIGHTS: THE REALITY ON GROUND.
Despite progressive legislation by the National Assembly and the Judiciary’s effort in upholding the provisions of the constitution in their judicial pronouncements, violations and abuse of women and girls rights in Nigeria occur on regular basis. The greatest obstacle to realizing women’s right in Nigeria is the enduring influence of customary and religious norms. In many communities, early marriages, wife inheritance and harmful widowhood practices and the preferences for male heirs are still the norm despite their illegality. Social pressure and stigma prevent women from speaking out against the injustice done to them by these degradatory customs and practices. Also, law enforcement officers charged with the responsibility to investigate these reports often dismiss these women’s claims.
The uneven adoption of the Child Rights Act and the VAPP Act also further enhances the enforcement gap as several northern states have yet to domesticate these laws leaving young girls and women vulnerable at the hands of their oppressors. In the same vein, limited shelters, scarce forensic facilities, and overburdened courts further restrict access to justice.
CONCLUSION: FICTION OR REALITY?
Nigeria’s legal arsenal in the defence of women and girls is undeniably strong. Constitutional guarantees, statutory enactments and judicial pronouncements all serve as evidence towards Nigeria’s commitment to ensure that Nigeria is a nation that values and encourages gender equality. In many states, courts have begun issuing strong sentences in rape, trafficking and assault cases and the legislature as well just passed a law which provides any person who defiles a minor shall be liable for life imprisonment thereby demonstrating that accountability is achievable.
However, the reality for millions of women and girls remain far from what is promised by law as cultural mechanisms, weak enforcement structures, political interference and inadequate survivor support combine to create an environment where rights exist in theory but are inconsistently realised in practice. The question “Fiction or Reality?” therefore has a nuanced answer in that the rights of women and girls exists in our statute books and in theory and as such are legally real, but socially and institutionally fragile.
To bridge the gap, Nigeria must take concrete measures such as the full domestication and implementation of protective laws across all states, robust training for the police and other law enforcement agencies and judicial officers also, investments in forensic labs, social services and shelters as well as sustained public education in order to challenge these discriminatory norms. Only then can the rights of women and girls move from paper to lived reality.
For Further Reading:
The Constitution of The Federal Republic of Nigeria 1999 as amended
The Child Rights Act
The Violence Against Persons Prohibition Act 2015.
A. Oba –
Islamic Law and Gender Justice in Nigeria.
Comments
Post a Comment