DISCRIMINATORY PRACTICES AND POLICIES INIMICAL TO WOMEN’S RIGHT IN NIGERIA

Abstract

Gender marginalization is a sensitive issue, both when it happens, and when it is alleged to have happened, even though it did not happen. Historically, gender-based discrimination was accepted as a normal basis for composition of society. Under the rubric of development and civilization, discrimination based on such immutable characteristics as gender are increasingly perceived as unacceptable. The 1999 constitution of the Federal Republic of Nigeria makes provision abolishing discrimination on grounds of gender. However, the cold print of the constitution and the warm blood of societal conduct are disparate. In this paper, we have set out some current and outstanding remnants of gender-based discrimination in the present Nigeria society. In order to establish our thesis that notwithstanding constitutional provisions of gender equality, sex-based discrimination is still pervasive in Nigeria, we commenced our analysis by disclosing that beyond societal practices and conduct, out laws are still invidiously discriminatory. In this regard, we set out and analyzed the constitutional provisions for citizenship by naturalization for spouses of Nigerian citizens. Our analysis shows that there is greater burden on the spouse of a female Nigerian citizen than on the spouse of a male Nigerian citizen. In looking at succession and inheritance, we showed that despite a long line of judicial decisions to the contrary, the Supreme Court decision in Ukeje v Ukeje finally eliminated gender-based discrimination is inheritance and succession in customary law. We contrasted the position of customary law with the position of statute-based law and established that by treating men and women differently, inheritance and succession statutes remain prejudiced against women. Finally, we looked at the position of the criminal law in sex and gender-based offences. Our thesis in this area is that the disparate treatment of the male and female gender does not serve any discernible societal purpose, and to that extent would be conceived as invidiously discriminatory. We then concluded by suggesting that it is proper that a continuous review of laws and societal practices be undertaken with a view to abolishing any and every disparate treatment of both genders.