BASES, REALITIES AND CHALLENGES TO THE RIGHTS OF WOMEN TO PARTICIPATE IN ELECTION UNDER THE NIGERIAN ELECTORAL LAWS

Abstract

The principle that “all human beings are born free and equal in dignity and rights”1 is at the heart of democratic systems, which have been shaped, historically by institutions, social movements and people claiming for human rights. Gender equality advocates have led and continue to lead a battle in favour of social, economic, cultural, civil and political rights, under the belief that “women’s rights are human rights.2 It was in 2015 that Saudi Arabia allowed women to vote for the first time,3 joining the majority of countries worldwide, where it is common that national constitutions and legal frameworks enshrine the right to vote of men and women in terms of equality. Most countries also recognize women’s rights to stand for election, their right to express opinions or their right to association and peaceful assembly and, therefore, women should supposedly be free and able to contribute to the political and public life. However, formal recognition of women’s political rights is far from translating into an effective participation of women in practice. In Nigeria, the historical analysis of constitution and electoral laws and processes are incontrovertibly gender insensitive. Beginning from 1922, when the first constitution in Nigeria was made to the 1999 constitution, aspirations and concerns of women, who represent majority of the population, have been undisputedly discarded.5 This paper examines the bases, realities and challenges to the right of women to participate in election under the Nigerian Electoral laws.