A STUDY OF DOMESTIC IMPLEMENTATION IN NIGERIA OF THE CONCEPT OF GENDER EQUALITY UNDER INTERNATIONAL LAW

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A STUDY OF DOMESTIC IMPLEMENTATION IN NIGERIA OF THE CONCEPT OF GENDER EQUALITY UNDER INTERNATIONAL LAW

Abstract:

This research is entitled “A Study of Domestic Implementation in Nigeria of the Concept of Gender Equality Under International Law”. The Research started by way of introduction by explaining that the Nigerian societies are patriarchal in nature. The researchstudied domestic implementation in Nigeria of the concept of gender equality under international law. The sources of information used in this research are relevant justification of this research is that despite the availability of the various laws at the different levels (that is international, regional and domestic) there still exist to a large degree of unequal treatment between the female and male in the society. In the light of this, the objective of this research is to identify the adequacy as it is. Thus, in the course of this research, it was found (among others) that failure women (CEDAW) as principal instrument on this subject matter necessitated the wrong practice as it is. Finally, this research was concluded by recommending that domestication of CEDAW a necessity for the government and other relevant stakeholders as a basis for combating inequity in Nigeria.

TABLE OF CASES
Pages
Abacha vs. Fawehinmi (2002) 4 SCNJ p. 400 — —- 69, 81, 83
Asika vs. Atuanya (2008) 17 NWLR (pt. 1117) p. 286 —- — 2
Higgs vs. Minister of National Security (2002) 2 L R C p. 656 —- 82
Ibidayo vs. Lufthasa Airways ((1997) 4 NWLR (pt 898) p. 70 —- 82
Onyibor Anekwe and Anor vs. Mrs, Maria Nweke (2014),LPELR 22691(SC) 2,93
Ukeje vs. Ukeje (2001) 11 WRN 14 CAB 31 — — —- 57, 93
Uko vs. Iro (2001) 2 NWLR (pt 723) p. 196 — — —- 3, 57

TABLE OF STATUTES

African Charter on Human and Peoples‟ Right 1981 — — 11,17,39,75,82

83, 105, 110

African Charter on Human and Peoples‟ Right‟s (Ratification and Enforcement)

Act, Cap A9 LFN, 2004 — — —- — 11,17,39,75,82
83, 105,
110
Child Rights Act Cap C22 LFN, 2004 — — — 30, 31, 60, 61
Constitution of Federal Republic of Nigeria Cap C23 LFN, 2004 — — 11, 15, 52, 53,
55, 57, 62, 88,
91, 95, 98
Convention against Torture and other Cruel, Inhuman or Degrading Treatment
Or Punishment 1984 — — — — — — — 31, 32

Convention for the Suppression of the Traffic in persons and the Exploitation of Prostitution of

others 1950 — — — — — — — 31, 32
Convention on Elimination of All Forms of Discrimination against Women
(CEDAW) 1979 — – — — — — — 3, 8, 1, 16, 17, 19
22, 23, 24, 25, 26
56, 57, 64, 67, 70
72, 77, 84, 85, 86,
87, 98, 99, 100, 101,
105, 106, 110, 111
112, 113, 114, 115
116, 117, 118, 119,
120, 121, 122, 123, 124
Criminal Code Cap C39 LFN, 2004 — — — – — 90, 91

International Convention on Civil and Political Right 1966 — — 19, 20, 21, 71, 100
International Convention on Economic, Social and Cultural Rights 1966 – 19, 20, 21, 71, 100
Labour Act Cap L1 LFN, 2004 — — — — — 4, 94, 95
Nigeria Police Act Cap P19 LFN, 2004 — — — — 56
Penal Code Cap P1LFN, 2004 — — — — 90, 91
Protocol to African Charter on Human and People‟s Right on the Right of
Women n Africa — — — — — — — 45, 67
Protocol to the Convention on the Elimination of Discrimination against
Women 2000 — — — — — — — — — 27, 77, 97, 98,
118, 199
Treaties Making Act — — — — — — — — 81
United Nation Convention against Transnational Organized Crime 1951 — — 31, 32
Universal Declaration of Human Rights — — — — — — 3, 19, 78, 101
Violence against Person, (Prohibition) Act, 2015 — — — 58, 59, 60, 91

ABBREVIATIONS
AFRC – Armed Forces Ruling Council
AHG – Assembly of Head of Government
AIDS – Acquired Immune Deficiency Syndrome
ALL ER – All England Law Report
Anor – Another
AU – African Union
CA – Court of Appeal
CAP – Chapter
CEDAW – Convention on the Elimination of All Forms of Discrimination
Against
Women
CERD – convention on Eliminated of Racial Discrimination
ECOWAS – Economic Communities of West Africa States
ECWCCJ – ECOWAS Court of Justice
EHRR – European Human Rights Reports
FGM – Female Genital Mutilation
GA – General Assembly
HIV – Human Immunodeficiency Virus
ICCPR – International Covenant on Civil and Political Rights
ICESCR – International Convents on Economic Social and Cultural Rights
LFN – Laws of Federation of Nigeria
LPELR – Law Pavilion Electronic Law Report
NPA – Nigeria Port Authority
x
NCLR – Nigeria Constitutional Law Report
NDHS – Nigeria Demographic and Health Survey
NEPU – Northern Elements Progressive Union
NGO – Non-Government Organization
NHRC – National Human Rights Commission
NHRI – National Human Rights Institution
NLR – Nigeria Law Report
NYCC – Nigeria Supreme Court Cases
NWLR – Nigeria Weekly Law Report
ORS – Orders
PBUH – Peace Be Upon Him
PT – Part
SC – Supreme Court
SCNJ – Supreme Court of Nigeria Judgment
SERAP – Socio-Economic Rights Accountability Project
STD – Sexually Transmitted Diseases
UDHR – Universal Declaration of Human Rights
UN – United Nation
UNDOC – United Nation Document
VVF – Vesico Vaginal Fistula
WRN – Weekly Reports of Nigeria

TABLE OF CONTENTS
Pages
Title Page — — — — — — — — i
Declaration — — — — — — — — ii
Certification — — — — — — — — iii
Dedication — — — — — — — — iv
Acknowledgements — — — — — — — — v
Table of Cases — — — — — — — — vi
Table of Status — — — — — — — — vii
Table of Abbreviation — — — — — — — — ix
Table of Content — — — — — — — — xi
Abstract — — — — — — — — xx

CHAPTER ONE:

GENERAL INTRODUCTION

1.1 Background to the Study — — — — — — — 1
1.2 Statement of the Study — — — — — — — 4
1.3 Aim and Objectives — — — — — — — 6
1.4 Scope of the Research — — — — — — — 6
1.5 Research Methodology — — — — — — — 7
1.6 Significance of the Study — — — — — — — 7
1.7 Literature Review — — — — — — — 7
1.8 Organization Layout — — — — — — — 17

CHAPTER TWO

LEGAL REGIME FOR GENDER EQUALITY IN INTERNATIONAL LAW

2.1 Introduction — — — — — — — — — 18
2.2 The International Bill of Human Rights — — — — — 19
2.3 Convention on the Elimination of ALL Forms of discrimination
Against Women (CEDAW) and its Protocols —- — — — 22
2.4 Convention on the Rights of the Child (CRC) and it protocols — 28
2.5 Convention and the Protocol to Prevent, Suppress and Punish
Trafficking in Persons Especially Women and Children — — — 31
2.6 The Rome Status of International Criminal Court — — — 35
2.7 African Religion Instruments Protecting the Right of Women — — 39
2.7.1 The African Charter on Human and Peoples‟ Rights — — 39
2.7.2 African Charter on Rights and Welfare of the Child — — — 43
2.7.3 Protocol of the African Chatter on Human and Peoples‟ Right of Women
In Africa — — — — — — — — 45
2.7.4 Solemn Declaration Gender Equality in Africa — — — —

CHAPTER THREE

LEGAL REGIME FOR GENDER EQUALITY IN NIGERIA

3.1 Introduction — — — — — — — — — 52
3.2 The 1999 Constitution of Federal Republic of Nigeria — — — — 52
3.2.1 The Fundamental Objectives and Directive Principles of State Policy — — 53
3.2.2 Fundamental Rights — — — — — — — — 55

3.3 Violence against Person (Prohibition), Act, — — — — — 58
3.4 Child Rights Act — — — — — — — — 60
3.5 Gender and Equal Opportunities Bill — — — — — — 62
3.6 National Gender Policy — — — — — — — 64
3.6.1 Policy context and Rationale — — — — — — — 65
3.6.2 Policy Framework — — — — — — — — 66
3.6.3 Policy Strategies and Intuitional Framework — — — — — 68
3.7 Nigeria‟s Obligation to women‟s Rights Law Based on Customary
International Human Rights Law (CIHRL) and Law of Treaty — — — 69

CHAPTER FOUR

GENDER EQUALITY IN INTERNATIONAL LAW: A CASE STUDY OF DOMESTIC IMPLEMENTATION IN NIGERIA

4.1 Introduction — — — — — — — — — — 73
4.2 International Human Rights Implementation Mechanism — — — — 73
4.3 Legal Framework for Treaty Transformation in Nigeria — — — — 80
4.4 Assessment of Domestic Implementation of CEDAW and the Protocol — 84
4.4.1. Legal Rights — — — — — — — — 86
4.4.2 Economic Rights — — — — — — — — 94
4.4.3 Health and Reproductive Rights — — — — — — — 100
4.4.4 Political Rights — — — — — — — — 105
4.4.5 Social Rights — — — — — — — — 110
4.5 Institutions and Processes Involve in the Implementation of
CEDAW and other Women Treaties in Nigeria — — — — 114
4.5.1 The Parliament — — — — — — — — 115

4.5.2 The Executive — — — — — — — — 117
4.5.3 The Judiciary — — — — — — — — 117
4.5.4 The Civil Society — — — — — — — — 118
4.6 Obstacles against the Implementation of CEDAW and other Women
Treaties in Nigeria — — — — — — — — 119
4.6.1 Culture and Religious Imperative — — — — — — 119
4.6.2 Mixed Legal System — — — — — — — — 120
4.6.3 Lack of Political Will — — — — — — — — 121
4.6.4 Inadequate funding and Corruption — — — — — — 121
4.6.5 Lack of Awareness of Ignorance and Poverty — — — — 122

CHAPTER FIVE

SUMMARY AND CONCLUSION

5.1 Summary — — — — — — — — — 124
5.2 Findings — — — — — — — — — 125
5.3 Recommendations — — — — — — — — 127
Bibliography — — — — — — — — — 128

CHAPTER ONE

GENERAL INTRODUCTION

1.1         Background to the Study

Nigeria society like most societies in the world is patrilineal and patriarchal. Although, the level of this patriarchy may differ in relative terms from Nigeria one community to another. The question of the “universal” (equal) or „relative‟ (contingent) character of the rights declared in the major instruments of the human rights movement has been a source of debate and advocacy from the beginning when the movement‟s started. The contest between these positions look on renewed vigour as human rights movement slowly developed and reneged on making specific provision on gender issues.1 There have also been diverging theories on the sovereign autonomy of a state to follow it own paths in this matter. For example, the universal theory of human rights claims that the rights to equality and equity enshrines in international treaties must be applicable all over the world in the various domiciliary legal system, even in societies that are fundamentally cultural, religious and or customary.2 In those arguably patriarchal societies such as Nigeria (and in sub-Saharan African in general), laws, rooted in customs and traditions often discriminate against women.3

These discriminatory trends against Nigerian and African women are violations of the fundamental human rights against discrimination, a right recognized in a number of core international human rights instrument. The status accorded to women relative to men is a low one. Such status difference almost and or always translates into unequal recognition and

  • Steiner J and Alston P (2000) International Human Rights in context: Law, Politics and Moral p. 312
  • p 161
  • Elizabeth D. and Birgit E. (2010) “Securing Land Rights for Women” 4 Vol. 1 Journal of Eastern African Studies p.91 @ 98.

treatment of the two sexes in various ways. Quite often, this inherent prejudice has meant discrimination and disadvantages against women in various spheres of human endeavours.

The Nigerian communities being patriarchal societies believe that the traditional role of a woman is that of a child bearer, home keeper, comforter, and food provider for husband, children and at large presupposes that the propagations of the male as the superior sex for purpose of politics, participation and power relation including family and social decision making. Nigerian women constitute the majority of the peasant labour force in agricultural sector, while most of the others occupy bottom of occupational ladder and continue to channel into services and domestic occupation.Politically, Nigerian women are negligible and undermined force with little political involvement.4

In most Nigerian communities, women have no right to land, inheritance of family property and equal opportunity. For instance, some Igbo customary law rules carry the practice further that, when a father or a husband dies, it is purported that only the son(s) have the right to inherit him while the daughter(s) and wives are treated as some forms of chattel.5Whileunder Islamic law, a daughter or wife is given the right to inherit her father or husband but her share of the inheritance is half of her male counterpart.6

It should be noted at this juncture that the rights given to Nigerian women had been properly examined in the decided case of OnyiborAnekwe and Anor vs. Mrs. Maria Nweke7 where the Supreme Court held that Nigerian customs which disinherit women are repugnant to natural justice, equity and good conscience and should therefore not be allowed to stand. The Omonubi, M.M (2003) Gender Inequality in Nigeria, Spectrum Books Ltd. Ibadan, p.65

  • Q4 verse 11
  • (2014) LPELR 22697 (SC)

Supreme Courtalso held in the case of Uko vs. Iro8 that any law or custom that seek to relegate women to the status of a second class citizen, thus depriving them of their invaluable and constitutionally guaranteed rights are laws and customs fit for the garage and should be consigned to the dustbin of history.

On the international scene, gender equality is also on the increase.By virtue of such increase in awareness and campaign in realizing or bridging the gap between the two sexes,many conventions and treaties were drafted, enacted and adopted by various international organizations and countries respectively. These international convention and treaties include Universal Declaration of Human Rights (UDHR), Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) to mention but a few. It is of great importance to state that Nigeria is signatory to virtually all international instruments that encourage equality between the two sexes.

Despite the fact that Nigeria took a bold step in the year 2006 when it adopted and passed that Nigeria Policy on women,there are still questions on whether the prominence and the proliferation of human rights laws in Nigeria have achieved the desired level of gender justice and equity that is the balanced protection, participation, respect and fulfillment of the fundamental human rights of women in Nigeria and the implementation of the international instruments. Thus, it is against this background of inequity that this research works sets out to examine the legal regime for the concept of gender equality in international law in relation to its domestic implementation in Nigeria and proffer solution and suggestion on how the implementation of the international instrument will be fully realized.

  • (2001) 2 NWLR (pt.723)p. 196

1.2         Statement of the Research Problem

A principal problem here is that generally, the attainment of equitable practice between both sexes is a difficult task in Nigeria. For instance, the female folk are seen as subordinate to the male folk in all sphere of life. For example, when it comes to the issue of inheritance, the female are not entitle to the same share with their male counterpart. In the eastern part of Nigeria, female are notentitled to any form of inheritance and they are seen as part of what to be inherited if they are wives of the deceased. However, recently the Supreme Court held that Nigerian customs which disinherit women are repugnant to natural justice, equity and good conscience should therefore not be allowed to stand.9However, the Supreme Court in its judgment encourages equity in inheritance issue in that part of the country but this undoubtedly a difficult task to be achieve in Nigeria. Thus, this goes a long way that in practice the theory is not in correlation in Nigeria, hence the concern for this work.

Economically, women participation in economic development is restricted to a particular limit in Nigeria. For instance, there are some employments that do not encourage the concept of gender equity an example is the Nigerian Police Force whereby a married women cannot be employed and this particular clause it stated categorically in Article 118 of the Police Regulation. The Regulations further narrow the responsibilities of the Women Police.10Indeed, aPolicewoman who intends to get marry most sought permissionso that she can get married and also an unmarried policewoman who get pregnant shall be discharged from the force. 11 Also, the Labour Act 12 specificallySections 54 and 55 provide for the

9OnyiborAnekwe and Anor vs. Mrs. Maria Nweke (2014) LPELR 22697(sc)

  • Article 121-123 of the Nigeria Police Regulation

11Article 124-128 of the Nigeria Police Regulation

  • Cap L1 LFN, 2004

employment of women. However, Section 55 which provides for night work specifies some employment where women will be allowed to work.This particular section is discriminatory because there are other employment that requires night work in which women are involved.In practice however, women are trying to earn a living in order to meet their family needs. Often these women become victims of sexual harassment by their male bosses either in the public or private sector.13 Thus, the representation of women in paid employment in Nigeria is very low compared to their male counterparts, hence the concern for this work.

Politically, women emancipation in National development is also undermine. It must be noted that the law is not gender bias on who occupies certain office but in practice certain offices has been made forbidden for women. For instance, presidential and gubernatorial offices are forbidden of women in Nigeria and this is as a result of cultural or religious belief where is it is stated that a woman cannot be the head of a society.14

Socially, the educational attainment of women is also restricted despite the importance of formal education; there has been almost virtual deprivation of female education in Nigeria.The education of female has been seen as a secondary factor compared to that of her male counterpart because of the erroneous belief of the parents in some areas that giving a female education means throwing money away as she will cease to be part of the family once she gets marry and this has accounted for nearly 53% of girls that are out of school.15A problem of this nature prompts the research of this kind.

  • Banda, F.H (2005) Women, Law and Human Rights, An African Perspective Portland Oregun, p. 169

14Sada, I.N. “Shariah and the Right of Muslim Women n Nigeria. A. Report Prepare for Special Programme on Women in the North under the Access for Justice Programme” Department of International Development (DFID), Abuja. July 2004 p.25

  • Gender in Nigeria Report (2012) ‘ Improving the lives of Girls and Women in Nigeria” p. 29

The foregoing shows that gender equity that flows between treatmentsof both sexes in Nigeria is a difficult task in which this dissertation seeks to address even though the constitution which is the ground norms provides in section 42 against non-discrimination.

1.3         Aim and Objectives

This research aims at examining the legal regime for the concept of gender equality in international law in relation to its domestic implementation in Nigeria subject to local circumstances and the existing laws on the subjects matter. In this regard, the objectives of the research are as follows:

  1. To examine the adequacy or otherwise of the existing legal framework on the subject matter at both domestic and international level.
  2. To examine the efficacy of the existing law in relation to the practical implementation.
  3. To examine the factors militating the effective implementation of instruments if any.
  4. To proffer viable measures for the improvement of the instruments

1.4         Scope of the Research

This research covers the legal regime for the study of domestic implementation in Nigeria of the concept of gender equality under international law. However, since Nigeria do not live in isolation and because some of these problems occur generally, throughout the world, the discussion of this research will consider what is obtainable in some other parts of the world if possible how they impact into Nigerian situation.

1.5         Research Methodology

Doctrinal research method is adopted for this research. Therefore, the research is library oriented, using material derived from both primary and secondary sources. The primary sources include statutes and judicial decisions while the secondary sources include books, journals, articles and newspapers and internet materials both at international and national level.

1.6         Significance of the Study

This research is relevant to humanity as it affects the lives of men, women and children. The domestic implementation of gender equality if properly done will promote peace, harmony, equity and social justice in all aspect of life. It will provide a level playing ground for men, women, boys and girls child socially, economically and politically, therefore, its importance cannot be emphasis.

1.7         Literature Review

In an effort to secure materials towards the actualization of this research work, we realized that many scholars have written many books and articles on the subject matter of this research. There have been various opinions and analyses from different scholars as regards the issue that is gender equality in Nigeria and at the international level; while some are interested in equality in the workplaces, family, political arena etc. some are concerned with the legal enforceability or otherwise of this concept. They have tried to explain this phenomenon from various parameters ranging from economic, social, political and human relations.

In spite of the contributions made by scholars on this research topic, there still exist some loopholes and lacuna in their works. For instance, Ezeilo, J. N. in her work16 examined the rights of women in Nigeria women and went further to provide measures as contained under the CEDAW, to combat such discrimination. The work also examined the rights and duties imposed on the states by CEDAW, obliging them to embark on policies to eradicate discrimination against women, in order to pave the way for women to enjoy their human right as laid down under the CEDAW.

The author went further to examine factors constituting barriers to women advancement in Nigeria. The factors are grouped into economic, political, legal, social and cultural. The work concentrated on the rights and duties under CEDAW alone, as they relates to women‟s rights. It however failed to examine other legislative rules protecting and advancing women‟s rights in Nigeria.

Nasir, J. M.17 discussed extensively the constitutional and other legislative provisions that guaranteed the protection of women‟s rights in Nigeria vis-à-vis the weaknesses of such provisions which in turn hindered the advancement of women‟s rights in Nigeria. She reiterated the extent to which these provisions have protected the interest of women in the society concerning the religious, traditional and cultural norms that govern Nigeria and as it seems to have affected the rights of women in Nigeria.

16Ezeilo, J. (2001) Women and Children’s Right in Nigeria, Women’s Aid Collective (WALCOL), Lagos

17Nasir, J. M. (1998) Women’s Right in Nigeria. In Muhammed, T. and Muhammed, L. (ed.) Individual Rights and Communal Responsibility in Nigeria, National Human Rights Commission, Abuja

Otaluka, A. O.18 in her work “protection of women‟s rights under the law” observed that women in Nigeria suffered the same inequalities like their counterparts in other parts of the world. She observed that African women do not have a share in the economic, political and social progress commensurate with members of capabilities. This status, she stated, was conditioned by certain traditions and religious which are dominant in the society.

She went further to examine the various reasons leading to inequalities between men and women in Nigeria. She also observed that the attitudes of women to their traditional roles give an impression that the women see their role as domestic and social as opposed to economic as well. She looked at the rights of women to employment and their capacity to contract under the law. She suggested various ways to better the lot of women but however limited her contributions to only two rights, and failed to mention other important rights, which affect progress and development of negatively. She also did not deal extensively with the international Conventions and their impacts on Nigerian laws vis-à-vis the equal rights of women with their male counterpart.

Ladan, M. T.19 in his book discussed the protection of women‟s rights in international human rights and humanitarian laws. He discussed about equality and non-discrimination against women. He expatiated the issue of non-discrimination based on sex. He also discussed the issue of violence against women, international mechanisms for women‟s rights protection, the rights of women upon arrest and while in detention.

18Otaluka, A. O. Protection of Women under the Law with particular reference to Nigeria, in Kalu, A. and Osinbajo, Y. (ed.) Women and Children under the Nigeria Law, Lagos, Vol.6, Federal Ministry of Justice Law Review, undated

19Ladan, M. T. (2004) Materials and Cases on Public International Law, Ahmadu Bello University Press Limited, Zaria

John, E. N. in his work the World of African Women20 exposed the status of the African in the traditional society. The work examined the various activities of African women; it discussed the traditional African marriages, divorce, economic and philosophy on education. It discussed the position of African women in the pre-colonial, colonial and some aspects in the post-colonial Africa. The author examined further, the migration of African women from the rural to the urban region. It could be discerned from the book that African women had rights before colonization and that more rights were accorded them after independence. Nevertheless, the book did not show whether those rights are adequately guaranteed and protected as stipulated by various laws in operation after independence and it failed to proffer solution and recommendation or make observation as to the future of the African women‟s rights.

Akumadu, T. in her work, “Beast of Burden, A Study of Women‟s Legal Status and Reproductive Health Rights in Nigeria” 21 discussed immensely the problems and advancement of women‟s rights in Nigeria. She examined the discriminatory burdens against women reproduction and particularly the problems placed on them by traditions and religions practices to make marriage work and at the expense of women. She also dwelt on the problems encountered by the girl child and forced marriages, widows‟ inheritance and many other burdens placed on women. The author, however, concentrated on domestic and matrimonial aspect of inequality against women while she failed to look into all other sphere of life where women are suffering inequality with their male counterpart.

  • John, E. N. (1980) The World of the African Women, Scacecron Press Inc. London

21Akumadu, T. (1998) Beast of Burden: A Study of Women’s Legal Status and Reproductive Health Rights in Nigeria, Civil Liberty Organization, Lagos

Banda, F. H. in her work,“Women, Law and Human Rights:An African Perspective”,22 examined various discrimination suffered by African women and went further to examine various provisions contained under the CEDAW and African Charter for the Protection of Human Rights in Africa generally. As much as the work concentrated on CEDAW and African Charter, alone it failed to address the problems contained in other relevant legislative instruments. Furthermore, the book treated the problems in Africa generally and was not specific about the discrimination or inequality suffered by Nigerian women.

Ifemeje, S. and Ikpeze, O.23 in their work “Global Trend towards Gender Equality: Nigeria‟s Experience in Focus”, they dealt with domestic violence against women, the discrimination under customary law and also well discussed the issue of inequality in the workforce while some Nigerian legislation that are discriminatory too were discussed. They however failed to discussed that the 1999 Constitution of Federal Republic of Nigeria which is the grundnorm still embodied some Sections it in that are discriminatory.

Jaiyeola M.B24 in her work “A Comparative Study of Women‟s Rights of Inheritance in Nigeria Under Islamic Law and some Customary Laws” she examined the rights of women in accordance to inheritance law, practice and tradition under Islamic law and customs. She limited herself to only to customary laws in Nigeria.

  • Banda, F. H. (2005) Women, Law and Human Rights, An African Perspective, Portland Oregon, Oxford

23Ifemeje, S. and Ikpeze, O. Kuwait Chapter of Arabian Journal of Business and Management Review, Vol. 2, No.3, Nov. 2012

24Jaiyeola M.B. (2011) “A Comparative Study of Women’s Rights of Inheritance in Nigeria Under Islamic Law and Law Customary Laws”, unpublished Ph.d Thesis Submitted to Faculty of Law University of Ilorin.

She however failed to examine other rights of women that are of great importance to Nigerian women. She also failed by limiting herself to only just two customary laws despite the diversity nature of Nigeria.

Dauda, B.25 in her work discussed some discriminatory issue against women with particular reference to employment. She highlighted some Nigerian legislation on employment discriminate against women right from the selection stage, to promotion stage, to entitlements and benefits to the retirement stage. She dwelt on the occupational employment of both men and women and arrived at the conclusion that men are more than the women folk in the formal sector of labour. The writer only concentrated on the inequality of gender in labour with failure to discuss the areas women are been discriminated against.

Odiaka, N. O.26 in her work“The Concept of Gender Justice, and Women‟s Rights in Nigeria: Addressing the Missing Link”. The paper examined the nature, scope and extent of human rights protection afforded to women under Nigerian domestic laws and under international law. It reflects on the key and emerging issues affecting gender justice and the rights of women directly or indirectly.

Abegunde, B.27 in his work “Gender Inequality: Nigerian and International Perspective”, examined the factors responsible for gender inequality against women. He discussed that the

25Daudu, B. Gender Discrimination in Employment: An Appraisal, Nigeria Journal of Labour Law and Industrial Relation, Vol. 1 (No.2), 2007

26Odiaka, N. O. (2013) “The Concept of Gender Justice and Women’s Rights in Nigeria: Addressing the Missing Link”, AfeBabalola University Journal of Sustainable Development Law and Policy, Vol.2 Issue 1.

27Abegunde, B. Gender Inequality: Nigerian and International Perspective, British Journal of Arts and Social Sciences, Vol. 17, No.1, 2014 or http://www.bjournal.co.uk//BJASS.aspx accessed on 20/4/2016, 11:50pm

patriarchal system operates in virtually all the Nigerian communities, which made women to be regarded as second-class citizens. The writer went on to enunciate that women are the most poorest between the two sexes of human race. The writer however, failed to discuss some areas that are common in virtually all the Nigerian societies and at the international level.

Sani, H.28 in her book, “Women and National Development: The Way Forward”, examined various aspects of the society which relates to women. She discussed about the participation and involvement of women in politics, employment, education, development, etc which are relatively low compared to the male counterpart. The author however, failed to discuss the inequality or discriminations Nigerian women faced on all spheres ranging from employment, violence, education, etc.

Olomojobi Y29 in his book “Human Rights on Gender,” Sex and the Law in Nigerian”, examined gender in northern Nigeria, the right of women to the custody of children, women and sexual rights, sexual politics and Democracy and also Migration and trafficking of girls and women. The author however failed to discuss the inequality or discrimination general nor did he discuss gender equality at the international scene.

Abdulraheem N.M30 in her work “Protection of Women‟s Rights under the Nigerian plural Legal System” examined the rights of women in Nigeria in accordance with the Nigerian

28Sani, H. (2001) Women and National Development: The Way Forward, Spectrum Book Limited, Ibadan

29Olomojobi Y (2015) Human Rights on Gender, Sex and the Law. Princeton & Associates Publishing Co. Ltd, Lagos

30

Abdulraheem N.M (2010) “Protection of Women’s Rights under the Nigerian Plural Legal System”.

legal system. She however failed to discuss gender equality of women generally at the international and regional scene.

Ladan M.T. in his workthe protocol on the Rights of Women in Africa and the Islamic Perspective on Gender Equality and Justice.31 The work discussed in the details the rights of women in Africa in accordance with the protocol on the rights of women. The author also discussed gender equality in marriage, divorce and inheritance under the protocol. On the Islamic perspective, the author did justice to gender equality by buttressing his argument with Quran and Hadith which were the main sources of law in Islamic law. He also went further by basing some of his arguments on the provisions of other sources of law in Islamic law. The author made helpful suggestion where he stated that advocates can lobby government to reform national laws and policies that hinders women‟s right under the protocol. Nevertheless, the author having done justice to gender equality in marriage, divorce and some other aspect under the Shariah, the work did not discuss the issue of custody under the Shariah in some ages of the children of a divorced marriage which can be solely that of the mother.

Abdullahi, R, Ali A and Hamid S.A in their work “Gender Equality, Islam and Law”32 discussed that gender equality is not a new concept and Islam preaches equality of human persons. They discussed further the verses of the Quran that encourage equality of human beings. Their discussion from the Islam law perspective discussed some verses of the Quran that made men the head or superior than women and they further based their argument on the

31Ladan M.T. (2006) “The protocol on the Rights of Women in Africa and the Islamic Perspective on Gender Equality and Justice”. A paper presentation at a seminar organized by solidarity for African Women’s Rights (SOAWR) A coalition of Human Rights (NGOs) during African Union Summit at Ahfad University for Women, Khartoum, Sudan.

32www.rahanatu/20/womenlawmakaysian.accesson16october201710:15am.

issue that Islamic law is a divine law that preaches equality of human being. On the aspect of the law, their discussion is based on the Malaysian Islamic family law, some important aspect of family law such as marriage, divorce the polygamous native of men. The writers only concentrate on Malaysian Islamic family to discussed the topic of their work, they however failed to discussed beyond the territorial scope of Malaysian because the issue of gender equality, Islam and law is beyond the limited scope they discussed.

Danladi, K.M. in his work33 discussed the rights of women and children in accordance with Islamic law. He highlighted some basic rights women and children enjoyed generally and as well discussed the rights they enjoyed individually. He did explained what human rights encompassed generally and he stated categorically that human rights under Islamic law is what is known to be divine law. The writer having done justice to the pic of his work, it be argued that he limited himself to the rights of women and children under Islamic law without recourse to the issue of gender equality both conventionally and traditionally.

The Constitution of Federal Republic of Nigeria 199934 is the ground norm of all laws in Nigeria. The constitution however enshrined in Chapter 2 fundamental objectives and directive principles of state policy and Chapter 4 deals with fundamental rights. The constitution however, provides that every citizen is equal and no citizen should be discriminated against based on sex, religion, tribe, language, etc.

33Danladi, K.M (2006) “Islamic Law Mechanism for the Protection of Women and Children Right: “A Unique Approach”. Journal of Islamic and Comparative Law Centre of Legal Studies, Institute of Administration, Ahmadu Bello University, Zaria, vol. 27.

  • Cap C20 LFN 2004

However, the same constitution have in some sections of it that are discriminatory in nature against women in one way of the other and any law that is inconsistent with the constitution is said to be null and void which simply means the constitution is also discriminatory. Convention on the Elimination on All Forms of Discrimination against Women (CEDAW)35 provides laws that will make women to realize the move for gender equality. The Convention states clearly that discrimination against women in all form should be eradicated and all states parties should encourage gender equality in all spheres. The Convention however, failed to make it compulsory for all state parties those signatories to domestic the Convention into their municipal laws. The Convention also failed to provide any section that will make the implementation and enforceability of its provision achievable.

From the above literatures reviewed, there is no doubt that the learned authors have giving useful insight into the subject of this research. However, other emerging developments as well as issue affecting the sanctity of gender equality in international law with particular reference to Nigeria were not adequately taken care of. For instance, some Nigerian legislation that embraced discrimination or inequality against women is not properly dealt with. To this end, the research analysis available materials from both primary and secondary sources with a view of aiming up with findings and recommendations that would only not bridge this lacuna but most importantly, improve the sanctity of gender equality.

  • Adopted 18 Dec, 1979 entered into force 3 Sept. 1981, G. A. Res. 34/180 UN GAOR, Supp (No.46), UN DOC. A/34/46 at 193 (1979)

1.8         Organizational Layout

This work is made up of five chapters. Chapter one gives a general introduction to the work. It outlines the statement of the problem, the objectives of the research, the scope, and methodology, significance of the study, literature review and organizational layout.

Chapter two is titled appraisal for legal regime for gender equality in international law. It discusses international and regional instruments on gender equality. The legal regime include International Bill of Human Rights, CEDAW, Convention on the Rights of the Child, African Charter on Human and Peoples‟ Right to mention but a few.

Chapter three centers on the legal regimes for gender equality in Nigeria. It discusses the domestic laws in Nigeria that encourages gender equality and the instrument for the enforcement of gender equality in Nigeria.

Chapter four concentrate on the domestic implementation of gender equality in Nigeria. This chapter discussion centers on gender equality situations, cases and scenarios in Nigeria. It further discusses the institution responsible for the implementation of CEDAW and other women treaties in Nigeria which is the main focus of this work.

Chapter five, as the last embodies summary, finding under which observations from the whole discourse in this research will be enumerated while recommendations thereto be made and the work ends with a conclusion.

A STUDY OF DOMESTIC IMPLEMENTATION IN NIGERIA OF THE CONCEPT OF GENDER EQUALITY UNDER INTERNATIONAL LAW

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