₦airaland Forum

Domestic guarantees of equality

The 1999 Constitution of the Federal Republic of Nigeria prohibits discrimination on grounds of sex. Section 42 (1) provides that: A citizen of Nigeria of a particular community, either ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person:

(a) be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions are not made subject: or

(b) be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions.

(c) Section 17 (1) The State social order is founded on ideals of Freedom, Equality and Justice. Section 17 (2a) every citizen shall have equality of rights, obligations and opportunities before the law.

The Law in practice: Constitutionally guaranteed discriminatory legislation against women

Antithetical to constitutional non-discriminatory guarantees against discrimination, the Constitution itself contains provisions that discriminate against women, and administrative regulations and practices exist which breach these guarantees with impunity. More so, it can also be argued that the Constitution is interpreted as prohibiting discrimination in the public sphere, or by state agents, thus leaving no room for redress where discrimination is perpetuated by non-state actors. There is no known case where the Nigerian Constitution was relied upon to challenge human rights violations of women by a private person. These legislations that will be examined are some examples of statutes that have been in force since independence and/or colonial era and have not been changed, updated or reformed. For instance, most of the common law in force in Nigeria is that in force in England before 1900. This is inconsistent with the characteristic of law. Margaret Davis maintains that law should be in flux, flexible, and not static, enabling it to respond to changes in the society.

The Constitution provides in Section 26(2) that a woman who is or has been married to a citizen of Nigeria may be registered as a citizen of Nigeria, but silent as to whether a woman married to a foreign national can confer Nigerian nationality on her foreign husband. It implies that a woman is incapable to confer Nigerian citizenship on her foreign husband, and this provision exist despite the fact that such provisions have been identified and repealed as discriminatory in other parts of African nations such as South Africa and Botswana, to mention but a few. This is also in direct infringement of Article 9(1) of CEDAW, which posits equality for women in matters pertaining to nationality.

Discriminatory provisions also exist in many public law statutes. For instance, Section 353 of the Penal Code, which applies to the Southern States in Nigeria, provides that an indecent assault against a man is a felony, punishable by three years in prison. But Section 360 holds that the same offence against females as a misdemeanour is punishable with only two years of imprisonment. It is worrisome that this distinction remains on the statute books, especially when indubitable facts exists that indecent assault is an offense that is often committed against women. Here, I have no choice other than to infer that the law implies that, the offense is of less gravity when committed against a woman. Again, this is inconsistent with the cardinal principle of criminal law which stipulates that like cases should be treated alike and all persons should be protected from harm of a similar degree. More so, these provisions are antithetical to Article 2(g) of CEDAW, which requires state parties to repeal all national penal provisions which constitute discrimination against women.

Discriminatory provisions also exist in the 1963 cap 89 Nigerian Penal Code, which is applicable to the northern Nigerian states that have not adopted Sharia law. For instance, Section 55 of the Penal Code provides that:

Nothing is an offense which does not amount to the infliction of grievous hurt upon any person and which is done by a husband for the purpose of correcting his wife, such husband or wife being subject to any native law or custom in which such correction is recognized as lawful.

Thus, the Penal Code permits husbands to use physical means to chastise their wives as long as it does not result in "grievous harm," which is defined as loss of sight, hearing, speech, facial disfigurement, or life-threatening injuries. Although the constitution provides for equality and freedom from discrimination; there are no laws that criminalize gender-based violence, while some federal laws condone such violence. It is hoped that the law makers should use the ongoing Constitutional reform project to repeal the Penal Code, because women’s rights are human’s rights.

Under the Police Act (Chapter 359, laws of the Federation of Nigeria, 1990), the provisions regulating the conduct of police officers made thereunder provide that an unmarried woman who becomes pregnant shall be discharged from the force and may not be re-enlisted without the consent of the Inspector-General (Regulation 127, Police Act, 1990). Another regulation permits a serving female police officer may only marry, with the consent of the Commissioner of Police, if she has served for at least three years and her intended husband is of good character (Regulation 124 and 125, Police Act, 1990). Here, it instructive that I pause and ask, is it a crime to be borne a woman or to be endowed with the capacity to reproduce? It is hoped that the male dominant National Assembly will find answer to this question in the ongoing Constitutional review.

Nigeria’s personal taxation laws, also contains come discriminatory laws (Personal income tax decree, Chapter 104 Laws of the Federal Republic of Nigeria, 1993). Under these laws, a married woman will only be allowed to claim tax relief based on the number of dependents she has if she can show that she has separated from her husband by deed or by an order of the High Court (Section 3 personal income law decree above). This requirement does not apply to divorced or separated men. This legislation is still based on the premise that married women and their children are maintained by their husbands. As a result, single mothers and wives who bear the main financial responsibility in a household are denied the tax relief that men are entitled to. It is hoped that the Courts should start upturning such gender discriminatory laws.

The Marriage Act (Marriage Act, Chapter 218, Laws of the Federation of Nigeria, 1990) provides that written consent is necessary where either party to an intended marriage is under 21 years. However, this consent must be from the father: a mother’s consent is only acceptable if the father is dead or of an unsound mind (Section 118, Marriage Act, 1990). Beyond a shadow of doubt, it is clear that acceptability of the consent based on the gender of the parent is unnecessary, discriminatory and serves no known practical or legal purpose other than to perpetuate the stereotype that treats Nigerian women as chattel and second class citizens.

In conclusion, the legislations detailed above are at variance with Nigeria’s domestic and international law obligations relating to gender rights. For instance, [b]Section 55 of the Penal Code presupposes that a wife can never be considered an equal in a marriage and ought to be expunged. Likewise, in its 2003 report to CEDAW the Nigerian government described wife as [b]‘the man’s property and she is generally not expected to entertain any measure of equality in whatever form’. Human dignity is firmly established as an international standard and finds expression in the major international human rights instruments. Regionally, it is provided for by the African Charter and the Protocol to the African Charter on the Rights of women, and necessarily implies that a husband cannot be permitted to legally (or otherwise) beat his wife.

More so, the provisions in the Police Act limiting the reproductive freedom of female police officers are also infringement of Nigeria’s obligations under CEDAW. Policies and practices that have an impact on women’s reproductive rights constitute a form of violence against women as well as denial of a basic freedom to choose because of their sex. These regulations do not impose concomitant obligations on men. These provisions contravenes the right not to be subjected to degrading treatment as provided for under the major international human rights instruments and is contrary to the concept of human dignity and gender justice.

http://nigeriamasterweb.com/blog/index.php/2010/03/04/dear_god_is_it_a_crime_to_be_borne_a_wom

Also in Nigeria, a woman needs the consent of the husband to get a passport for the child while the man does not need a consent from the wife to get their child a passport. Surprisingly, to get a Nigerian passport for your child in the UK, you require both parents consent.


Following on that, it was only in 1999 that married women where able to get their passport without their husbands consent according to the article below.

The current administrative policy of the Nigeria Immigration Service (NIS) compelling a married Nigerian woman to produce a letter of consent from her husband as a condition for issuance of international passport has been declared unconstitutional by the Federal High Court in Port Harcourt.

The presiding Judge, Justice G.K. Olotu, made this declaration in a suit by Dr. Priye Iyalla_Amadi, wife of renowned author, Elechi Amadi, against the director general of the Nigeria Immigration Service (first defendant) (NIS), (second defendant) and the service itself.

Justice Olotu, in his judgment, said this requirement for processing of application for international passport as it concerns married women, is a violation of Section 42 (1)(a) of the 1999 Constitution and Article 18(3) of the West African Charter on the People’s Human Rights, being discriminatory on grounds of sex, hence unlawful and unconstitutional.

Following the loss of her international passport, Dr. Iyalla-Amadi had applied to the NIS for the issuance of another passport and the officer who attended to her request gave a list of documents that she would attach to the her formal application, among them a letter of consent from her husband.

Irked by this condition, the plaintiff protested against it on the ground that a mature adult citizen of the country like her should not require the consent of any person before she could be issued a Nigerian passport, but her protest fell on deaf ears, thus the decision to file the suit against the NIS.

[b][b]The defendants did not really dispute the facts adduced by the plaintiff in their counter_affidavit but sought to justify the requirement of a letter of consent from the husband of a married woman who wants to be issued a Nigerian passport on the basis that Nigerian married women are classified alongside with minors by the government as persons who require consent from the head of the family.

NIS argued that the requirement for consent was put in place to perpetuate the authority of the man over his wife, no matter the status she had attained in society. It also stated that the requirement was set to avoid unnecessary breakdown of marriage institution in the country.

Another argument advanced by the NIS was that obtaining a Nigerian passport from the Federal Government by a Nigerian is a privilege, hence any person applying must fulfil all the conditions laid down by the sole agent of the government, which is the NIS.

http://www.vanguardngr.com/2009/06/court-voids-immigration-condition-for-issuing-passports-to-married-women/

The big question here is........................

Who cares

Eye opening article for people who always use the cliche, "Nigerian women are not discriminated in any sphere".

Archived for future offline reference.

Whoever made these laws are a bunch of sexists chauvinists

Many countries actually don't confer citizenship on spouses of nationals.

I think I've asked the question before, that should non-Nigerian spouses of Nigerian ladies be eligible for Nigerian citizenship.

FrancisTony:
Eye opening article for people who always use the cliche, "Nigerian women are not discriminated in any sphere".

Archived for future offline reference.

Every time I see people write that women are not discriminated in Nigeria, I just marvel. If these laws are not discrimination, I did like to know what it is.

Pidggin:
Whoever made these laws are a bunch of sexists chauvinists

Unfortunately, even our constitution discriminates against women.

It's really a pity

babygirlfl:
Unfortunately, even our constitution discriminates against women.

I know, and it's so unfair

There is a solution to this. Pick up on politics and get active.

Why are there only a few women who are into politics but plenty into (celebrity) gossip, telenovelas, fashion magazines and so many obsessed with marriage, marriage, marriage, Mr Charming come and save me from myself?
Why are there only a few women in parliament?
How many women are politically active?
How many women discuss politics with their friends and even on NL?


You want laws that are fair, formulate and pass them!
Stop blaming others and take action. You are responsible for yourselves.

The OP has raised some awareness, the next step is for women to take care of issues that are relevant instead of wasting time on trivia.

Mindfulness:
There is a solution to this. Pick up on politics and get active.

Why are only a few women into politics but plenty into (celebrity) gossip, telenovelas and fashion magazines?
Why are there only a few women in parliament?
How many women are politically active?
How many women discuss politics with their friends and even on NL?


You want laws that are fair, formulate and pass them!
Stop blaming others and take action. You are responsible for yourselves.

The OP has raised some awareness, the next step is for women to take care of issues that are relevant instead of wasting time on trivia.

True. I have always said it that whatever problems women face in Nigeria, will be solved by women. Women need to get active and ask for their rights.

babygirlfl:
True. I have always said it that whatever problems women face in Nigeria, will be solved by women. Women need to get active and ask for their rights.

Yes BUT it is not enough to ask for rights. No rights without responsibilities. Fair enough!

Ok

Mindfulness:
Yes BUT it is not enough to ask for rights. No rights without responsibilities. Fair enough!

Off course women have to first of all take responsibility for themselves and ask/fight for their right so yes you are right about them taking responsibility. Also telling women to ask for their right does not mean we are asking them to do it without taking responsibility. This last bit is not directed at you. It's just to make it clear as some people might jump on it.

babygirlfl:
Off course women have to first of all take responsibility for themselves and ask/fight for their right so yes you are right about them taking responsibility.

I wouldn't say fight. There is no ease in fighting.

Discriminatory provisions also exist in the 1963 cap 89 Nigerian Penal Code, which is applicable to the northern Nigerian states that have not adopted Sharia law. For instance, Section 55 of the Penal Code provides that:

Nothing is an offense which does not amount to the infliction of grievous hurt upon any person and which is done by a husband for the purpose of correcting his wife, such husband or wife being subject to any native law or custom in which such correction is recognized as lawful.

Thus, the Penal Code permits husbands to use physical means to chastise their wives as long as it does not result in "grievous harm," which is defined as loss of sight, hearing, speech, facial disfigurement, or life-threatening injuries. Although the constitution provides for equality and freedom from discrimination; there are no laws that criminalize gender-based violence, while some federal laws condone such violence..

I didn't even know about this one. Tell me something.

Men see how ignorant of the law I am. I am one of those who thought the discrimination against women in Nigeria was not institutionalised but I see differently now.

OP, no offence intended but gotta say this:


All over the world, women are discriminated against in one form or another.
On Nairaland, there is a greater need for more threads about building strong Nigerian women than those proliferating this image of weak Nigerian women constantly being oppressed by the male folk. I disagree with that weak image because it has never been my reality and there are many Naija women out there for whom it is not a reality.

This section has so many threads on similar topics such as this and I don't think it's doing much for the psyche.

MMotimo:
OP, no offence intended but gotta say this:


All over the world, women are discriminated against in one form or another.
On Nairaland, there is a greater need for more threads about building strong Nigerian women than those proliferating this image of weak Nigerian women constantly being oppressed by the male folk. I disagree with that weak image because it has never been my reality and there are many Naija women out there for whom it is not a reality.

This section has so many threads on similar topics such as this and I don't think it's doing much for the psyche.

@ bold Good idea. Also depends on what you mean by strong woman because whether we like it or not, there'll still be people who have a problem with any message that preaches strength to women.

about different realities for different people, if the constitution neglects covering women's rights, then It's the reality for everyone.
It will only take being in a fix to know that you're not protected. But until then, that person will downplay the significance because it is not their reality....yet.

cococandy:
I didn't even know about this one. Tell me something.

I did not know about that one too. I also did not know that Nigerian women could not confer citizenship to their foreign partners until a friend who married a foreigner told me. That is why we need to make people aware.

LordReed:
Men see how ignorant of the law I am. I am one of those who thought the discrimination against women in Nigeria was not institutionalised but I see differently now.

Most of us are ignorant of our laws and constitution. I know more laws about the UK than about Nigeria. This is because it's there in the news here in the Uk and the lawyers here will make you know your right and help you fight for it.

babygirlfl:
I did not know about that one too. I also did not know that Nigerian women could not confer citizenship to their foreign partners until a friend who married a foreigner told me. That is why we need to make people aware.

That one is a serious matter o.

The thing is NIGERIA as a country is still very tradition based. Most of those law makers were thinking with their traditional brains while writing the constitution. You know in most (or all) of our traditions, a woman marries into the man's side. The system is so patrilineal that while penning stuff down, no one probably remembered to consider what would happen if a foreign dude wanted to become Nigerian by marriage.
Well I guess the woman will instead become a citizen of the man's country.
Maybe when NIGERIA becomes a world power and more people want to claim our citizenship, something might be done about it. Lol

MMotimo:
OP, no offence intended but gotta say this:


All over the world, women are discriminated against in one form or another.
On Nairaland, there is a greater need for more threads about building strong Nigerian women than those proliferating this image of weak Nigerian women constantly being oppressed by the male folk. I disagree with that weak image because it has never been my reality and there are many Naija women out there for whom it is not a reality.

This section has so many threads on similar topics such as this and I don't think it's doing much for the psyche.

No offence taken

That women are discriminated all over the world( if true) does not mean we should not do anything about it. That statement you made sounds like someone saying that there is poverty all over the world so we should not do anything about it.

This thread is about awareness and this thread never said men were oppressing women. This thread shows that our constitution and government institutions discriminate against women and I am yet to see a thread with this same message in this section.

I think it is extremely selfish to think that because something is not someone's reality, then we should not do something about it. Even if it affects one woman, it is worth fighting for and putting a stop to it. My friend who could not confer Nigerian citizenship to her foreign husband probably thought the same thing. Now it's her reality.

cococandy:
That one is a serious matter o.

The thing is NIGERIA as a country is still very tradition based. Most of those law makers were thinking with their traditional brains while writing the constitution. You know in most (or all) of our traditions, a woman marries into the man's side. The system is so patrilineal that while penning stuff down, no one probably remembered to consider what would happen if a foreign dude wanted to become Nigerian by marriage.
Well I guess the woman will instead become a citizen of the man's country.
Maybe when NIGERIA becomes a world power and more people want to claim our citizenship, something might be done about it. Lol

I agree with you about the traditional brain. Just look at the defence from the Nigerian immigration service when the woman sued them about the consent letter for her passport.

thanks and not suprising though

babygirlfl:
I agree with you about the traditional brain. Just look at the defence from the Nigerian immigration service when the woman sued them about the consent letter for her passport.

Those laws are probably in place because of the high incidence of human trafficking in Nigeria and also due to the fact that Nigerian women have been trafficked in large numbers to foreign countries to engage in prostitution.


If the countries they are going to, say they do not want that, is it a crime?

i dey come make i read the long article

The 1999 Constitution of the Federal Republic of Nigeria prohibits discrimination on grounds of sex. Section 42 (1) provides that: A citizen of Nigeria of a particular community, either ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person:

(a) be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions are not made subject: or

(b) be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions.

(c) Section 17 (1) The State social order is founded on ideals of Freedom, Equality and Justice. Section 17 (2a) every citizen shall have equality of rights, obligations and opportunities before the law.

Obviously, all this wasn't clear enough to the writer...he/she had to go further to imply from his/her own interpretations just to arrive at a discriminatory conclusion.

[s]The Law in practice: Constitutionally guaranteed discriminatory legislation against women

Antithetical to constitutional non-discriminatory guarantees against discrimination, the Constitution itself contains provisions that discriminate against women, and administrative regulations and practices exist which breach these guarantees with impunity.[/s] More so, it can also be argued that the Constitution is interpreted as prohibiting discrimination in the public sphere, or by state agents, thus leaving no room for redress where discrimination is perpetuated by non-state actors. There is no known case where the Nigerian Constitution was relied upon to challenge human rights violations of women by a private person. These legislations that will be examined are some examples of statutes that have been in force since independence and/or colonial era and have not been changed, updated or reformed. For instance, most of the common law in force in Nigeria is that in force in England before 1900. This is inconsistent with the characteristic of law. Margaret Davis maintains that law should be in flux, flexible, and not static, enabling it to respond to changes in the society.

How can anyone say there's no known case where the Nigerian constitution challenges/criminalizes human rights violation on women?
Seriously?

So who and what is being referred to here?
Section 17 (2a): every citizen shall have equality of rights, obligations and opportunities before the law.

Does every citizen include man and animals, but not women?

Also, how can the constitution which is made for one and all be prohibiting discrimination in the public sphere/state agents, and not cater for discrimination perpetrated by non-state actors when in fact both state agents and non-state actors are all citizens?

The Constitution provides in Section 26(2) that a woman who is or has been married to a citizen of Nigeria may be registered as a citizen of Nigeria, but silent as to whether a woman married to a foreign national can confer Nigerian nationality on her foreign husband. [s]It implies that a woman is incapable to confer Nigerian citizenship on her foreign husband,[/s] and this provision exist despite the fact that such provisions have been identified and repealed as discriminatory in other parts of African nations such as South Africa and Botswana, to mention but a few. This is also in direct infringement of Article 9(1) of CEDAW, which posits equality for women in matters pertaining to nationality.

Isn't it common sense that a marriage is contracted on the premise that the woman marries into the family and/or in this case, country of the man?

It is also wrong to imply that a woman is INCAPABLE of conferring citizenship on her foreign husband.
The solution to this has been covered here if the foreign husband wishes to be a citizen:

26 (1): Subject to the provisions of section 28 of this Constitution, a person to whom the provisions of this section apply may be registered as a citizen of Nigeria, if the President is satisfied that -

(a) he is a person of good character;

(b) he has shown a clear intention of his desire to be domiciled in Nigeria; and

(c) he has taken the Oath of Allegiance prescribed in the Seventh Schedule to this Constitution.

Pay close attention to the underlined clause.
Because it is assumed that a woman naturally marries into the country of her husband, citizenship is subsequently granted to a foreign national married to a Nigerian woman if he has the intention of being domiciled in Nigeria.

Good one @op but it would have being better if you had posted this thread at politics section.

crackhaus:
Obviously, all this wasn't clear enough to the writer...he/she had to go further to imply from his/her own interpretations just to arrive at a discriminatory conclusion.


How can anyone say there's no known case where the Nigerian constitution challenges/criminalizes human rights violation on women?
Seriously?

So who and what is being referred to here?
Section 17 (2a): every citizen shall have equality of rights, obligations and opportunities before the law.

Does every citizen include man and animals, but not women?

Also, how can the constitution which is made for one and all be prohibiting discrimination in the public sphere/state agents, and not cater for discrimination perpetrated by non-state actors when in fact both state agents and non-state actors are all citizens?


Isn't it common sense that a marriage is contracted on the premise that the woman marries into the family and/or in this case, country of the man?

Besides, a woman isn't INCAPABLE of conferring citizenship on her foreign husband if she so wishes.
The solution to this has been covered here if the foreign husband wishes to be a citizen:

26 (1): Subject to the provisions of section 28 of this Constitution, a person to whom the provisions of this section apply may be registered as a citizen of Nigeria, if the President is satisfied that -

(a) he is a person of good character;

(b) he has shown a clear intention of his desire to be domiciled in Nigeria; and

(c) he has taken the Oath of Allegiance prescribed in the Seventh Schedule to this Constitution.


Pay close attention to the bit in bold.
Because it is assumed that a woman naturally marries into the country of her husband, citizenship is granted to a foreign national married to a Nigerian woman if he has the intention of being domiciled in Nigeria.

bravo crackhaus................

Years back when i was preparing for my marriage, the immigration officer was trying to convince me to have the marriage in Nigeria. I was like, why? He said it will be better for me, he couldn't even give me any concrete reasons. Not knowing that this man wants to frustrate me . Maybe in a case of divorce, i will be sent to my fathers house Chai.

During our discussion, he said if we were married for even more than 5Oyrs and live in Nigeria, Mr Chilli will never be a Nigerian Citizen. He even said it goes both ways and Not because am a Female. This topic is eye opening. So its only for Male counterpart that can infer citizenship for his partner? Wonders shall never end. And we voted for Old man Buhari? What a wicked society.

As per the passport thingy, i was asked twice in Nigerian Embassy to collect an approval letter from Hubby before they issue our Kids Nigerian Passports. An approval letter from a non Nigeria to give a blood Nigerian passport? Maybe if i go to renew my passport again, i would be asked to bring approval letter eh. This is just so funny and sick at same time.
Can you imagine. I cant even just walk in and get a passport for my own children

Nigeria which way?

Maybe i should start writing to many website/organizations, so they stop giving Nigerians citizenship in other countries. If they cant give citizenship to foreigners why should foreigners give out their citizenship to Nigerians?

Bunch of stupid people we have as Lawmakers.
They cant even read and amend Laws, na only to chop National cake.

ABeg Seun Osewa, Lalasticlacla, ishilove... make una help me put am for front page.

My hubby must collect his Nigerian Passport and run for the next governorship election in my state.

Chillisauce:
My hubby must collect his Nigerian Passport and run for the next governorship election in my state.

Except for this; No reasonable human would want to be a Nigerian by choice in this our present stage save for years to come.