WUNRN
*Ms. OKEKE UJU PEACE is a law graduate of Obafemi Awolowo University (O.A.U) Ile-Ife, called to the Nigerian bar in 2002. She obtained an LL.M in Human Rights (Specializing in Reproductive and Sexual Health Rights) from the University of the Free State, Bloemfontein, South Africa in 2008. She is a practicing lawyer, a human right activist, a reproductive and sexual health expert and a professional negotiator and a mediator. She presently works with Socio Economic Rights Initiative (SERI) as a legal and program officer. EMAIL: ujupeaceo@yahoo.com
A
CASE FOR THE ENFORCEMENT OF WOMEN’S RIGHTS AS HUMAN RIGHTS IN
By Uju Peace Okeke
Nigerian women are undeniably Nigerians. The status bestow
on them rights and privileges enjoyed by other Nigerians. More so, statistics
reveal that they constitute 69,086,302 of
This study seeks to examine the enforcement of women’s
rights as human rights in
The study does not in any way showcase
Where after all do
universal human rights begin? In small places, close to home so close and so
small that they cannot be seen on any map of the world. Yet they are the world
of individual person: the neighborhood he lives in; the school or college he
attends; the factory, farm or office where he works. Such are the places where every man, woman
and child seeks equal justice, equal opportunity, equal dignity without
discrimination unless these rights have meaning there, they have little meaning
anywhere. Without concerted citizen action to uphold them close to home, we shall
look in vain for progress in the larger world.[2][2]
The notion of Human rights
flows from philosophical concept of natural rights based on divine injunctions.
They could be said to be timeless, basic rights bestowed on human beings simply
for being human by the creator himself irrespective of conceived differences
like age, sex, race, ethnicity, economic status, condition of birth,
nationality etc. By implication, they are everyday rights of all human beings
which ought to be visible in all levels of human intervention. While these
rights exist in different forms in all societies, their evolution and
crystallization gained international recognition in 1948 through the Universal
Declaration of Human Rights (UDHR).[3][3] Since
then, the consciousness, scope and its protection is ever increasing.[4][4] The
UDHR is not enforceable but its principles have attained the status of Jus Cogen in international law. The
unenforceability of UDHR gives rise to the enactment of treaties upholding and
advancing its standards. These international and regional treaties impose a
degree of commitment on ratifying states.
Women’s rights as human
rights connote that women as part of human race have their rights covered by
the definition of human rights given by God and guaranteed under international
treaties. Women’s rights are human rights peculiar to women individually and
collectively. Feminists, women themselves and indeed the whole world highlight
women’s rights because of the historical and traditional subjugation of women
in many societies. Suppression of women persists in patriarchal societies,
shrouded in cultural, structural and religious systems.
The UDHR has from inception
envisaged women’s human rights but the articulation of women’s right framework
came into being in 1979 with the International Convention on Elimination of all
forms of Discrimination Against Women (CEDAW)[5][5]. As if
to clear every misconception, the 1993 United Nations World Conference on Human
Rights in
The Nigerian Constitution which is the grundnorm[6][6] guarantees the fundamental
human rights of Nigerians.
The Nigerian Constitution in protecting the human rights of
Nigerians divides these rights into civil and political and socio-economic. It
guarantees the civil and political rights in its chapter iv and socio-economic
rights in its chapter ii. The distinction lies in their justiciability. While
the civil and political rights are justiciable, the socio-economic rights are
not but are acknowledged as Fundamental Objectives and Directive Principles of
State Policy. The constitutional provisions are discussed alongside other
applicable laws and policies.
Given that civil and political rights guaranteed all
Nigerians are enforceable in Nigerian courts, their enforceability vis a vis Nigerian women is herein
considered.
This has been described as
fulcrum of other rights,[16][16] a
fundamental right in the absence of which other rights make no sense.[17][17]
Section 33(1) of the Constitution provides that ‘every person has a right to life, and no one shall be deprived
intentionally of his life, save in execution of the sentence of a court …’.
The constitutional provision seems to be in total agreement with the importance
of this right as it implies that any death not flowing from execution of court
sentence is a violation of the right to life. Maternal deaths, defined as ‘the
death of a pregnant woman or within 42 days of termination of pregnancy
irrespective of the duration and site of pregnancy or its management but not
for accidental or incidental causes’[18][18] a
common occurrence in Nigeria violates women’s right to life . Contrary to the
constitutional provision, these women neither committed any offence nor do
their deaths result from the execution of any court sentence. Nigerian women
cannot truly be said to enjoy right to life when they account for more than 10%[19][19] of
the world’s maternal deaths,[20][20] life time maternal risk is 1 in every 18,
Maternal Mortality Ratio (MMR) is 1100[21][21] and
for every one death, about 30 women incur infection, injuries and disability.[22][22]
Noting that Maternal Mortality (MM) is not death of sick women but death of
women in their prime[23][23]
performing their societal expected obligations, safe motherhood should be
ensured not only for the propagation of human race[24][24] but
for the protection of women’s right to life.
The gravity of the violation
is manifested in the fact that MM is preventable. Its persistence questions
present government policies. Beyond the policies like Gender Policy and
National Reproductive Health Policy, there is no national legislation on safe
motherhood. In fact, only three States-Anambra, [25][25]
Rivers and
Unsafe abortion is another evil messenger violating Nigerian
women’s right to life by sending them to untimely deaths. Abortion is
necessitated by unwanted pregnancy due to unsafe sex whether resulting from
violence or non-use of contraceptives. It is estimated that about 34 000[27][27] women
die annually from unsafe abortion. Unsafe abortion is prevalent because
Nigerian legislation criminalizes abortion[28][28]
except where it is to save a woman’s life. The restrictive abortion laws do not
allow for the monitoring of the process and the providers as it forces most of
them underground. It is most plausible that the restrictive laws be reviewed
considering the number of women losing their lives.
Life has been interpreted by the Human Right Committee to be
broad[29][29]
requiring positive steps. Ensuring this right for Nigerian women will require
protection of unintentional loss of women’s lives in whatever form and taking
steps to increase their life expectancy. The non protection of this right implies
that Nigerian women are worth little attention.
Dignity, the foundation of other human rights has been held
to inhere in every human being.[30][30]
Section 34(1) (a) of the Nigerian Constitution provides that ‘every individual is entitled to respect for
the dignity of his person, and accordingly no person shall be subjected to
torture or inhuman or degrading treatment…’ In the face of this
constitutional provision, Nigerian women are subjected to all forms of inhuman
treatment in the name of culture and religion despite provisions of section 21
of the Constitution that ‘protects
preserves and promotes only cultures which enhance human dignity’. For
instance Female Genital Cutting (FGC), rooted in religious and cultural beliefs,
commonly practiced in
Another cultural
practice impacting on women’s dignity is son preference usual in most customs
and families. A family without a son is considered incomplete. This demeans the
girl child from birth as she is considered not as good as her brother. Many
women, to satisfy their families, keep procreating till they give birth to sons
regardless of consequences on their lives and health. In the eastern part of
the country, a custom called Nrachi Nwanyi
permits a man who has no son to keep one of his daughters in his family to
raise male successors. This is nothing but legalized prostitution debasing
women psychologically and physically. This custom was condemned by the
Wife inheritance and other forms of widowhood malpractices
practiced in many parts of
Section 34 (b) of the Constitution provides that ‘no person shall be held in slavery or
servitude…’ No other form of slavery could be worse than forced/early
marriage, a daily occurrence in
Dignity entails that women must have control over their
bodies but this is not so as sexual violence is rife even within matrimony. The
reason may not be far from the tolerance or near zero prosecution which has not
deterred perpetrators. Sexual violence increases Sexually Transmitted Diseases
(STDs) and unwanted pregnancies which mostly will be aborted. Abortion is
criminalized accordingly most women will opt for clandestine but unsafe
abortion thereby risking their lives. It is doubly tragic and demeaning to
condemn a woman to permanent disability from unsafe abortion and STD especially
if she is a victim of sexual violence.
Rape of any sort
is demeaning. To contain this, the law imposes life sentence on offenders yet
section 357 of the Criminal Code (CC)[38][38]defines
rape as ‘…unlawful carnal knowledge of a
woman or girl, without her consent…or, in the case of a married woman, by
personating her husband…’ Section 6 of the CC specifically provides that
sexual intercourse between a husband and a wife cannot amount to rape unless
there is a decree absolute or possibly a decree nisi. These permit marital rape
and by implication, other forms of violence going on in marriage brought to
public knowledge by the media.
Much as violence
could be a fact grounding dissolution of marriage[39][39], the
law[40][40]
upheld by the court[41][41] is
that the violent spouse must first be convicted of violence before its
consideration as a ground for divorce. Going by decided cases more men than
women are violent in marriage relationships. The situation may have become
hopeless for a woman who is compelled to wait till her husband is convicted of
violent acts before divorcing him for example in Pius Nweke V. The State[42][42] where a husband murdered his wife for alleged infidelity. Even if Mr. Pius had
shown traits of violence before the day he murdered Mrs. Nweke, she could not
have divorced him as he was yet to be convicted. This law therefore is in need
of urgent review.
In fact in the
case of Akinbuwa V. Akinbuwa [43][43] the
court held that minor assault of the wife by the husband for corrective
purposes is tolerable. This is in line with the Penal Code[44][44] which
allows for wife chastisement. These laws ostensibly do not recognize the real
situation on ground raising questions of how to differentiate between violence
and chastisement and why a wife must be chastised with minor assault when she
is not a child. The categorization of Nigerian women as children is obvious in
many official documents[45][45] and
was voiced out in Dr. (Mrs.) Priye Iyalla-Amadi V. The Nigerian Immigration Service (
Further, the
proof of rape in our courts is extremely difficult because of peripheral
elements of penetration[47][47] and
corroboration. In Uphar V State[48][48]
the
There is what is
called official rape evident in prison officials or law enforcement officers
raping arrested-and-detained women is common knowledge yet the law has done
nothing about this.
That our customs are not particularly favorable to women is
no longer news but women with any form of disability bear a greater brunt of
the disfavor. In the eastern part of
This right and instances of its breach is provided for in
section 35 of the Constitution. This right is violated by many law enforcement
officials who arrest and detain women for alleged offences committed by their
husbands, boy friends or sons. Worse still, they are abused and many times
raped while in detention.
Many women are denied this right when they lose their
husbands. They are compelled to remain in one place under unhealthy condition
by the traditional authorities recognized by the law. These authorities’ times
without number make use of law enforcement agents in forcing widows to do their
bidding. Unfortunately these acts are not considered as contravening this
Constitutional provision because they are rooted in custom.
Section 36 provides for fair hearing as a right. Victims of
rape are contrary to section 36 (5) not presumed innocent otherwise they will
not be put to further trial by the rules of court. For instance, section 211 of
the Evidence Act[53][53]
admits character evidence of rape victim compelling the prosecution to prove
the guilt of the accused beyond reasonable doubt and also prove the innocence
and non-complicity of the victim. Practically, it seems that this offence is
not intended to be penalized. The situation is worse under the sharia law where
only women could be guilty of adultery or fornication even where they are raped
and it results in pregnancy. In SafiyyatuHussaini T.T Udu V. Attorney
General Sokoto State[54][54] the
issue was not rape but the judgment of the trial Upper Sharia Court seems to
suggest that pregnancy is proof of adultery, other circumstances like rape not
withstanding as no step was taken to scientifically establish the paternity of
the child while the alleged partner in adultery was set free because he denied
responsibility. It is said that ‘the test
of a fair hearing is the impression of a reasonable person at the trial whether
from all observations; justice was done in the case’.[55][55] Many
women who witness rape cases leave the court thinking the court could do a lot
more to protect the rights of women.
Attempt to control human
bodies is often not seen as violation of human rights and thus do not attract
attention like other human rights violations. Women have no privacy as men must
interfere and guide them aright as if they are unable to make right decisions
on issues concerning them. This is so evident in marriages where most women are
forced to marry partners chosen by male members of the family seemingly because
they lack capacity to know what is good for them. Further they lack the power
to decide or even contribute to the number and spacing of their children not
withstanding that they bear a greater burden in procreation.
Widows are denied this right
by extended family members. An average Nigerian widow does not live a private
family life as she is subjected to the prying eyes of her in-laws and her
decisions must be approved by them.
Human beings are influenced by both religion and culture
manifesting in different beliefs held dear by people.
Contrary to section 39 of the Constitution, women are
traditionally meant to be seen and not to be heard. In women’s gatherings,
their decisions must be sanctioned by their husbands. The interference by men
is explained away as custom. Women’s opinions in many instances do not matter
and this may be the reason they are excluded from decision making fora. They
are forced into marriages and are compelled to undergo humiliating rituals in
the name of custom without their consent. Any contrary expression is viewed as
rebellion. The Media has not helped as it is used to stereotype women. Women
especially the indigent and rural dwellers will only be able to exercise this
right where they have access to necessary and empowering information.
This right entrenched in section 40 of the Constitution is
culturally denied women. Most Nigerian women cannot associate with
person/group/association disapproved by either their fathers or husbands. Men
are perceived as always gathering for the right reasons unlike women.
Accordingly, politics is perceived as a dirty game not meant for women. The
reason is partly because they are seen as natural followers who must submit to natural
leadership roles of men. Even where a few women dare, family ostracism and
financial obstacle stop them from active participation. It is therefore not
surprising that women representation is still 3%[56][56]
despite the 35% affirmative action.[57][57] Women’s
political under representation is neither the case of inability nor
unwillingness on their part but that of selective exclusion by the men. The
situation is well captured in a description by a thinking Nigerian ‘African tradition is full of barrages of
images, beliefs, myths and rules designed to perpetually keep women subservient
and to subject them to accepting male dominance of state politics. These
traditions portray women as physically, mentally and spiritually weak,
biologically inferior to men, limited in options, less intelligent and less
competent to handle state matters.’[58][58]
This right is denied many women by landlords who refuse
women as tenants except they are married and live with their husbands. Women
who travel and wish to reside in areas different from where they are known are
assumed to be prostitutes. This right is impeded by patriarchy and supported by
law for instance in the recent case of Dr. (Mrs.) Priye
Iyalla-Amadi V. Nigerian Immigration
Service (NIS)(Supra) the Nigerian Immigration Service required
married women to submit letters of consent from their husbands as part of
requirements for processing traveling passports. This requirement had the
effect of restricting this right as a married woman must obtain husband’s
permission to move around. The Federal High Court did
well in declaring such requirement unlawful.
Discrimination is
a particular form of differentiation irrespective of intention.[59][59] In
families, children are from childhood, taught to discriminate against women
thereby making discrimination a way of life.[60][60] This
gender inequality which begins at birth, affect their choices, health, autonomy
through socialization that deny them access to their rights. Illustratively, at
birth, a son is preferred to a daughter. While growing up the girl is
considered unequal to her brother. She is deemed mature if she marries, yet
inferior to her husband. Her procreative ability determines her womanhood,
infertility diminishes her social worth and her reproductive right is neglected
leading to her untimely death. If by chance, she outlives her husband, she as
family property must pass to the next of kin.
Section 42(1) of the Constitution provides for right to non
discrimination on a plethora of grounds including sex. Paragraph (a) suggests
that discrimination could either be express or implicit-by the practical
application of any law. It follows that all gender discriminatory customs are
expressly discriminatory and are inconsistent with this provision.
Unfortunately, they exist side by side revealing the insincerity of the
equality gospel even as the very use of the word ‘his’ for both men and women all through the constitution
reinforces discrimination.
Some Laws are expressly discriminatory like section 26 (2)
(a) of the Constitution which permits a wife of Nigerian to acquire Nigerian
citizenship unlike husband of a female Nigerian. This is express discrimination
on ground of sex. Section 360 CC which defines unlawful indecent assault of
females as mere misdemeanor attracting 2 years imprisonment while assault of
males is a felony attracting 3 years imprisonment is discriminatory as it
protects perpetrators (men) rather than the real victims (women). The law on
wife chastisement upheld by courts is discriminatory as it reduces women to
status of children. More so women do not have similar freedom of chastising
their husbands.
Acts resulting
from government’s inaction like MM is express discrimination as it is peculiar
to women and faced by all Nigerian women at different points in their lives.
When women are risking death to give life, they are entitled to have their own
right to life and health protected and anything less is discrimination.
Custom that discriminatorily disinherit women either as
mothers, wives or daughters under intestacy is expressly discriminatory. This
is especially so in the eastern part of the country. The courts have unsettled
decisions in this area. For instance, the Courts in the case of Uke
vs. Iro[61][61]
unequivocally held derogatory practice and customs which deprive women of
constitutionally guaranteed rights illegal while the Supreme Court held in Akinnubi
V. Akinnubi[62][62]
that a widow under intestacy forms part of the estate of her deceased husband
and therefore can neither inherit nor be appointed as co administrator. The
Nigerian women
are dealt with on the basis of prejudicial stereotypes. Theoretically, they
have different rights but practically these are merely honored in words as many
neutral laws are by their practical application discriminatory. The law
requiring corroboration and penile penetration for the proof of rape falls into
this category as most victims of rape are women. More so corroboration is not
required to prove other crimes and women have been known to be raped with other
objects. Restrictive abortion law is another, as it discriminatorily prohibits
services needed solely by women[65][65]
forcing women with unwanted pregnancies to undergo hardship in the hands of
quack abortion providers. This discrimination is especially grave where the
abortion seeker is a victim of sexual violence which the law through its
inadequacy and unenforceability did not prevent. In fact the restrictive law
seems to be punishing women for sexual promiscuity thereby setting double
standard-women must be chaste while men are permitted to be promiscuous.
The custom that induces women to marry surrogate wives where
the marriage produces no children appear benevolent as though it is saving a
woman from infertility provoked ostracism and stigma. However, a careful
consideration of this apparently beneficent custom reveals that it is rooted in
patriarchy and is aimed at discriminatorily shifting the blame of infertility
in marriage to women.[66][66]
Land ownership is daunting task for women who are often seen
as res themselves. Traditionally,
women are only allowed family inheritance on rare occasions. Factors like son
preference and child marriage make women economically dependent on men
requiring financial assistance if they must own property. Most lending
institutions prefer lending money to men than women. In the happenstance that a
woman benefits from loan, a male guarantor among other things is required.
Women can only enjoy this right if conducive environment is deliberately
created for them. This some states have done by enacting the Married Women’s
Property law.[67][67] The
courts have also upheld the rights of married women to acquire property in Grace Madu V. DR. Betram Madu[68][68]and Mr. Olarenwaju Aderounmu V.
Mrs. Olabisi Olaide Aderounmu.[69][69] These married-women-empowering laws discriminate against
unmarried women as only married women have the right to acquire, hold, dispose
of any property and have personal liability in contractual matters.
Socio-economic rights guaranteed under chapter ii of the
Constitution are meant to serve as development map in the attainment of these
rights. Socio-economic rights protected
here are not exhaustive[70][70] but
at least rights to health, education and economic emancipation are assured
women. They are ideals to be pursued by every reasonable government.
However, the citizens are powerless
where policy makers, in the face of available resources fail to implement these
polices. With the non
justiceability provision[71][71],
socio-economic rights will not be attainable in
For instance the unenforceability of health is a great
burden on women and one of the outcomes is MM. Nigeria’s MM is rated 2nd
to highest in the whole world next to
Education is the vehicle that will release Nigerian women
from the grip of traditional practices and one of the best strategies for
promoting women emancipation, demystifying retrogressive customs and
transforming attitude towards women. The Constitutional promise of equal
educational opportunities would do women a lot of good but alas this too is too
far fetched for Nigerian women as many of them are forced into marriages when
they should be in schools. Again, in the absence of guaranteed free education,
parents and wards are forced to choose which of the children to send to school
and most will gladly choose sons. In confirmation, the Federal Ministry of
Education statistics puts the gross of un-enrolled out of school children at 10
million with the girl child representing 6.2 million. Following the above,
female adult literacy is merely 54.6% as opposed to 70.1% male adult literacy.[73][73] The
effect is that women have limited awareness of pertinent issues concerning them
and are unable to decipher solutions where they are available in posters,
newspapers and other media.
Women do not fare any better
economically as poverty wears the face of a woman- 70% of citizens living below the poverty line are
women.[74][74] Their plight is aggravated by their past
neglect, cultural practices treating them as res, striping them of the right to possess property[75][75] and
limiting their resort to cope with poverty.[76][76] Many
women remain in informal sectors[77][77] and care economy because of
early marriage which leave them poorly educated meaning that they must survive
on skills if they are fortunate to acquire any and have take off capital. The
efforts of Federal Ministry of Women Affairs and Social Development in skills acquisition
training programs have not been of great assistance as 58.7%[78][78] of
trained women acquired skills without a take off capital leaving them unable to
use the acquired skills. Sourcing
private fund is difficult as facts reveal that only 21.9%
of women have access to facilities (Bank loan) as against 78.1% of men.[79][79] Also women are unable to
access health care because of user fees as 70-80%[80][80] of health care services are purchased using
out-of-pocket payment. Poverty
inhibits economic access to information and education. Even in cases of
increased awareness, the information are usually available in print and other media which poor women are unable to afford especially in rural areas where only 12.5% read news papers,
8% watch television and 30.2% listen to radio.[81][81]
The effect of non justiceability of socio-economic rights on
Nigerian women is aptly summarized in 1999 DFID report, ‘…the consequences of being a Nigerian woman include; deprived
opportunities, limited coping strategies and safety nets and a constant threat
of insecurity..’.[82][82]
The uniqueness of ACHPR[83][83] is the indivisibility of rights-first[84][84], second[85][85] and third[86][86] generation rights unlike the international[87][87] and other regional treaties.[88][88] Article 1 enjoins states to adopt legislative and other
measures in giving effect to their obligations and this duty has been held by
the Commission in CLO V. Nigeria[89][89] to
commence with ratification.
In carrying out
obligations, it imposes duties to respect, protect and fulfill also guaranteed
by other treaties. In Serac V. Nigeria,[92][92] it recognized a fourth duty of
promoting enjoyment of human rights. The Commission held that the duty to
undertake measures involves preemptive steps to prevent human rights violations
even if not caused by direct acts of government agents.[93][93]This
decision empowers protection of women from women’s rights violating traditions
by non government perpetrators. Duty to fulfill is a positive duty which could be interpreted to mean
establishing special courts to handle violation of women’s rights.
Article 16 provides for ‘…the best attainable state of physical and mental health…’ and enjoyment of right to
health was held in Purohit and Another V. The Gambia,[94][94] to be fundamental to all aspects of life
because it aids the realization of all the other human rights and freedoms. The ACHPR provision is in line with definition
proffered by the principal international health authority – World
Health Organization (WHO) which defines health as ‘a state of complete physical, mental and social well-being and not
merely the absence of disease or infirmity’.[95][95]
Flowing from the above mental and social wellbeing of women is as important as
physical wellbeing. This denotes that anything affecting a woman’s social or
mental health violates her right to health. Broad interpretation of right
to health was upheld in Free Legal Assistance Group Lawyers’ Committee for Human Rights.[96][96] In Serac (Supra)[97][97]
Articles 17(1)
and 24 provide for rights to education and satisfactory environment favorable
to development. The interpretation of these will prohibit early marriage,
retrogressive traditions, poverty, women’s rights violating laws and policies
as unfavorable environments for women’s development
Albeit, the provisions of ACHPR are insufficient for the
protection of human rights and women’s rights but will aid rights promotion. As
if to cure this lacuna, articles 60 and 61of the charter, empowers Nigerian
Courts to draw inspiration from international and regional human rights
treaties and instruments ratified by
Despite the commendable view, a divergent view on the
correct application of articles 60 and 61 is that Nigerian courts can only draw
inspiration from such international law if it is consistent with the
Constitution. This view renders socio-economic rights unenforceable and the
Supreme Court seems to favor this view when it held that where conflicts arise
between the Constitution and the received African Charter, the Constitution
supersedes.[107][107] This
holding contradicts that of the Commission[108][108]
which affirms that domestic
legislation must be interpreted not to conflict with obligations under the
charter and negatively affects the realization of human rights and women’s
rights in
The enforceability of women’s rights as human rights requires an enabling environment as well as political will of stakeholders. Enabling environment will include structures, laws and policies while the stakeholders include, government, women, law enforcement agents, media, courts, religious cum traditional rulers and women’s rights activists.
It is here canvassed that Nigerian
laws on protection of Women’s rights may not be exhaustive with many of them in
need or urgent review, yet they are sufficient albeit temporarily to change the
position of women if they are implemented. The issue of implementation will
arise where women’s rights activists utilize these laws to challenge women’s
rights abuses. Again, the domesticated ACHPR and CRC are yet to make visible
differences in the lives of Nigerians and Nigerian children. Women’s rights
activists may not utilize these treaties if domesticated since they have not
been able to utilize the domesticated treaties in favor of women. Therefore
domesticating these treaties may still leave women’s situation at its status quo. Further, a government that
fails to respect its own Constitution may also disrespect its obligations under
a treaty as treaties are fraught with weaknesses, thus the inability of
monitoring bodies to impose sanctions that will deter non implementation.
This goes to show that enabling
environment cannot solely protect rights of Nigerian women. A lot still depends
on the stakeholders who must take the bull by the horn if women are to enjoy
human rights. Unfortunately, the women do not know their rights not to talk of
how to enforce them. Where they are in the know of their rights, they are bound
by the culture of silence emanating from religious fundamentalism and
socialization process. Issues like violence should be a public affair while
tortuous acts like FGC must be reported. There is therefore need for increased
female education and awareness particularly in rural areas to break barriers
and tear off veils of customs inhibiting women from demanding for justice.
The government as
a principal stakeholder must demonstrate political will to enforce women’s
rights. This should be evident in its action towards existing repressive
customs flying in the face of the Constitution, the acclaimed grundnorm. It should ensure the passage
of the 2002 anti FGC bill and similar bills into law. Various levels of
government have developed attractive policies and some have even gone ahead to
enact laws but political will goes beyond lip service as the non implementation
of the laws render them useless and mocks government’s sincerity. The instant
example is the laudable policy on safe motherhood which non implementation
questions commitment to MM eradication. Nigerian government must be seen as
upholding the obligations voluntarily imposed on itself by ratification of
international and regional treaties. There is no system of monitoring
structures put in place for the promotion and protection of women’s rights
while law enforcement agencies are ill equipped for their role. It is helpful
that every public institution and federal agencies have sufficient capacity
building on gender sensitivity. The religious cum community leaders should be
engaged in deemphasizing traditional/religious discrimination violating women’s
rights. The media have only given violation of women’s rights shabby attention.
They may not really be blamed because they are product of patriarchy therefore
do not ask the women question in reporting issues. There is also need to build
the capacity of members of media to make them more gender conscious.
Women’s rights activists initiated
increased awareness of women’s human rights still, the bulk of the work lies
with them. They are not only to ensure favorable environment for the
development of these rights, they must also engage other stakeholders and keep
women’s rights in public domain if this war is to be fought gallantly and won.
While appreciating their efforts, they are yet to exhaust the non
discrimination provision which could be used to address a lot of challenges
facing women. Many of women’s rights violating issues are judicially
challengeable for instance Dr. (Mrs.) Priye Iyalla-Amadi V. Nigerian Immigration Service (NIS)‘s case exposed
the discrimination inherent in NIS passport application process.
Enforcement of women’s rights requires creativity as no law/treaty is
exhaustive and over reliance on women specific legislations will foist on the
activists a case of impossibility as they will constantly demand for laws which
in
The Courts as the last hope of
common man owe women a duty to do more in ensuring the protection of women’s
rights, if law must remain a tool for social engineering. Their decisions must
be seen to uphold human and women’s rights. The Court’s decision in Fawehnmi (Supra) has not helped the
development of human rights and is capable of stalling the
constitutional and legislative guarantee of the provisions of the African
Charter, leaving it a formal paper protection.
Courts have used the excuse of the
non justiceability of socio-economic rights to support the ineffectiveness of
courts in protecting human rights. The situation is akin to the military era
when ouster clauses ousted jurisdiction of courts. This should not be the case
in democratic setting. Much as justiceability of socio-economic rights is
ideal, this argument is not tenable as other nations with similar jurisprudence
like
Regardless
of the above, instances where Nigerian courts protected women abound for
instance Justine Emenike Anagbado V.
Esther Ifebube Anagbado,[114][114] Chinye A. Ezennah V. Alhaji Mahmoud I.Atta.[115][115]
They have punished murder of women in Samson
Emeka V. The State,[116][116] Lateef
Adeniji V. The State.[117][117] The
However, there are also instances where the court
inhibited development of women’s rights jurisprudence. In Mojekwu V. Mojekwu (Supra)
Appeal Court’s condemnation of women’s rights violating custom was lauded by
women’s rights activists until the Supreme Court lambasted the Court of Appeal
in Mojekwu
V. Iwuchukwu[120][120]
for using strong expression particularly as the issue was not strictly before
it. The highest Court also said that the language used by the
It is said that the function of the
court is to interpret laws made by legislature and not to make laws. In theory,
that is so. But it must equally be admitted that judges are not robots (or
zombies) who have no mind of their own except to follow precedents. They are
intrepid by their great learning and training and can distinguish in order to
render justice to whom it is due. As the society is eternally dynamic and with
fast changing nature of things in the ever changing world and their attendant
complexities, the court should empirically speaking situate its decisions on
realistic premise regard being had to the society’s construct and understanding
of issues that affect the development of jurisprudence.
Judges should
apply their great learning in ensuring the growth of women’s rights
jurisprudence for protecting women and showcasing
Tell
me why as a woman, I have all these burden
When God, the Constitution and the United
Nations
All tell me you and I are equal in all
respects?[123][123]
This work attempts a perusal of enforcement of
women’s rights as human rights in
The work reveals
that guaranteed civil and political rights have not been of great help as women
specific issues are not recognized while the stakeholders are many times
unwilling and unable to creatively bring them in. The non justiceability of
socio-economic rights and supremacy of the constitution over treaties
jeopardize human rights of Nigerians despite the Nigerian government’s
association with the Vienna Declaration and program of action both of which
emphasize indivisibility, universality, interdependence and interrelatedness of
all human rights,[126][126]
while stressing the protection of women’s human rights.
It demonstrates
that women’s specific legislations are important as law is a necessary tool for
the enforcement of women’s rights but the judiciary must rely on international and
local laws in widening human and indeed women’s rights protection.
It establishes
through evidence that the enforcement of women’s rights as human rights in
Enforcement of women’s rights as human rights is significant
as the opposite will stultify the attainment of Millennium Development Goals
(MDGs) and general development. It is especially instructive as gender equality
and women empowerment is specifically mentioned as MDG 3. The linkage between
the MDGs suggests that the non realization of one of the goals, will affect the
realization of the rest. Given that progressive societies are measured by how
they treat women and children; power to women is indeed power to all.[127][127]
================================================================
To contact the list administrator, or to leave the list, send an email to:
wunrn_listserve-request@lists.wunrn.com. Thank you.
* OKEKE UJU PEACE
is a law graduate of Obafemi Awolowo University (O.A.U) Ile-Ife, called to the
Nigerian bar in 2002. She obtained an LL.M in Human Rights (Specializing in
Reproductive and Sexual Health Rights) from the University of the Free State,
Bloemfontein, South Africa in 2008. She is a practicing lawyer, a human right activist, a
reproductive and sexual health expert and a professional negotiator and a
mediator. She presently works with Socio Economic Rights Initiative (SERI) as a
legal and program officer. TEL: +2348023907137, +23417255379. EMAIL: ujupeaceo@yahoo.com
[1][1] Niger Watch: Nigerian Population Census: Men outnumber
Women by Millions Available at
http//nigerwatch.blogspot.com2009/03/Nigerian population census (Accrssed 31st
August 2009 3.52pm)
[2][2] E Chesler ‘Introduction’ in W Chavkin & E Chesler (eds)
Where human rights begin 1 the author quoted Eleanor Roosevelt’s remarks at the
United Nations, March 27, 1958.
[3][3] Universal Declaration of Human Rights adopted and
proclaimed by UN General Assembly Resolution 217A (III) (December 10, 1948)
Article 25.
[4][4] Human Rights TakingItGlobal Available
athttp//wiki.tigweb.org (Accessed 11th August 2009).
[5][5] Adopted and opened for signature, ratification and accession
by General Assembly resolution 34/180 of 18 December 1979, entry into force 3
September 1981.
[6][6] Constitution of the Federal Republic of Nigeria
(Promulgation) Act, 1999, Cap C23, Vol. 3, Laws of the Federation of Nigeria,
2004 Section 1(3)
[7][7] Adopted and opened for signature, ratification and
accession by General Assembly resolution 2200A (XXI) of 16 December 1966, entry
into force 3 January 1976.
[8][8] Adopted and opened for signature, ratification and
accession by General Assembly resolution 2200A (XXI) of 16 December 1966, entry
into force 23 March 1976.
[9][9] Adopted and opened for ratification by General Assembly
resolution 2106(XX) of 21 December 1965, entry into force 4 January 1969.
Article 5(e) (iv) provides for ‘the right to public health, medical care,
social security and social services.’
[10][10] Adopted and opened for signature, ratification and
accession by General Assembly resolution 39/46 of 10 December 1984, entry into
force 26 June 1987.
[11][11] Adopted and opened for signature, ratification and
accession by General Assembly resolution 44/25 of 20 November 1989, entry into
force 2 September 1990.
[12][12] Adopted and opened for signature, ratification and
accession by Assembly of Heads of State and Government Decision 115(xvi) in Kenya
27 June 1981, entry into force 21 October 1986.
[13][13] Adopted by the 2nd Ordinary Session of the African Union
General Assembly in 2003 in Maputo CAB/LEG/66.6 (2003) entered into force 25
November, 2005.
[14][14] Adopted in Addis Ababa Ethiopia in July 1990 and entry into
force November 1999.
[15][15] African Charter on Human and Peoples Rights (Ratification
and Enforcement) Act Cap 10, Laws of Federation of Nigeria 1990.
[16][16] Forum of Conscience V. Sierra Leone Communication 223/98
para 20
[17][17] RJ Cook et al Reproductive Health and Human Rights:
Integrating Medicine, Ethics and Law (2003) 11.
[18][18]MT Ladan Law and Policy on Health, HIV-AIDS, Maternal
Mortality and Reproductive Rights in Nigeria (2007) 79.
[19][19] Okonofua FE ’Maternal and Child Health in Nigeria’
available at www.nigeriannma.org/maternal.ppt (Accessed 28th February 2008).
[20][20] World Health Organization
‘Maternal Mortality in 2005 Estimates Developed by WHO, UNICEF, UNFPA, and The
World Bank’ available at http://www.unfpa.org/upload/lib_pub_file/717_filename_mm2005.pdf
(Accessed 28th February 2008).
[21][21] Ibid.
[22][22]Gendercide Watch ‘Maternal Mortality’ available at http://www.gendercide.org/case_maternal.html (Accessed 28th February 2008).
[23][23] Ibid
[24][24] RJ Cook et al (note 17 above) 34-35.
[25][25] Anambra State of Nigeria.
Law/2005/04: a law to confer certain reproductive rights on women and to
provide for related matters. Enacted by the Anambra State House of Assembly on
14 April 2005.
[26][26]The Female Circumcision and
Genital Mutilation (Prohibition) Law 1999.
[27][27] CRR and WARDC ‘Broken Promises: Human Rights,
Accountability and Maternal deaths in Nigeria’ (2008) 50
[28][28] Criminal Code Act Chapter 77 Laws of the Federation of
Nigeria 1990 Sections 228-230 and 297
[29][29] UN International Human
Rights Instruments, HRC/Gen1/Rev.2, 29 March 1996, at p.6.
[30][30] S V. Makwanyane 1995 (3) SA
391 (CC) South African Constitutional
Court.
[31][31] J Horn ‘Not Culture but Gender’ in W Chavkin & E
Chesler (eds) Where human rights begin (2005) 37; See also United Nations
Economic and Social Council Report of the Special Rappoteur on Violence against
Women, its Causes and Consequences E/CN.4/2000/68/Add.5.
[32][32] C Shalev ‘Right to Sexual and Reproductive Health: The ICPD
and the Convention on the Elimination of all forms of Discrimination against
Women’ (2000) 4(2) Health and Human Rights 48.
[33][33] Responses to Information Requests (RIRs) available at http://www.irb-cisr.gc.ca/en/research/rir/?action=record.viewrec&gotorec=450643 (Accessed 30 September
2007); See also Report on Female Genital Cutting (FGC) available at
G:\Nigeria Report on Female Genital Mutilation (FGM) or Female Genital Cutting
(FGC) - OnlineNigeria_com.mht(Accessed 30 September 2007).
[34][34] (2000) 5NWLR 3.
[35][35] Inhuman Treatment of Widows (Prohibition) Law2004
[36][36] Malpractices against Widows and Widowers (Prohibition)
Law2005
[37][37] Abia, Anambra, Bayelsa, Ebonyi, Edo, Ekiti, Imo, Jigawa,
Kwara, Lagos, Nassarawa, Ogun, Ondo, Osun,Oyo, Plateau, Rivers and Taraba
[38][38] Criminal Code (Note 28 above).
[39][39] Section 15 (2) (c) Matrimonial Causes Act CAP 220 Laws of
the Federation of 1990
[40][40] Ibid Section 16 (1)(e).
[41][41] Otti v. Otti (1992) 7 NWLR (pt 252) 187 at 208
[42][42] (2008) Vol 1 WHRC 106
[43][43] (1998) CA/B/6/94, 13 (Court of Appeal Benin).
[44][44] Penal Code Law, 1959, Cap 89, Laws of Northern Nigeria, 1963 section 51(1)(d)
[45][45] The Nigerian Constitution; Nigeria’s National Action Plan
for the Promotion and Protection of Human Rights in Nigeria July 2009 lumps
women, children and young persons together
[46][46] Reported by Gardian 19th July 2009. NIS in requiring a
married woman to produce a letter of consent from her husband in processing
traveling passports, argued that married Nigerian women were classified along
with minors by the government of the Federal Republic of Nigeria through the
NIS in the category of
[47][47] B Olateru-Olagbegi & BA Afolabi ‘Actual Women Situation
in Nigeria’ available at http://www.wildaf-ao.org/fr/print.php3?id_article=46(Accessed 30 September 2007); See also Giving up Harmful Practices,
Not Culture available at http://www.advocatesforyouth.org/Publications/iag/harmprac.htm (Accessed 17 September 2007).
[48][48] (2003) 6 NWLR Pt 816 at 230. The Court held that ‘there
must be independent credible corroborative evidence. The nature and content of the corroborative
evidence must not only corroborate and support the claim of the prosecutrix
that the accused raped her by penetrating into her vagina. It must also unequivocally implicate the
accused.’
[49][49] (2008) Vol.1WHRC 106
[50][50] National Centre for Women Development, Abuja ‘A Compilation
of the Constitution, National and State Statutes and Regulations, Local
Government Bye-Laws, Customary Laws and Religious Laws, Policies and Practices,
and Court Decisions Relating to the Status of Women and Children, Applicable in
Nigeria’ (2005) 66-67.
[51][51] (1932) 11 NLR 47 (West African Court of Appeal).
[52][52] Suit No. 4/24A/79 Unreported judgement of Hon. Justice
Ohiwerei of Ubiaja Judicial Division former Bendel State of Nigeria delivered
on Tuesday, 23rd day of march 1982-
[53][53] The Nigerian Evidence Act Cap 112 Laws of the Federation of
Nigeria 1990
[54][54] (2008) Vol. 1 WHRC 309
[55][55] Otapo & Ors V. Sunmonu
1987 2 NSCC p. 669
[56][56] The Nigerian NGO CEDAW Coalition: A Shadow Report (2008) 26
[57][57] Nigerian Gender Policy 2006, 5th objective.
[58][58] A.O. Okunade (ed) Promotion
of Women’s Rights Consciousness (1998) 13
[59][59] J De Waal
& I Currie The Bill of Rights Handbook (2005) 243.
[60][60] Okunade (note 58 above) 2.
[61][61] (2002) FWLR PT 129 @ 1454 ratios 2 &3
[62][62] (1997) 2 NWLR 144.
[63][63] (1997) 7 NWLR Pt 512;283
[64][64] QLRN Vol 1 (1986) @222
[65][65]RJ Cook & S Howard ‘Accommodating Women’s differences
Under the Women’s Anti-Discrimination Convention’ (2007) 56 Emory Law Journal
1040.
[66][66] Shalev (note 32 above) 48.
[67][67] Married Women’s Property Law of 1994 applicable in the
South East; Oyo Married Women Property Law of 2000; Kaduna, Sokoto and Zamfara
States Married Women Property Laws.
[68][68] (2008) Vol 1 WHRC 255 the trial court and the Supreme Court
did not allow a man reap where he did not sow by declaring the property bought
within the marriage that of the woman when cohabitation ceased despite Appeal
Court’s application of doctrine of resulting trust.
[69][69] (2008) Vol. 1 WHRC 283 the trial and Appeal Courts upheld
the woman’s ownership of property bought in her name when she filed for divorce
[70][70] Section 15 (5) of the Constitution provides that ‘state
shall abolish all corrupt practices and abuse of power, Sections 17(3) provides
that ‘the State shall direct its policy towards ensuring that: (a) all citizens
without discrimination on any group whatsoever, have the opportunity for
securing adequate means of livelihood as well as adequate opportunity to secure
suitable employment, (b) conditions of work are just and humane…(c) the health,
safety and welfare of all persons in employment are safeguarded…(d) there are
adequate medical and health facilities for all persons 18(1) Government shall
direct its policy towards ensuring that there are equal and adequate
educational opportunities at all levels…(3) government shall strive to
eradicate illiteracy…’.
[71][71] section 6(6)(c) of the Constitution provides that “The
judicial powers vested in accordance with the foregoing provisions of this
section -(c) shall not except as otherwise provided by this Constitution,
extend to any issue or question as to whether any act of omission by any
authority or person or as to whether any law or any judicial decision is in conformity
with the Fundamental Objectives and Directive Principles of State Policy set
out in Chapter II of this Constitution…”
[72][72] (1981) 2NCLR 337 it held that the provisions of chapter II
of the Constitution are not obligatory on the government
[73][73] The Nigerian NGO CEDAW Coalition (Note 56 above) 34
[74][74] Federal Ministry of Women Affairs 2006; National Gender
Policy(Note 57 above) .
[75][75] Oluyemisi Obilade & Olutoyin Mejiuni ‘Poverty
Alleviation through Reproductive Health Exploring Other Non-formal Alternatives’
286-291
[76][76] A R Oyeduntan ‘Unemployment,
Poverty and Drug dependency among Youths in Nigeria’ A paper presented at the
Conference on 'Policy and Politics in a Globalising World, University of
Bristol, UK (2003).
[77][77] P Eweama Gender Statistics in Nigeria Issues and
ChallengesPaper Presented atUN Global
Forum on Gender Statistics, Accra Ghana January, 2009. Statistics have it that
as at 2006, there were 68.72% men and 31.28% women in Federal Civil Service
while for Federal Ministries 32.4% were
women while 67.6% were men
[78][78] The Nigerian NGO CEDAW Coalition (Note 56 above).
[79][79] P Eweama (Note 77 above)
[80][80] CRR and WARDC (note 27 above) 39
[81][81] Oluyemisi (note 75 above)
[82][82] Oyeduntan (note 76 above).
[83][83] In its preamble, is convinced that ‘it is henceforth
essential to pay a particular attention to the right to development and that
civil and political rights cannot be dissociated from economic, social and
cultural rights in their conception as well as universality and that the
satisfaction of economic, social and cultural rights is a guarantee for
enjoyment of civil and political rights.
[84][84] The first generation rights include right to equality
before the law (Art 3) right to have ones case heard (Art 7)right to freely
associate (Art 10)
[85][85] Socio-Economic rights include right to work under equitable
and satisfactory conditions (Art 15) right to enjoy the best attainable state
of physical and mental health (Art 16(1) right to education (Art 17 (1) right to
a generally satisfactory environment (Art 24)
[86][86] Right to international Peace and Security(Ar 23)
[87][87] At the international level, there are the ICCPR and the
ICESCR
[88][88] At the regions, there are European Convention and the
European Social Charter and the American Convention and the ‘Protocol of San
Salvador’
[89][89] Communication 129/94
[90][90] Section 1 of the Act provides that ‘the African Charter
shall have force of law in Nigeria and be given full recognition and effect and
be applied by all authorities and persons exercising legislative, executive or
judicial powers in Nigeria.
[91][91] Ogugu v The state (1998) 1 Human Rights Law Report, 167.
[92][92] (2001) African Human
Rights Law Report 60 (ACHPR 2001) they explained this to mean ‘to promote tolerance,
raise awareness and build infrastructure’..
[93][93] Commission Nationaledes Droits de l’ Homme et de
Libertes V. Chad Communication 74/92
para 22
[94][94] (2003) AHRLR 96 (ACHPR 2003).
[95][95] 14 UNTS 185 The Constitution of WHO was adopted by the
International Health Conference, New York 19-22 June, 1945; opened for
signature on 22nd July 1946 by the representatives of 61 states (official
records of the World Health Organisation, no.2 p.100); and entered into force on 7 April 1948. WHO in the
preamble to its Constitution of 1946 proclaimed that ‘the enjoyment of the
highest attainable standard of living is one of the fundamental rights of every
human being without distinction of race, religion, political belief, economic
or social condition.
[96][96] Communication 25/89 health was held to include duty to
provide water, electricity and adequate supply of medicine.
[97][97] Serac (note 91 above)
Nigeria caused environmental degradation and contamination in Ogoni land
through its oil production and condoned violation by failing to monitor
operators to ensure their compliance with the required safety measures.
[98][98] General Comment 14, UN ESCOR, 2000, Doc. No. E/C.12/2000/4
para 14 & 21 in interpreting article 12(1) of ICESCR
[99][99] Availability will mean sufficient healthcare goods and
services needed by women
[100][100] Accessibility embodies four components which are economic
accessibility, physical accessibility, information accessibility and non
discrimination. Economic accessibility
will imply that the healthcare goods and services peculiar to women are
affordable. Physical accessibility will entail that the healthcare goods and
services are within easy reach of women. Information accessibility will mean
that women must be aware of necessary health information. Non discrimination
means that healthcare goods must be offered equally.
[101][101] Acceptability entails that they are culturally and
ethically acceptable
[102][102] Quality ensures that available goods and services are of
good quality
[103][103] Understanding Gender Equality ‘Women’s rights are Human
Rights TakingItGlobal Available at http//wiki.tigweb.org(Accessed 11th August
2009) CEDAW is the main international human rights treaty for women adopted by
the United Nations General Assembly it is often described as an international
bill of rights for women. The detailed document defines what constitutes
discrimination against women and sets up an agenda for international action to
end such discrimination.
[104][104] CRC General Comment 1
twenty-Sixth Session (2001); CESCR General Comment 11, UN ESCOR 1999, Doc. No.
E/C.12/1999/4 enjoins states to provide free compulsory primary education;
CESCR General Comment 13, UN ESCOR 1999, Doc. No. E/C.12/1999/10 explains that
education is a human right; article13 of ICESCR urge states to provide free,
compulsory primary education, accessible secondary and higher education with a
gradual introduction of free education.
[105][105] Concluding Observations of
the Committee on Economic, Social and Cultural Rights: Nigeria 13/05/98,
E/C.12/Add.23.
[106][106] Concluding Observations of the Committee on the Elimination
of Discrimination against Women: Nigeria 20/01/2004,
CEDAW/C/2004/1/CRP.3/Add.2/Rev.1.
[107][107] Abacha v Fawehnmi (2000) 6 NWLR (PT. 660) 228
[108][108] Constitutional Rights Project and Others v Nigeria (2000)
AHRLR 227 (ACHPR 1999) it was held that allowing national law to take
precedence over International law would defeat the essence of treaty making and
erase important rights provided for under the charter.
[109][109] NI Aniekwu ‘Legalising
Cairo: Prospects and Opportunities for Reproductive Rights in Nigeria’ (2006) 1
& 2 CODESRIA Bulletin 49.
[110][110] Understanding Gender
Equality (Note 103 above) 1.CEDAW is the culmination of over 30 yrs of work by
UN Commission on the Status of Women. Their main agenda is to bring to light
all the areas in which women are denied equality with men.
[111][111] S Khoza Socio-Economic
Rights in South Africa 2nd ed (2007) 21.
[112][112] (1996) 4SCC37. The Supreme Court of India held that the
right to life protected by article 21 of the Indian constitution was breached
when various government hospitals denied a complainant emergency treatment for
head injury.
[113][113] (1972) 7CC HCJ 57 (78) Court held sack after maternity
leave is pregnancy related and unlawful.
[114][114] (2008) Vol. 1 WHRC 239 where a man’s attempt to divorce his
wife after 6 children and active sexual life for a useless reason was refused
by both trial and appellate courts.
[115][115] (2008) Vol. 1 WHRC 185. The trial court and Supreme court
denied a man the pleasure of taking back landed property bought for a woman
when their love turned sour for a frivolous reason of breach of promise to
marry when in actual fact there was none.
[116][116] (2008) Vol. 1 WHRC 163 The Supreme Court held the accused
liable for murdering a woman who died in the process of her eyes being plucked
for ritual purpose, the fact that she was a prostitute not withstanding
[117][117] (2008) Vol. 1 WHRC 83 The Supreme Court held the accused
liable for murder when he murdered a lady and took over her car.
[118][118] (2008)Vol. 1 WHRC 411
[119][119] (2008) Vol. 1 WHRC 368
[120][120] (2004)NWLR Pt. 883 Pg 196
[121][121] (2005)19 NWLR PT.959 211, 259 D-E
[122][122] Abiola v FederalRepublic
of Nigeria (1995) 7 NWLR pt. 455 p.8 it was stated that the courts are to
enhance confidence in the administration of justice and the courts are to
abstain from doing anything that will erode the root of justice.
[123][123] E Chesler (Note 2 above)1 the author quoted Eleanor
Roosevelt’s remarks at the United Nations, March 27, 1958.32 the author cited
the Melanesian poet Agnes Dewenis.
[124][124] (1999) 2 NWLR (Pt. 589) 161 per Afolabi Fabiyi JCA
[125][125] Okunade (Note 58 above) 3
[126][126] National Action Plan for the Promotion and Protection of
Human Rights in Nigeria (Note 45 above) 4.
[127][127] Understanding Gender Equality (Note 103 above).