Across Nigeria, women have struggled to breathe for a long time, their voices muffled, and most are unable to attain their full potential. As a result of this dire situation, women's rights groups, civil society organisations, and concerned citizens have mobilised in several ways to push back through advocacy campaigns, litigations, and legislative engagement to challenge systemic barriers embedded not only in social norms but also within the Nigeria Constitution and broader legal framework, which continue to limit women’s political, socio-cultural, and economic participation. While these efforts have produced some progress, the deeper structural changes required to guarantee transformative change remain firmly rooted and unshaken.
During the period of the study titled ‘Unequal by Design: an appraisal of Nigeria's patriarchal laws', interesting but sad discoveries were made on institutional and structural policies designed to keep out half of the country's population. At the heart of this major challenge lies Nigeria's legal framework. Despite constitutional guarantees of equality, some provisions within the 1999 Constitution of the Federal Republic of Nigeria (as amended), as well as statutes such as the Criminal Code Act and the Penal Code Act, continue to perpetuate, support, or institutionalise gender-insensitive and discriminatory practices against women.
A close assessment reveals that certain constitutional provisions are clearly skewed in favour of the opposite sex. For example, while the Nigerian Constitution prohibits discrimination based on sex, sections, particularly those relating to citizenship, indigeneship – like Section 26(2)(a), and even the use of male pronouns (he/him) in Section 5, have been interpreted in ways that are disadvantageous to women. Some customary practices have also historically been interpreted or applied in ways that disadvantage women, resulting in the tension between constitutional equality and entrenched socio-cultural norms, which has left many women without effective remedies.
Beyond the Nigerian Constitution and customs, provisions in the Criminal Code and the Penal Code are also patriarchal. In some instances, outdated definitions of sexual offences, sentencing disparities, and corporal punishment reflect archaic assumptions about women's roles, credibility and dignity; for example, Sections 353 and 360 of the Criminal Code and Section 55(d) of the Penal Code. Although reforms such as the Violence Against Persons Prohibition Act (VAPP) 2015 have marked progress, their uneven domestication across states means that many women still rely on legal codes that fail to adequately protect them.
Over the years, several gender-focused bills have been introduced at the National Assembly. Some sought constitutional amendments to remove discriminatory clauses; others aimed to create special measures to enhance women's political representation and participation in governance. Yet, many of these bills have stalled or failed to pass, reflecting persistent political resistance and deeply embedded patriarchal norms and mindsets.
The implications are far-reaching. Women remain underrepresented in elective and appointive offices. Economic participation is constrained by discriminatory inheritance practices and limited access to resources. Socially, harmful norms that sometimes reinforce gaps in the law continue to undermine women's autonomy and security.
It must be pointed out and tirelessly so that the necessity for reforms of the country's patriarchal laws is not merely a women's issue - something to do to feel good or gain political mileage, but a democratic requirement. Nigeria's commitment to international human rights standards underscores the obligation to ensure that its domestic laws align with principles of equality and non-discrimination. A legal system that embeds bias, whether by design or error, implicitly undermines the legitimacy of democratic governance itself.
Constitutional provisions that entrench inequality should be amended expeditiously, and existing equality clauses should be more effectively enforced. Criminal statutes should be modernised to reflect contemporary understandings of gender, democracy, and justice. More importantly, reforms must go beyond mere words and be put into practice at all levels. Legislative change should be accompanied by institutional strengthening, public education, and sustained political will.
When will Nigeria be ready for this comprehensive reform of its laws and policies? Will the country ever be ready to align its laws with its constitutional promise of non-discrimination and ensure gender equality? Will Nigeria continue to leave its laws, whether by omission or commission, designed to keep half of its populace on the fringes of development? Or are its laws, in fact, willfully designed to be patriarchal and therefore need no amendments? Any progressive society will provide answers to these many questions.
To explore the complete analysis of statutory provisions and reform recommendations in greater depth, access the full report here.