Over the years, there have been constant calls for equity among the genders especially in the face of obvious discrimination against women across the world especially in Nigeria where inequality thrives in every sphere of life due to effects of customs and traditions.
However, in recent times, women have increasingly become more vocal in the fight against discrimination as they demand equality in every sphere of society.
This bias is also seen in the laws of the land as while Section 42 of the constitution provides for the right to freedom from discrimination, contrary to this provision, there are several laws in existence that are not favourable to women.
Some Nigerian laws that are discriminatory against women includes
the Police Act, spousal rape, provisions on citizenship, discriminatory labour laws, abortion, assault and battery as well as consent to marriage among others.
Section 26 (2) of the 1999 constitution as amended provides that a foreigner can become a citizen when married to a Nigerian man but the constitution does not make the same provision for a male foreigner who marries a Nigerian woman.
In Regulation 124 of the Police Act, “a female police officer who is desirous of marrying must first apply in writing to the Commissioner of Police in the state where she is serving requesting permission to marry and giving the name, address, and occupation of the person she intends to marry.”
The section further states that permission will only be granted “if the intended husband is of good character” and the female police officer has served in the force for a minimum of three years.”
And though in 2012, Justice Stephen Adah, of a Lagos High Court sitting in Ikeja, declared this section of the police act as illegal and unconstitutional but it is yet to be expunged
Also, Regulation 127 of the Police Act stipulates that “an unmarried woman police officer who becomes pregnant shall be discharged from the force, and shall not be re-enlisted except with the approval of the inspector-general.” This is not the same situation for the men.
In recent times, there had been reports from women complaining of spousal rape from their partners but there can be no conviction in such cases cannot get a conviction in Nigeria because there is no existing law in Nigeria that provides for marital rape though there are clear pronouncements on unlawful carnal knowledge
Section 282(2) of the Penal Code, is applicable in the northern region, states that “sexual intercourse by a man with his wife is not rape, save and except the wife have not attained the age of puberty.”
Indecent assault committed against females carry lesser punishment than that of males. In Section 353 of the Criminal Code Act, “any person who unlawfully and indecently assaults any male person is guilty of a felony and is liable to imprisonment for three years,” but Section 360 of the same act says that “any person who unlawfully and indecently assaults a woman is guilty of a misdemeanour and is liable to imprisonment for two years.”
And Section 55 of the Penal Code gives room for men to beat their wives as a corrective measure as long as it does not result in “grievous” bodily harm.
Section 18 of the Marriage Act requires the written consent of the father of either party who wants to get married if he or she is below 21 years of age and the mother’s written consent is only permitted when the father is dead or of unsound mind or out of Nigeria.
