Thesis Abstract

Abstract
This research project explores the evolution of women's rights in the constitutions of Nigeria from 1960 to 2007. Nigeria gained independence in 1960, and since then, the country has undergone various constitutional developments. This study aims to analyze the provisions related to women's rights in the Nigerian constitutions during this period and examine the changes and progress made in ensuring gender equality and women's empowerment. The research utilizes a qualitative research method, focusing on document analysis of the Nigerian constitutions from 1960 to 2007. The analysis involves identifying specific provisions that address women's rights, such as rights to education, employment, political participation, and protection from discrimination. The study also examines the legal frameworks established to promote and protect women's rights in Nigeria. The findings reveal a progressive trajectory in the recognition and protection of women's rights in the Nigerian constitutions over the years. The 1960 Independence Constitution set the foundation for gender equality by guaranteeing certain rights to women, albeit with limitations. Subsequent constitutions, particularly the 1999 Constitution, introduced more comprehensive provisions aimed at promoting women's rights and addressing gender disparities. Despite the improvements in constitutional provisions, challenges remain in the effective implementation and enforcement of women's rights in Nigeria. Cultural norms, traditional practices, and socio-economic factors continue to hinder the full realization of gender equality in the country. Furthermore, the research identifies gaps and inconsistencies in the legal framework related to women's rights, highlighting the need for legal reforms and policy initiatives to address these issues. Overall, this research contributes to the existing literature on women's rights in Nigeria by providing a comprehensive analysis of the constitutional developments from 1960 to 2007. By examining the evolution of women's rights provisions in the Nigerian constitutions, this study offers insights into the progress made and the challenges that still persist in advancing gender equality and women's empowerment in the country. The findings underscore the importance of continued efforts to strengthen legal protections and promote gender-sensitive policies to ensure the full realization of women's rights in Nigeria.

Thesis Overview

INTRODUCTION

1.1         BACKGROUND TO THE STUDY

This study is written in view of the growth of the waves of feminism, which pay special attention to women’s rights within the society that is more or less gender insensitive. It is following the regard of women as human legal entities who or which are endowed by nature or by law with the capacity to enter into legal relations such as contracts of employment, commercial contracts and marriage contracts without detraction from social constraints. Thus this study is concerned with the sum total of rights and duties concerned with the women as provided in the constitution by reason of their legal affiliation to the state-Nigeria.

Rights, as used in this regard, are privileges or prerogatives that are conferred on a person or a group by law. In other words, they are lawful claims, which the state defined and is ready to protect.1Rights (both political and civil rights) according to Olakanmi Olajide, are fundamental freedom which all men and women, are entitled, without discrimination. These, he further noted, are based on the laid down philosophy of the international law which reads: “all human beings are born free and equal in dignity and rights”.2

Rights are entitlements that are essential for human existence. Umozurike, Oji U. observes that these rights are third generation rights. The first generation rights, which were first to be recognized are: the right to life, liberty, dignity, etc; the second generation rights are: the right to education, health, work, etc; and other third generation rights include the right of self-determination, to develop, to natural wealth and resources, etc.3 However it must be pointed that in spite of the declarations for these rights, there are still agitations for freedom and rights which are evident in the different waves for the rights of women, thus showing that these rights are not being enjoyed by the people they are meant for.

Chukwudifu A. Oputa says that every human being (i.e. both male and female) is a valuable creature on which justice is built. The Bible commands us to love one another, but justice asks that if we cannot love, at least we do not injure. For anything that constitutes an injury is thus against the law, after all the law cannot compel us to love. However, he maintains, it is pertinent to

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note that the violation of rights, especially of women is the fault of the countrymen who have failed to cultivate law culture or acquire the virtue of reverence of law.4 Olisa Agbakoba submits that when injustice, discrimination and degradation of human value tend to thrive, human right groups such as women liberation movement or wave of feminism is very imminent.5

There is no doubt that women have played dynamic and constructive roles and thus contributed tremendously to societal development, but those roles as well as their status are yet to break the chauvinistic and patriarchal dominance. They are socialized to accept inferior position to their male counterpart.

Afikpo, the second metropolitan town in Ebonyi State, has the population of 61956 out of which women are 29864.6 Here the women represent about 48.9% of the population and also command numerical strength. But the age-long inferior status or perception of women that emanated from cultural and religions beliefs have continued to affect them (women). Some of these beliefs have been practiced for so long that they are embedded in the societal norms, and such that the laws of the land or constitutions and international instruments, which protect the rights of women, are flagrantly infringed in the guise of cultural and religions beliefs. Jivka Marinova notes that: