GBV, Affirmative Action: Female Gender Rights in Need of Defence
The escalating incidents of Gender Based Violence (GBV) is one that must be addressed frontally by the authorities now, otherwise the body count will continue to rise. Only last week, a video of the wife of the Edo State Governor, Mrs Betsy Obaseki, visiting a victim of domestic violence in hospital made the rounds. The victim was shot in her left arm, which subsequently had to be amputated, by her husband for not preparing his meal on time! On a daily basis, spouses lose their lives, due to domestic violence. Of course, the female gender is predominantly at the receiving end of this avoidable domestic violence, either as wives, girlfriends or domestic servants. Even infants and little girls, have not been spared from sexual gender based violence (SGBV). Meanwhile, the much mouthed ‘Affirmative Action’ appears to be a toothless bulldog, as the number of women occupying elective and Governmental positions continues to dwindle annually, instead of increasing to at least 35%, in line with the National Gender Policy (NGP) which was formulated in 2006, but has never been properly implemented. Will President Bola Tinubu form his cabinet in accordance with the NGP? What is the panacea for ending this discrimination against women and GBV? Professor Joy Ngozi Ezeilo, OON, SAN, Mandy Asagba and Uju Peace Okeke tackle these worrisome issues, which have continued to go unresolved
Towards Ending the Impunity of Sexual Gender Based Violence in Nigeria
Professor Joy Ngozi Ezeilo, OON, SAN
Former United Nations Special Rapporteur on Trafficking in Persons, especially women and children (August 1, 2008 to July 31st 2014).
Founding Director, Women’s Aid Collective (WACOL)/Tamar Sexual Assault and Referral Centre. Chairperson, Sexual Assault Referral Network, Nigeria
Global Facts on Sexual and Gender-Based Violence (SGBV) and Women º revealed that an estimated 736 million women—almost one in three—have been subjected to intimate partner violence, non-partner sexual violence, or both, at least once in their life (30% of women aged 15 and older). This figure does not include sexual harassment. Globally, 6% of women report being subjected to sexual violence from someone other than their husband or partner. However, the true prevalence of non-partner sexual violence is likely to be much higher, considering the particular stigma related to this form of violence. These numbers do not reflect the impact of the Covid-19 pandemic, which has increased risk factors for violence against women (UN Women Report, 2020).
The incidence of gender-based violence (GBV) in Nigeria, especially since the turn of Covid-19, is astronomically alarming, appraising the issue from sexual violence (spousal/intimate partner rape, defilement, rape and forced prostitution because of trafficking); to economic (denial of the female right to inheritance, capacity to explore economic generating activities, access to financial facilities etc.), mental, psychological structural or physical abuse (assault and battery). According to NHDS (2018), 9% of women aged 15 to 49 had suffered sexual assault at least once in their lifetime, and 31% had experienced physical violence.
It has been observed that violence against women disproportionately affects low, and lower-middle-income countries and regions. Adult women account for nearly half (49%) of all human trafficking victims detected globally. Women and girls together account for 72%, with girls representing more than three out of every four child trafficking victims. Most women and girls are trafficked for sexual exploitation (UN Women Report, 2020). Fewer than 40% of the women who experience violence. seek help. In most countries with available data on this issue, most women who seek help look to family and friends, and very few look to formal institutions, such as Police and health services.
SGBV and the Law in Nigeria
Sexual and Gender-Based Violence (SGBV) can be defined as any act or omission committed against a person’s will on any grounds, including sex stereotypes, gender/social norms or unequal power relationships. The United Nations Declaration on Elimination of Violence Against Women (DEVAW, 1993) has categorised them into sexual, physical and psychological violence occurring in public and private spheres, and the definition has since Beijing and ICPD extended to harmful traditional/cultural practices. SGBV includes physical, emotional and psychological abuse, sexual violence, denial of resources and access to services. Examples of these physical, emotional and psychological abuses, sexual violence, denial of resources and access to services come in various thematic heads, including the threat to life, spousal battery, verbal abuse, abduction, rape, sexual assault, defilement, abandonment, forceful ejection, torture, deprivation of livelihood, discrimination, custody and welfare of children, assault occasioning harm among others. See also the VAPP Act and Laws of the States.
The Violence Against Persons [Prohibition] Act 2015 and applicable States equivalent laws state that: “Violence” means any act or attempted act which causes or may cause any person physical, sexual, psychological, verbal, emotional or economic harm whether this occurs in private or public life, in peacetime and conflict situations. The SGBV offences and punishment are provided under the various laws in Nigeria, which include: The 1999 Constitution of the Federal Republic of Nigeria (as amended), Criminal Code Act LFN 2004 / Laws of the various States in the South, Penal Code Law of the Northern States, the Violence Against Persons Prohibition Act (VAPP) (2015) / Law of the States that have enacted, Child’s Right Act 2003 / Law of the States that have passed, Trafficking in Persons (Prohibition) Law Enforcement and Administration Act (2003), the Labour Act LFN 2004. Despite extant laws on SGBV, including regional and international normative frameworks such as the United Nations Convention on Elimination of All Forms of Discrimination Against Women (CEDAW, 1979) and African Charter’s Protocol on the Rights of Women in Africa (Maputo Protocol, 2003), cases of SGBV continue to grow in Nigeria and elsewhere. A cursory look at the number of cases prosecuted and convicted for committing gender-based crimes, proves that all is not well.
Forms and Manifestations of SGBV and Violence against Women in Nigeria
Women in Nigeria suffer from sexual and gender-based violence (SGBV), which is evident from available statistics. On spousal battery, statistics from the Lagos State Bureau of Statistics reveal that spousal abuse has become a scourge, and 50% of women have been battered by their husbands at one time or the other, and unbelievably, more educated women (65%) are in this terrible situation as compared with their low-income counterparts (55%). Cases from the Women’s Aid Collective (WACOL) and Tamar SARC legal clinics/centres, indicate that women face an epidemic of violence in different spheres of life from different actors. The National Survey on Torture in Nigeria, carried out by WACOL, indicates that rape and sexual abuse are amongst the forms of torture experienced by women. The survey puts the rate of women’s rape and sexual abuse at 65.4%. CLEEN Foundation National Crime and Safety Survey 2012, carried out in all 36 States of the Federation, revealed that only 23% of rape incidents in Nigeria were reported to the Police.
On Domestic Violence / Wife Battery, the NSRP/DfiD report shows that approximately 80 million Nigerian women and girls are victims of sexual and gender-based violence in Nigeria. Statistical data from the NDHS, 2013/2017 revealed that domestic violence cuts across all socioeconomic and cultural backgrounds. Nearly three in ten Nigerian women have experienced physical violence since age 15, while 11% experienced any physical violence in the past 12 months. Widowhood practices and disinheritance of women and girls, is prevalent in Nigeria.
The above statistics are buttressed by the number of drop-ins, and the nature of women and girl child rights violation cases the legal unit of WACOL which provides pro bono legal assistance to over 20 women/girls on average daily. From 1998 to date, WACOL has attended cumulatively to over 62,000 women and girls across its offices nationwide. These GBV cases range from denial of inheritance, assault/battery, child abuse/neglect, harassment/intimidation, sexual assault/rape, family maintenance and other forms of violence against women and young people.
In the last five years (2019- 2023), the WACOL legal unit has received 5,000 cases of battered or disinherited women and widows. 95% of the complaints in the last five years comprised of women between 25 and 90 years, with a fraction of 2% of male complaints. 70% of disinheritance cases, comprise women living in rural areas. Unfortunately, access to justice for these women is limited, in a patriarchal society such as ours.
Rape is still rising, with under-aged girls falling the most victims. Actual data on the cases of sexual violence is not known because of the hidden nature of its form, which makes it difficult to document or make it public. However, data from the Rule of Law and Anti-Corruption Programme (RoLAC)/British Council reveals that as of June 2021, a total number of 21,260 Clients accessed Sexual Assaults Referral Centres (SARCs) services, out of the 21,260 cases received in the SARCs, 1524 arrests were made, 253 cases were charged to court, 14 convictions secured. Also, records from the Sex Offender Register show that were 254 convictions registered in the Sex Offenders Registers as of May 2023.
Sexual and gender-based violence (SGBV), which disproportionately affects women and girls, has become a critical issue of global concern, and has been identified as one of the most surreptitious forms of violation of women’s rights. Notwithstanding existing legal frameworks at international and regional levels, SGBV persists and seems to have worsened during the Covid-19 pandemic, leaving victims and survivors in search of justice without effective remedies. Ineffective prosecution and the inability to hold perpetrators accountable, coupled with challenges of administration of criminal justice in Nigeria, exacerbates the problem of SGBV, stigma, discrimination and helplessness of those affected to access needed services. Joy Ezeilo (2020).
Finding a Solution to End the Impunity of SGBV
The general statistics discussed above, reveal a trend of impunity and lack of accountability for gender-based violence crimes. It is time for action, to find a lasting solution to this ugly phenomenon.
Beyond affirmative action and a state of emergency on SGBV declared by the President Buhari-led administration in 2020, including the Governors Forum then led by Governor Kayode Fayemi, we must reform and expand the frontiers of the criminal justice system to immediately accommodate the establishment of specialised courts in Nigeria. This move has precipitated different actions taken by both Federal and State Government, to eliminate SGBV in Nigeria. We must acknowledge the roles played by the Hon. Minister of Women Affairs, Mrs Pauline Tallen and the Governor’s Wives Forum ably led by Erelu Bisi Fayemi.
On the 18th of June, 2020, the Federal Government, through the then Attorney-General of the Federation, Abubakar Malami, SAN, announced the establishment of specialised courts for the speedy and seamless trial of rape/GBV offences in the country.
The critical question is – are we alone in the quest for this specialised court on SGBV? The answer is a resounding no. It has been institutionalised in many countries worldwide, and we have models to study or adopt/adapt based on the particularities of Nigeria’s municipal legal system.
Countries with Special Courts on SGBV: USA (as far back as 1996); Brazil, Guatemala (Office of Special Prosecution for Women Affairs); UK- Units specialising in intra-family violence and sex offences have been set up within the judicial branch, Public Prosecutor’s offices, and the Police.
The trends: United States: There are now over 200 domestic violence courts, in the United States. The Department of Justice’s Office on Violence Against Women (OVW) announced a new Mentor Court Initiative to support nationwide criminal and civil domestic violence courts. “Specialised domestic violence courts play a vital role, in our efforts to end violence against women”, said Bea Hanson, Acting Director of OVW. “Providing courts with the resources they need to safely and quickly intervene in cases of intimate partner violence not only saves lives, but sends a message to offenders that reducing domestic violence is a priority for our justice system”. South Africa: In SA, there are no domestic violence courts, although Magistrates may be able to take measures to address this themselves by dividing cases between themselves, and allocating set dates solely for dealing with domestic violence claims. Applauded as a magisterial innovation, and can be replicated in other places where Judges want sophisticated courts but lack the resources for their formal creation.
Time is Now for Specialised Courts on SGBV
In Nigeria, the idea of special courts for sexual and gender-based violence is still generating controversy among stakeholders, in the field of criminal justice administration in Nigeria. Those who have accepted the idea have gone on to turn it into a policy, and have been implementing it. The Lagos State Government, for instance, has already set up Sexual Offences & Domestic Violence Courts, which have jurisdiction over all sexual offences and gender-based violence covered by its Criminal Code Law, Child Rights Law and Protection Against Domestic Violence Law, respectively. On the other hand, those not favourably disposed to the idea of special courts want to know what is peculiar about sexual and gender-based violence, to warrant the creation of special courts for it. In other words, they question why the regular courts should not be allowed to continue to handle all cases arising from breaches of the provisions of the Criminal Code and the Penal Code, including sexual and other related offences.
Justification for my view that the time is now for the establishment of specialised courts on SGBV includes the following:
(1) High prevalence of SGBV cases, especially rape, and spousal battery, including harmful practices and violations of women’s sexual and reproductive health rights. There is hardly any day, that the media do not report cases of sexual abuse and assaults from different parts of the country. Even at that, for every reported case of sexual abuse, there are at least nine other unreported ones. The abusers cut across every age bracket – young men, old and elderly men, married and unmarried. The victims are also found in every age group – infants, young girls, married and unmarried women. The rising media attention to sexual violence has pressured our criminal justice administration system to rise to the challenge and explore better ways to address the problem of SGBV with the urgency it deserves; hence, a State like Lagos has established or carved out a specialised court for sexual and gender-based violence.
(2) New legislation, particularly VAPPA/VAPP Laws applicable in some 34 States and FCT, have broadened the interpretation of what constitutes sexual offences in Nigeria beyond what the Criminal and Penal Codes contain. The Child Rights Act, for instance, not only deals with sexual crimes against a child in its Sections 31 & 32, but also provides in Section 49 for establishing a family court in each State of the Federation “to hear and determine matters relating to children’’. This means that a Family Court, rather than the conventional courts, should be the forum for proceedings relating to sexual offences against children. With due respect, it should be pointed out that the Family Court does not cover sexual and gender-based violence against women in its jurisdiction. This leaves women victims of sexual violence to the vagaries of the conventional courts, notwithstanding that both the girl–child and the adult woman suffer the same trauma and stigmatisation arising from sexual violence.
(3) Third, the ever-broadening interpretations of the field covered by sexual and gender-based violence and the increasing number of legislation on the subject require some specialisation from our Magistrates, Judges and Prosecutors. The establishment of a Sexual offences Court, becomes imperative in this regard.
(4) Lastly, a special court for sexual offences can accelerate proceedings, and enhance the timely dispensation of justice. For instance, the officials of the Sexual Offences & Domestic Violence Courts in Lagos State were recently interviewed randomly by a Lagos–based civil society organisation, Free Legal Aids Initiative.
The Lagos State Government probably realised this lacuna, and went on to enact the “Protection Against Domestic Violence Law’’, Chapter P10 Laws of Lagos State of Nigeria, 2015. Section 18 of that Law interprets domestic violence very broadly to include: “sexual abuse or exploitation including but not limited to rape, incest and sexual assault’’. Interestingly, the Lagos State Government understood the enormity of the work before the Family Court, in handling all matters covered by the Child Rights Act. The State has therefore, created the “Special Offences Court, Sexual Offences & Domestic Courts” which now specialises in sexual and gender-based violence. Today, Lagos is a shining example, and we are happy that Anambra, Adamawa and FCT have followed suit.
The interviewees were unanimous that proceedings involving sexual offences now take a maximum of two years to conclude for highly contested cases, and less than three months for non-contested ones, provided the witnesses are available and regular in court. This contrasted with the past, where proceedings could take up to ten years to conclude. They also said the rate of convictions has increased by as much as 70%, in years to conclude.
This demonstrates abundantly that having a specialised court to tackle cases of SGBV is the way to go, to improve access to justice for victims and survivors, especially vulnerable women, children, and persons with disabilities.
Some Concluding Thoughts
Specialised Sexual and Gender Based Violence (SGBV) courts are courts of limited and particular jurisdiction, designated to handle SGBV cases. They are made up of trained judicial officers, prosecutors, registrars and Police officers that work with them. Some countries have adopted this approach to enhance access to justice for victims of gender-based violence, including other vulnerable groups, where quick dispensation of justice and diversion from the formal judicial process, will help protect victims and witnesses. The merits of such an approach far outweigh any demerits, which often centres on resources and jurisdictional conflicts.
We commend WACOL and Partners for developing practice directions and guidelines for Protection Orders and Specialised Courts on SGBV; and training judicial personnel on SGBV and best practices for gender justice that are survivor focused, including granting of protection orders at the peak of crisis. Even with the passage of the Violence Against Persons Prohibition (VAPP) Act and subsequent domestication by 34 of the 36 States in Nigeria, there remains an overwhelming implementation setback caused by low awareness of the existence of the law and lack of political will. Hence, WACOL, through various project interventions, has tried to engage with key players on provisions of this law; WACOL successfully trained law enforcement officers on implementing the Violence Against Persons Prohibition Law of Enugu State (VAPP). This training has been replicated, in other States in the country.
These important initiatives were supported primarily by the Rule of Law and Anti- Corruption programme (RoLAC), supported by the EU and managed by the British Council and UNDP under the Spotlight Initiative, the Ford Foundation West Africa, ActionAid Nigeria under the Women, Leadership and Voice project funded by the Global Affairs Canada. The Federal Ministry of Justice (FMOJ) and NAPTIP have also done some exciting work in this area, to expand access to justice and effective remedies for victims and survivors of GBV.
There is a need for every State to adopt specialised courts and practice directions and guidelines for managing the same, including the issuance of Protection Orders under the VAPP Act or VAPP Laws of respective States. The Protection Order goes a long way in curbing spousal battery, and preventing and tackling violence against women and girls.
It has been shown that there is a need for urgent action and reforms in the criminal justice system, to seek better means of addressing the rising wave of sexual and gender-based violence, the broadening scope of the concept of sexual and gender-based violence beyond what is contained in our Criminal and Penal Codes, the emergence of new legislation, the need for some level of specialisation on the part of those in charge of adjudicating and enforcing the new laws on sexual and gender-based violence, as well as the urgent necessity for a fast-track dispensation of justice, combined to give impetus to the establishment of special courts. It has also been shown that there can be challenges in setting up these courts, especially in infrastructural expansion, manpower training and retraining, the corroboration rule principle in the Evidence Act.
In the words of Justice Baires “Women have been blamed in the courtroom for the violence inflicted on them, because they went out at night or their husbands were angry that lunch wasn’t prepared on time”. Experts have also posited that women’s courts with female Judges who have been specially trained in Gender violence and law are likely to be more supportive of victims, which could strengthen prosecution. Documentation of successfully completed SGBV cases, will amount to reduced SGBV incidences and cases.
Undoubtedly, there is a need to create specialised SGBV courts in Nigeria; with the increasing cases of SGBV reported daily, urgent action must be taken to ensure access to justice for all victims and survivors of SGBV in Nigeria. There should be a constitutional amendment, to include SGBV courts. Also, the State Chief Judges, Chief Judge of FCT and Chief Judge of the Federal High Court, can map some of the superior courts as special SGBV courts. Indeed, the Lagos State Specialised Family Court is commendable, and can be emulated by the Federal Government and other State Governments in establishing SGBV specialised courts. To avoid jurisdictional issues that may arise as a result of the creation of these specialised courts, Nigeria can consider the resolution of the Commission in Panama that stated that, in order to maximise the potential of specialised family violence courts and improve access to such courts, a mechanism for a referral from general to specialised family violence courts should be established. Referral should be based on principled criteria, such as concurrent or multiple claims or actions in relation to the same family.
Establishing special SGBV Courts will enable both the State and Non -State Actors in the fight against SGBV, to fashion unique and adaptive Court Rules and practice directions that will suit the peculiar nature of SGBV adjudication. Ensuring that SGBV cases are prosecuted within some fine lines of special rules of evidence, criminal procedure rules and adoption of alternative dispute resolution where suitable, is paramount. There will be a need for an adjudicatory procedure mix to ensure that both the litigation procedures and ADR practice in resolving SGBV cases are akin to the very nature and circumstances of SGBV cases, mostly committed within the family circle and relatives. Such procedures will ensure that relationships are preserved in the process of SGBV adjudication, and that the law is fashioned to serve its end of being an instrument of social engineering and not destruction. Furthermore, there is a need to avoid jurisdictional overlap and conflicts, through a well-thought-out legal framework to establish a special SGBV court that will meet the required objective.
Affirmative action to close gender gaps, will result in a significant reduction of cases of SGBV, if gender disparity is addressed and more women are elected into parliament and also appointed to decision-making positions.
Activation of collaborative mechanisms brings to light the urgent demand for the passage of rejected five gender Bills by the 9th National Assembly, including the passage of the Gender and Equal Opportunities Bill (GEOB) by the newly inaugurated members of the 10th Assembly, will advance gender equality and promote the empowerment of all women and girls in Nigeria.
These Bills are Bill No. 35: Special Seats for Women; Bill No. 36: Expansion of the Scope of Citizenship by Registration; Bill No 37: Affirmative Action for Women in Political Party Administration; Bill No 38: Indigeneship Rights; and Bill No. 68 (formerly Bill No. 45): Affirmative Action in Ministerial and Commissioner appointments.
I must state that three of the five Bills border on affirmative action, which, if passed into law, will positively improve the status of women in Nigeria and cause a dynamic shift in the advancement of women’s rights. Nigerian women cannot enjoy their freedom and fundamental human rights, when their rights are not adequately protected and respected in law and practice. It bestows on stakeholders, including the media, to use their platforms and networks to call for an end to Sexual and Gender-Based Violence/Violence against Women and Girls and support meaningful investment towards the attainment of gender equity and equality in accordance with Agenda- 2030 on Sustainable Development Goals. It is in our hands as Nigerians, to end this impunity and epidemic of sexual and gender-based violence. The Government is obligated to protect, respect and fulfil women’s human rights, including the right to live free from violence.
Professor Joy Ezeilo, OON, SAN, Law Teacher, the University of Nigeria, Enugu; Founder of Women’s Aid Collect
Issues in GBV and Why Affirmative Action Isn’t Working Properly
Mandy Asagba
Short Story On GBV
Ada (not real name), was just a thirteen year old skinny girl, living with her parents in a lowly suburb in Lagos. She came back home from school one Friday afternoon, with her nine year old sister. Mum and Dad were at work. There was this heavily built man with a pot belly, who was a co-tenant in the face-to-face apartment where they lived. He asked Ada to get him a loaf of bread, somewhere down the street. Ada complied. She had always run errands for him. He actually preferred to send Ada on errands, than he would any other child in the neighbourhood. That day, the little, skinny and cheerful Ada was defiled by this man who was even older than her Dad, and threatened to kill her if she told anybody what he did. Ada was too afraid to tell what happened, but the mother found out just the next day. The story went viral on the street. The stench from the man, the pain and the fright remained with Ada for almost two decades. One thing Ada could not forget were the words of her mother: “It was your fault. I told you to always stay indoors after school hours.” Those words were strong enough to bring down the walls of comfort, confidence and esteem little Ada had built with her parents. It was like a pandora box was opened in her life. Ada battled poor self esteem, lesbianism, and then bi-sexualism, confusion and drug addiction for almost twelve years. She is an example of double victimisation. She was raped, violated and blamed for it, even by the very person who should most certainly have stood up for her. To make matters worse, there was no justice for Ada.
GBV, A Hate Crime
Gender-based violence (GBV) is a hate crime or violation committed against women or girls, just for the mere fact of their gender. It is founded on the socio-cultural belief that the female gender is weaker, and suitable only as a sex toy to satisfy the sexual pleasure of the male gender with or without their consent.
The Menace of GBV
We are living in extraordinary times, and fighting the worst terror ever unleashed on mankind. We are confronted with a monster that has laid siege on the female gender, as they are ambushed on all sides with little or no room for escape. This monster defies race, status, religion, class, ethnicity, power, politics and authority. It’s destructive and scary. We must fight it with everything humanly possible, to prevent and eliminate it before it consumes.
Decades of Advocacy Results
Over the years, there has been a series of advocacy, sensitisation and awareness campaigns to eliminate GBV, which to a large extent has yielded great results in terms of legal structure with several Conventions, Treaties and Protocols to which Nigeria is a signatory, coupled with the Affirmative Action in 2006. Despite the domestication of these Conventions, it took decades as women did not relent in this fight against gender discrimination.
We had the Convention on the Elimination of Discrimination Against Women (CEDAW) 1979, The United Nations Convention on the Rights of the Child (UNCRC) 1989, a legally-binding international agreement setting out the civil, political, economic, social and cultural rights of every child, regardless of their race, religion or abilities.
The Maputo Protocol (Protocol to the African Charter on Human And Peoples’ Rights on the Rights of Women in Africa)
The Protocol guarantees extensive rights to African women and girls, and includes progressive provisions on: Harmful traditional practices, e.g. child marriage and female genital mutilation (FGM), reproductive health rights, human dignity of the woman and roles in political processes.
The African Charter on the Rights and Welfare of the Child (also called the ACRWC or Children’s Charter) 1990 (in 2001, the AU legally became the African Union) and came into force in 1999.
These were also buttressed with policies in recognition of the Rights of Women towards achieving equality by the the Affirmative Action (AA) with National Gender Policy (NGP) which formulated a 35% Affirmative Action in Nigeria since 2006, which demands that 35% of women be involved in all governance processes. The NGP is recognised but is not practised, as the structures and processes to use are not in place, nor are the leaders responsible enough to implement policies made by them in giving women 35% Inclusion in appointments and Political participation. The 1999 Constitution of the Federal Republic of Nigeria, the Violence Against Persons (Prohibition) Act 2015 and Laws, the Child’s Right Act 2003, the Child’s Right Law of Lagos State 2007 and other State Child’s Right Laws and VAPP Laws etc .
Light at the End of the Tunnel
In examining this worrisome trend, it will be interesting to note that in April 2022, a landmark judgement by the Federal High Court reignited the hopes of Nigerian women on the victory affirming 35% affirmative action by the Federal High Court on the application of the Nigerian Women Trust Fund and eight co-Plaintiffs.
The judgement upheld and mandated the implementation of the provisions of the National Gender Policy (2006), on 35% affirmative action in appointive positions. I am optimistic that this new dispensation will be wise enough to implement the 35% Affirmative Action, in obedience to this court judgement.
However, we must not gloss over the Appeal by the Federal Ministry of Justice, in contradiction to former President Buhari’s acceptance of the judgement. To my mind, buttressed with the various pronouncements of the Supreme Court on gender equality, I see this appeal as an exercise in futility.
The trial court also upheld the equality of the sexes and the constitutional mandate to recognise gender in all appointive positions, thus, effectively according Nigerian women 35% affirmative action as a matter of right, in line with democratic principles.
In 2023, in Aina v Aina, the High Court of Lagos State declared the right of a spouse to equal share of the proceeds of sale of the family property
The inability of the successive Nigerian governments to domesticate the affirmative action for women representation in the 1999 Constitution of the Federal Republic of Nigeria, among other things, has been responsible for low women representation in the decision making processes to date. The 10th Assembly with just 17 women, puts women’s representation at 3.62%, the lowest so far, as the 9th Assembly had 19 women. This is not good at all. It’s time for women to be more intentional and deliberate, in getting political offices. The time to start planning is now, not one year to the next election. If there are no females rooted in political parties, there will be no magic wand to get to power. I urge women to take up the task and give it all it takes – my slogan #NoExcusesForFailure.
Political careers are built from childhood. Allow our girls to be street smart, don’t cage them and expect magic political muscle. Mothers, the time to act is now. You’ll agree with me that a greater percentage of child defilement survivors were defiled by a family member, so caging the girl child actually makes them timid and vulnerable.
I therefore, suggest that the 10th National Assembly ensure domestication of the Affirmative Action by amending the Constitution to include same, to make it binding on all authorities and persons. This way, women will begin to take their rightful place in the scheme of things and their marginalisation shall become history.
Non-Implementation of Gender Laws
We have had several political dispensations with high hopes due to the political actors’ campaign promises, but the minute they’re sworn in, it’s a different story. The best so far, was the Jonathan administration with near 20% affirmative Action; thereafter, the percentage has reduced to 11% and now nose dived to less than 5%.
Non-Passing of the Gender Bills by the National Assembly
Hopelessly, the failure of the 8th and 9th Assemblies to pass the five Gender Bills proposed for the Constitution amendment has drained women of hope.
Despite the promises from both Chambers, to pass these laudable Bills, they failed and left women even more disillusioned and in a state of distrust. The chauvinism, the arrogance and the utter disrespect, insincerity and continued violation of the right to human dignity of women by some of the Law Makers, were most humiliating and degrading. The show of shame during the debates in the Chambers, was the height of it. The reason for rejecting the Bills on the basis of religion and culture in the 21st century is most unfortunate, forgetting that any custom and/or religion that is repugnant to natural justice, equity and good conscience, should be condemned and abolished.
Mr Yusuf Yusuf and Aliyu Wamakko opposed the Bills thus:
“From an Islamic perspective which is a socio-cultural practice of Muslims…this aspect of it…..by equating opportunities for women and men actually infringes with the provisions of the Quran and also the Bible … I will not support the passage of this unless the word “equal” is removed”.
“… if you have it as “Gender Opportunities Bill “, fine. But, when you bring equality into it, it infringes into the practice of the Islamic religion.
Some other Lawmakers in rejecting the Bill argued that the Nigerian Constitution was clear on the rights of citizens, including women. To a large extent, they were correct in this view, as the 1999 Constitution in Section 42 spells out the right of non-discrimination on the basis of gender; however, the State actors have over the years, failed to implement the provisions of the Constitution they swore to uphold.
Consequently, Senator Biodun Olujimi (PDP Ekiti South, the sponsor of the Bill changed the title of the Bill to “Gender Opportunities Bill” to accommodate the concerns raised by the duo. This is most unfortunate.
Fortunately, in recent times, the Supreme Court had made powerful pronouncements condemning the act of violating the rights of women to non-discrimination. See the case of Ukeje v Ukeje (2014) 11 NWLR Pt. 1418 Pg. 384, a celebrated case where the Supreme Court pronounced the right of females to partake in the sharing of their deceased father’s estate. In Mojekwu v Mojekwu (1997) 7 NWLR 283 Pg. 1, where Caroline Mojekwu in claiming that she was entitled to partake of her deceased father’s property, applied for the enforcement of her right to non-discrimination and equality. The Supreme Court in Mojekwu v Iwuchukwu (2004) 11 NWLR Pt. 883 was an appeal against the judgement of the Court of Appeal in the former case of Mojekwu v Mojekwu (Supra). The SC upon being called upon to review the judgement of the Court of Appeal and the High Court which gave judgement for the Defendant /Respondent on whether the “Oli – ekpe” custom of the Nnewi people is repugnant to natural justice, equity and good conscience as pronounced by the Court of Appeal. The Court affirmed the CA’s decision affirming the Applicant’s right to non-discrimination and equality.
The court in Mojekwu & Ors v Ejikeme & Ors (2000) 5 NWLR Pt. 402, pronounced that;
“All men are created equal, and should be given equal rights in the society “.
Joint Ownership of Matrimonial Property
On Joint ownership of property, it is elementary knowledge, that the presumption of joint ownership of property exists between husband and wife while the marriage subsists, and that the party that survives the other, inherits such property, and has power to administer it, the way he/she wants, this principle applies especially in statutory law marriages (or monogamous marriage). See the case of Okere v Akaluka (2014) LPELR – 24287 (CA), where my Lord, Agube JCA said:
“However, as far as joint ownership of matrimonial property is concerned, there is a fifth unity which does not share the same characteristics with the other four unities. This is the “Unity of Marriage” which perceives of the indestructibility or non-severability of the rights of survivorship. As said earlier, the unity of marriage, particularly in the case at hand where the parties were legally and sacramentally married, embodies the legal fiction that husband and wife are one and therefore, neither the husband nor wife can by his or her sole act defeat the survivorship interest of the other spouse”.
However, how many women suffering injustice have access to justice? Thus, the need for Government to be intentional about creating structures to help the vulnerable have access justice. We propose a one stop shop for women, to access all the support needed as obtains in civilised climes
Attaining Gender Parity in 2030
Sdgs Goal 5
The debates on the floor of the Chambers revealed the fact that expecting parity in 2030 is a mirage and/or a miracle, if women expect the men to give them power without going the extra mile through active citizens engagement and action, that will lead to garnering support for the passage of the Gender Bills in the 10th Assembly.
A key strategic approach for engagement is public awareness via media, followed by judicial activism in testing the laws. More and more advocacy on access to justice, implementation and enforcement within a reasonable time (12 – 18 months). It also revealed that women need to look elsewhere, also to achieve parity. Power is not given on a platter of gold, since it is not served à la carte (without struggle), it requires focus, serious hard work, total commitment and dedication to get.
Smuggled Gender Discrimination Provisions and Proposed Amendments
See Section 26 (2) (a) of the Constitution on automatic spousal citizenship of a woman married to a Nigerian man, but not for a man married to a Nigerian woman. This is one of the smuggled gender discrimination provisions into the Constitution. This is the height of discrimination against women and must be amended to include any woman or man who has been married to a citizen of Nigeria
See Section 29 (4) (b) of the Constitution that any woman who is married, shall be deemed to be of full age. This was surely smuggled in to ratify child marriage. So, a 13 years old married girl can be deemed to be of full age, to satisfy the paedophiles.
These two above provisions need urgent amendment.
I have told my fellow women at different fora, that this is a battle that must be fought and given all it takes to win. Unfortunately, some of our women are also cut up in the stereotype – “we are not struggling for equality, just be a little fair to women”. Equality first, then equity for balancing.
Equality/Equity
Equality means each individual or group of people, is given the same resources or opportunities. Equity recognises that each person has different circumstances, and allocates the exact resources and opportunities needed to reach an equal outcome.
The drafters of the Constitution, the supreme law of the land, could not have envisaged equity to replace equality that is fully enshrined. Even though some contrary provisions to equality were smuggled in by the chauvinists.
Sensitisation
Recent statistics reveal a 49% women population. Realising this, the men are quick to use divide and rule to keep women away from using this power. It is my considered view that, rather than wait for the men to give us parity, we should take our destinies in our own hands and sensitise our women to the realisation of this fact. Once this is achieved, parity will be a done deal. Women have done this in Liberia, Rwanda, and the result is crystal clear.
Pulling Resources Together
The aso ebi and gold expenses put together, can help fund women for political offices. WOMAN, it is time to pull resources together – Fund your Associations, fund your women participants, and you’ll be amazed at the results. If we do not have at least 35% women representation in both Chambers, who then do we expect to vote in favour of the gender bills?
Wake up woman!
In the last NBA national election, the women realised this and in every position women vied for, they had a clear win. However, it is worrisome to note that the Nigerian Bar Association is yet to produce a Female President since 1992 when a female, Dame Priscilla Olabori Kuye emerged for a one year tenure from 1st Vice President to President, when the NBA President stepped down to become AGF. The game of divide and rule is on again, but our women are wiser and will not fall victims.
The Battle Continues: No Retreat, No Surrender
I reiterate that this is a battle that must be fought and won, the good news is that the NBA has the following structures to assist the vulnerable and marginalised namely:
1. The Public Interest Litigation Committee 2. The Rule of Law and Human Rights Committee 3. The NBA Human Rights Institute.
Other NGOs rendering free legal services are the African Women Lawyers Association (AWLA), International Federation of Women Lawyers (FIDA), Women Advocate, Research and Documentation Centre (WARDC), Women Empowerment and Legal Aid (WELA), WOMEN ARISE and other Civil Society Organisations.
Mandy Asagba, President, African Women’s Lawyers Association; 3rd Vice President, Nigerian Bar Association
Gender Based Violence in Nigeria: Are the Laws Working?
Uju Peace Okeke
Humans are relational beings and sometimes. in these relationships, whether formal or informal, violence occurs. According to the World Health Organisation (WHO), it sends over a million people to untimely graves, and leaves many more injured, annually. Of the many forms of violence, violence against women, manifesting mainly as domestic violence, is the most insidious, happening in seemingly small places. but with grave effects on women. It is suffered by 1 in 3 of women. As if reacting to Ban Ki-moon’s statement that ‘there is one universal truth, applicable to all countries, cultures and communities: violence against women is never acceptable, never excusable, never tolerable’, the international community exhibited its condemnation of the act by adopting treaties on it. In fact, its eradication forms part of global goals encapsulated in the Sustainable Development Goals (SDGs).
Features of Violence Against Persons Prohibition Act (VAPPA)
Nigeria did not only ratify these treaties and signed unto the global goals, but in 2015, joined the Committee of Upwardly Mobile Nations in enacting a specific local law criminalising it, known as Violence Against Persons Prohibition Act 2015 (VAPPA). This Act has been localised in many States under varying names, particularly in the South of Nigeria. The groundbreaking Act recognises different forms of violence – Physical, Sexual, Emotional, Economic, Domestic, Political and Cultural (Harmful traditional practices) thereby, outlawing acts which were hitherto considered a family affair. It permits no exception, meaning that violence is a No No in all circumstances. Beyond the forms, it has other peculiar features like enlarging the meaning of victims to include the sufferers of harm, their immediate family or dependents, or anyone who suffers harm in helping direct victims. This took into consideration the economic aspect of domestic violence, as the victim could lose work time which will affect her dependents.
It allows third party complaints, meaning that another person other than the victim of domestic violence can institute an action on his/her behalf. The third party could be any person, group of persons or institution, including Police officer, protection officer, accredited service provider, counsellor, health service provider, social worker or teacher. This ensures the breaking of the culture of silence on this unrighteous act, especially as victims may be too fearful to approach the court. The remedies include protection order enforceable anywhere in Nigeria for the victim, as well as adequate compensation. It makes room for criminal prosecution of the perpetrator, where the act complained of consists of an offence under law. In addition to the human rights guaranteed Nigerians in Chapter IV of the Constitution, it offers special rights including access to comprehensive medical, psychological, social and legal assistance, transportation to a safe shelter, rehabilitation and reintegration programs through vocational skills, formal education and access to micro credits.
Instances of Violence against Women and Domestic Violence
Unfortunately some eight years down the line, domestic violence does not seem to have abated, as Nigerians wake up daily to such horrific news from the cases of prominent women like Osinachi the gospel artiste, allegedly killed by her husband, to Bolanle Raheem, the Lawyer killed by a Policeman, to Victoria Chintex, the Labour Party women leader assassinated in Kaduna, to those whose cases are neither reported nor attract a huge outcry when reported because they were not influential.
This year alone, cases of violence against women abound, for instance the PM news reported of a man who beat his wife to death over bread in Enugu, while four men allegedly conspired and crushed three women in Oyo State. These happened in January 2023. In February 2023, a lady was allegedly killed by Nigeria Police in Anambra State, because her boyfriend was a member of Indigenous People of Biafra (IPOB). Naija News reported the case of Whitney Adeniran, the 12 year old who died in Chrisland School, Lagos, and a husband in Anambra State, who strangled his pregnant wife for not opening gate on time; women and children were reportedly killed in Zango Kataf, Kaduna. These sad events occurred in March 2023. Metro reported of a man in Adamawa, State who killed his wife because of her decision to leave him, while Naija News reported of a teenager who stabbed his mother to death and an angry woman who stabbed pregnant co-wife to death in Lagos. All happened in May 2023.
In the just concluded election, a lot of women suffered violent election-related attacks and death. Efidi Bina Jennifer’s video went viral, for successfully exercising her voting rights despite being stabbed by political miscreants in Surulere, Lagos.
For all these deaths, cases involving thousands of injured women went unreported, for instance the very recent case of a man in Edo State who shot his wife for preparing his meal late. The gunshot led to the amputation of the affected arm.
Human Rights
When women die from violence, their right to life, a constitutionally guaranteed right, is violated. The death is not under the exceptions allowed in Section 33 of the Constitution, the foundation of Nigerian laws. All women who have suffered or are suffering from any form of violence, have their right to dignity violated. which in everyday parlance, means right to be treated like a human being. For the injured, the act is demeaning, while for the dead, the indignity manifests in the non-protection from untimely death and inaction at punishing their killers. Being a human rights issue, its eradication for all women, and indeed, men who are also victims of such abuse, has become a Government obligation, not a privilege to be enjoyed by a few.
Effectiveness of the Law
In view of constant news of violence against women, many are querying the effectiveness of VAPPA and the various State VAPPL. While some are insisting that violence against women has increased because VAPPA/VAPPL are ineffective, others opine that violence has not increased, but the reportage has increased due to the influence of law. Whatever be the case, the immediate past Minister of Women Affairs and Social Development, Pauline Tallen revealed that out of 5, 100 cases of Gender Based Violence (GBV) in 2022, only 16 of such cases were convicted, nationwide. The figure is appalling and seems to suggest that the almighty VAPPA/ VAPPL are performing below expectations, despite their trailblazing features. Though the conclusion would have been the same even if all but one perpetrator was convicted because, as Joe Biden, the President of USA noted that violence against women will change when it is no longer societally accepted, and everyone understands that even one case is too many.
Going Forward
While there could be many reasons for the underperformance as all stakeholders have a part to play, the bulk of the blame rests on the Government for many reasons. First, it participates in flouting the law through the acts of State actors, thereby losing the moral justification to insist on its implementation. It should lead the way, demonstrating its commitment by prosecuting all perpetrators of violence against women, whether they are State actors or private individuals. Nigerians would like to see all election violence perpetrators, despite their political party affiliation, prosecuted, because violence can only stop when culprits are punished. In declaring a state of emergency on violence against women, filing fees in court should be removed to make it easier for victims to access courts. This is because some victims who are indigent will never lodge complaints, if they know that such will have financial implication. Further, the Government should finance the implementation of the law, for instance the building of safe shelters and availability of holistic assistance and reintegration programmes as contained in the law. In the absence of these, the law will only offer protection from the bookshelf, reducing it to a barking bulldog that cannot bite.
It is hereby submitted that, while violence against women involves the violations of the acts listed in the VAPPA/VAPPL, it does not end there. This is because, when the violation is enabled through Government inaction by failing to perform the role it voluntarily assigned to itself, it is a greater violence.
Uju Peace Okeke, Centre for Mmadu (on Human Rights)
