Between Parchment and Practice: A Critical Assessment of Constitutionally Guaranteed Rights for Women in Nigeria

Authors

  • Andrew Ikhayere Imiefoh Author
  • Emmanuel O. Udaya Author

Keywords:

Feminist Jurisprudence, Discrimination, Patriarchy, CEDAW, gender equality, Women's Rights

Abstract

The global struggle for women's equality is a narrative woven through centuries of advocacy, resistance, and incremental legal change. In Nigeria, this struggle is framed by a complex tapestry of constitutional promises, entrenched patriarchal norms, and a persistent chasm between law and lived reality. This paper presents a comprehensive assessment of the constitutional and legal rights guaranteed to women in Nigeria, interrogating why, despite a proliferation of progressive laws and international commitments, the status of women remains markedly unequal. Through a doctrinal and teleological research methodology, the analysis moves beyond a mere cataloguing of statutes to explore the dynamic interplay between law and society. It argues that the enduring subordination of women is not solely a legal failure but a socio-cultural phenomenon, where customs, societal expectations, and ingrained patriarchal attitudes effectively neutralize legislative advancements. The paper systematically examines historical contexts, from ancient civilizations to pre-colonial Nigeria, before dissecting the contemporary legal framework, including the 1999 Constitution, the African Charter, and the 
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). It critically highlights areas of persistent statutory discrimination in revenue, labour, residency, and criminal laws. Ultimately, the paper concludes that achieving substantive equality requires a transformative approach that synergizes rigorous legal enforcement, strategic litigation, comprehensive civic education, and sustained cultural advocacy to dismantle the extra-legal bulwarks that perpetuate gender injustice.

Author Biographies

  • Andrew Ikhayere Imiefoh

    Andrew Ikhayere Imiefoh PhD, LLM, BL, LLB, MCArb. Email: Andrew.Imiefoh@uniben.edu; 
    andyimiefoh206@gmail.com University of Benin, Benin City, +2348188899353. 

  • Emmanuel O. Udaya

    Ph.D., LL.M., LL.B., B.L., MBA, M.Sc., PGD, HND, CAN, ACArb, CPA, Accredited Neautral in Enugu State 
    Multi-door Courthouse, Senior Lecturer, Faculty of Law, Spiritan University, Nneochi, Imo State, Nigeria. 

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Published

2026-04-17

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