rights of women in the pre colonial and post colonial era

21
RIGHTS OF WOMEN IN THE PRE-COLONIAL AND POST COLONIAL ERA PROSPECTS AND CHALLENGES ABDULRAHEEM NIMAH MODUPE (MRS) I. INTRODUCTION The problems of oppression, exploitation, discrimination and subjugation of women are neither new phenomena nor peculiar to Nigeria alone but the word at large. Millions of women across the globe live under the condition of abject deprivation and attack against their natural and fundamental human rights. It appears that majority of womenfolk suffer discrimination, exploitation or oppression because they are women and, therefore, regarded as members of a "subordinate" class. In the recent past, women's right has been a great concern all over the world (Nigeria inclusive). This therefore, calls for the need to examine the historical background of women's rights in Nigeria with view to determining their status and rights available to them before Independence. Consequently, this article examines the historical background of women's rights in Nigeria from the pre- Colonia period to the present time with a view to determining the rights available to woman before Independence and the promulgation of successive Constitutions and afterwards. To achieve this aim, the article intends to examine the rights of women in the pre- colonial, colonial and post colonial periods. It also aims at tracing the root of the problems of women's rights in Nigeria with a view to tracking them down and proffers constructive suggestions that will promote the rights of women in Nigeria. II. DEFINITION OF TERMS A "woman" is defined as the "feminine component of the human species who, apart from serving as a vehicle for nurturing human life. is also a producer, a consumer and

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Page 1: Rights of Women in the Pre Colonial and Post Colonial Era

RIGHTS OF WOMEN IN THE PRE-COLONIAL AND POST

COLONIAL ERA PROSPECTS AND CHALLENGES

ABDULRAHEEM NIMAH MODUPE (MRS)

I. INTRODUCTION

The problems of oppression, exploitation, discrimination and subjugation of women

are neither new phenomena nor peculiar to Nigeria alone but the word at large.

Millions of women across the globe live under the condition of abject deprivation

and attack against their natural and fundamental human rights. It appears that

majority of womenfolk suffer discrimination, exploitation or oppression because they

are women and, therefore, regarded as members of a "subordinate" class. In the

recent past, women's right has been a great concern all over the world (Nigeria

inclusive). This therefore, calls for the need to examine the historical background of

women's rights in Nigeria with view to determining their status and rights available to

them before Independence. Consequently, this article examines the historical

background of women's rights in Nigeria from the pre- Colonia period to the present

time with a view to determining the rights available to woman before

Independence and the promulgation of successive Constitutions and afterwards. To

achieve this aim, the article intends to examine the rights of women in the pre-

colonial, colonial and post colonial periods. It also aims at tracing the root of the

problems of women's rights in Nigeria with a view to tracking them down and

proffers constructive suggestions that will promote the rights of women in Nigeria.

II. DEFINITION OF TERMS

A "woman" is defined as the "feminine component of the human species who, apart

from serving as a vehicle for nurturing human life. is also a producer, a consumer and

Page 2: Rights of Women in the Pre Colonial and Post Colonial Era

an equally endowed agent for fostering a wholesome political, social and economic

development in society."1 The Concise oxford Dictionary defines 'Woman’ to mean

an adult human female, the female sex or any average woman2. Also a woman

has been defined as an adult female person or a female person of any age.3

The Word 'right' according to Osita Nnamani is “a singular from rights under

English law derived from the Latin word 'rectus' that means that to which a person

has a total and valid claim, whether it be land, a thing, or other privilege of doing

something or saying something."4 Some scholars view rights as special entitlement

of a person5. Right may also be distinguished in the sense of what is right or right

in the sense of having a right, having a right places one in a protected position. To

violate someone's right is not merely to fail to do what is right but also to commit

a special and Important personal offence against the owner of the right (i.e. to

give him his due or what he is entitled to). To violate this right, therefore, goes

beyond falling short of some high moral standard.

In traditional African societies, the concept of right is different in its orientation,

which is opposite to the western orientation. This is because, in traditional

African societies, the concept of right emphasizes community rights over

individual right and freedom.6 consequently, “woman’s right” can be defined as

the (human) rights of woman which emphasize the universality and indivisibility

of all human rights and their full application to women as human being7.

Women’s right is an integral part of human rights, based on the assumption that

all human beings are equal and that the rights regarded as natural to one person

are also natural to other person irrespective of class, sex or other qualifications.

Based on this assumption, it can be rightly concluded that rights of women are of

universal application, everlasting and unchangeable8 in the same manner, as

Page 3: Rights of Women in the Pre Colonial and Post Colonial Era

human rights. Human rights, therefore, have a corollary duty imposed on the

society to ensure their protection.9

HISTORICAL BACKGROUND OF WOMEN’S RIGHT IN NIGERIA

A. Rights of Women in Pre - Colonial Nigeria

The position of women in pre - colonial Nigeria was a reflection of their

subordinate status. This is not peculiar to Nigeria alone but Africa and the world

at large. In pre-colonial Nigeria, the world was exclusively for men because most

of the existing cultures gave premiums to males.10

Women's main purpose in the

society was to be mothers of men’s children. For example, under the customary

law, women generally were regarded as "beasts of burden”’ “hewers of wood”,

“carriers of water” and “baby making machines”. It was their child bearing that

won for them the closest attachment of their husbands. On the other hand, the

childless wives were generally in a sorry state and were usually the object of

scorn on the part of their husbands and their other wives12.

This was so

especially, in the rural part of the country where the role of women was mainly being

wives and producers of agricultural and other household goods.13

The foregoing does not mean that women do not have any right in the pre - colonial

Nigeria. They have some personal rights, which include the rights to own personal

property, such as farm, but not the right to own land which they farm on. They also

possessed the right to cultivate the husband’s plots, and the absolute right to buy and

sell in the market. Despite these rights, however, a woman yet regarded herself as

absolutely dependent and subordinate to her husband, who was regarded as the

head of the family. She performed her market activities with the permission of her

husband. Whatever profit realized after the market activities she often share

same husband and children14.

Having regard to the foregoing, it would be of

Page 4: Rights of Women in the Pre Colonial and Post Colonial Era

immense important to consider some of the rights available to women in pre-colonial

Nigeria.

b. Right to marry

In the area of marriage, a woman was seen to belong to her father before

marriage, but when it was the time for her to get married, the prospective groom

was expected to ask for her in marriage from her parents. It is only after the father

or the guardian had agreed that marriage could become contractual. Marriage is a

means of protecting and respecting a woman in the society. Although, the elders

normally state that the aim of marriage is for procreation and for provision of

financial security to the woman15

. The husband is expected to look after the entire

family and support the wife throughout her life. Wives are, on the other hand,

customarily bound to do all the household chores. 16

Most marriage in the pre-colonial

Nigeria are contracted in accordance with the native law and custom, 17

marriage in

pre - colonial Nigeria was more or less compulsory as the culture frowned against

those who remain single. In traditional African culture, the issue of single parent is

not acceptable unlike what obtains hitherto in the West. It is customary that a

woman must get married to a man partly for procreation and partly for her

security. The only thin: get a woman not to marry is her bad manner. In the Igbo

community, there is a popular saying "good manner is beauty" Thus, for a woman

to raise her morals, she must have a husband”. During this period marriage at a

young age was common and mandatory, but this has drastically reduced because

many girls nowadays are found in schools with their male counterparts.

Generally, in the traditional African society, marriage is polygamous in nature and

those who have more than one wife are classified as wealthy people in the society.20

because men are customarily allowed to marry as many wives as possible, there were

Page 5: Rights of Women in the Pre Colonial and Post Colonial Era

no limit to the number of women a man can marry, this often depend on his affluence.

Whereas, the pre - colonial women do not have to complain about this.

c. Right to Divorce

Under customary law .woman has no legal right to seek for divorce21

whereas, man

had unfettered and unlimited power for one reason or the other to divorce his wife

and return her to her parents thereby putting an end to the marriage.22

This is more

common where the woman is barren. This unlimited power of man to divorce his

wife was, however, said to be subject to certain social constraints. Where a woman

has a male child, divorce was not always easy to obtain by men. Because the woman

will be regarded to have root in the family, and when there was a cause for divorce

in this situation, it would be regarded as a temporary separation because the

children normally bring their mother back home, after attaining the age of puberty

or matured to inherit their fathers' estates.2; Because Nigeria is a patrilineal society,

the children of such situation normally follow the father.24

d. Proprietary Rights

In the Pre-Colonial Nigeria society, a woman was not entitled to own land, 25

nor

had the right to inherit family property as she was always bypassed, when there

was a male child to inherit the father's property in her stead. This is not peculiar to

Nigerian women alone; millions of women around the world also lack the right

and power to own land. Property is said to be a source of personal protection

from intruders and from the climate. It is also said to be the base, the

"legitimacy" for further territorial or commercial acquisition, without which the

right to ownerships, there is no source of security, identity, shelter, leisure et cetera.

Therefore, acquisition of property becomes issues of welfare or "needs” rather than

Page 6: Rights of Women in the Pre Colonial and Post Colonial Era

claims.26

Similarly, the concept of inheritance in the traditional Nigerian society (and even

up till now) does not consider women as entitled to inherit any property. In fact,

women were regarded as property to be shared at the demise of their husbands.

This was more prominent and peculiar in the Igbo society. Hence, the pre –

colonial Nigeria society recognized the widow inheritance, and therefore, elevated

men above women.27

e. Political Rights

In the area of politics, it was not common to see women as absolute rulers. One

common thing then was that most African leaders of pre-colonial period who were

mainly men had many influential women around them who represented the interest

of the women. At this period, there was no specific law imputing any disabilities

on them were, therefore, very active in economic and Socio - political sectors

of the society28

. They played key roles in the palaces of rulers29

. Before

colonialism, Southern Nigeria women ruled jointly with their men. The arrival

of the colonial

Government, however, suppressed the participation and involvement of women

in power and

Decision-making.30 similarly, in Yoruba speaking area especially in the then Oyo

empire had no political inhibition, they were rather highly honored and

respected.31

Available records revealed that the participation of women in this

period are abound in archives. Equally in the Northern part, women played

prominent roles in the political affairs of the society before the advent of Islam and

colonization by the British.32

In the Eastern part, the leadership role played by queen

Kambasa of Bonny cannot be underestimated. She was described as an heroic

Page 7: Rights of Women in the Pre Colonial and Post Colonial Era

figure of her community who did not believe that a woman need not be more

restricted than a man. Accordingly, she was said to have erected a landmark of

achievements and created a record of achievements for the women of that

kingdom.33

it can Therefore, be rightly stated that women in pre – colonial period

were not passive but very active in political activities, and had always participate

in the construction and shaping of their societies. They were always ready to

sacrifice themselves in the services of their various communities.34

f. Educational Rights

In the area of education, it appears that there was no formal system of

education in the pre-colonial Nigeria as we have today1. Except the Islamic

education, this was operative mainly in the Northern part of the country. It is

noteworthy that Islam played a prominent role in the emancipation of Muslim

women in the Northern Nigeria, mostly in the areas of education, economic and

political sphere of women. For instance, Nana asman, uthman Dan Fodio's daughter,

who became popular after the reign of his brother, Muhammad Bello is still of

immense memory, although she was not a ruler but a woman educator who

played a tremendous role in the education of women in the Northern Nigeria.

The informal system of education, which was available to the girl – child was left in

the hand of their mothers; who presumably had limited instructions in whatever that

would prepare them for their roles as house wives. Some may go further to learn

some creative works to assist the family income when they get married. For

example, it is very common in pre – colonial Nigeria to see women dominating the

market place i.e. retail trading. Before marriage, African girl were expected to

acquire successful marketing techniques because women are regarded as good

bargain 'hunters' in the market. They sell both their agricultural produce and that

of their husbands.35

this is was a kind of education prominent in the pre - colonial

Page 8: Rights of Women in the Pre Colonial and Post Colonial Era

Nigeria, especially in the Southern and Western parts of the country. It was also not

uncommon to see mothers sending their girl - child to sewing institute to learn

dressmaking. This was one of the trades that a girl learnt as a sign of preparing them

to be good homemakers.

RIGHTS OF WOMEN DURING COLONIAL PERIOD

When the British came to Nigeria, a lot, of changes were introduced to most African

cultures, mainly in the field of education, politics, social activities as well as

economics. These changes affected some of the rights available to women in the

pre - colonial Nigeria; including:

a. Educational Rights

In the area of education, the Colonialists established schools in Nigeria. Western

form of education s introduced mainly to male children. In many places women

were not allowed to go to school at the initial stage. This was because the aim of the

educational policies of colonial administration was produce not scholars but clerical

staff and interpreter for the regime, which only men could fulfill at a cheap

labour.36

However, in the early 20th Century, schools were opened to women and for

the fist time, female children began to compete with their male counterparts for

certain Governmental jobs. Although, at this period, women education was still

seriously restricted to domestic sciences (home Economics) like cooking, needle

work, house keeping and laundry. These courses were planned to give them

morals and disciplines in accordance with African culture and traditions.

Similarly, the influence of Christian Churches was felt tremendously in the area

of education of men in Nigeria. The missionaries introduced schools where in

school children were baptized. This was, however, the beginning of the boarding

Page 9: Rights of Women in the Pre Colonial and Post Colonial Era

schools in the Nigerian educational system.37

the missionaries also adopted a

practical scheme to attract the children from the villages. This they achieved by

selecting few children that attended schools and provided them with clothes. They

were also made to march around the sections of the village.38

although, the

education of women at the initial period of the arrival of the missionaries in Africa

was confronted with many difficulties, yet men were said to be the pillars of the

missionaries' evangelism and education. Missionaries had made so much progress

today in the area of western education due largely to the cooperation received

from the women folk, without which, education will be unattainable, because

women usually give instructions to the males who normally give out the order.39

b. Political Rights

In the area of politics, women began to experience oppression in all its

ramifications. They were formally marginalized in the scheme of things, and they

seem to have lost all the power they possessed during the pre-colonial era.40

Women did not fold their arms and remain dormant as a result of this development,

they rather began to organize themselves into pressure groups making o of the pre -

colonial forms of organizations.41

Women at this period contributed immensely to the

political development of Nigeria; this they achieved by constituting themselves into

political pressure ups to fight injustices, oppression and exploitation of the

colonial administration and their traditional rulers42

. They employ new

strategies to safe guard their interest in Government and ensure the kind of

Government they desired. For example, in 1946, there was the market women riot

at Abeokuta; spear headed by Late Mrs. Olufunmilayo Ransome Kuti.44

During

the second World War, market women at Abeokuta suffered from the effect of the

enforcement of British food Trade Regulations by the Alake. The Alake then

had sweeping powers as the "sole native Authority" under the British and the

Page 10: Rights of Women in the Pre Colonial and Post Colonial Era

women accused him of abusing those powers, "criticized the poll tax imposed

on women regardless of their circumstances. Women complained of

discriminatory pay in employment and called for the right of women to vote. The

effect of egba market women campaign resulted in the temporary exile of Alake of

Abeokuta on 29th July 1948, by the British Residence who deported him to Oshogbo

in the interest of peace. His disposition was followed by a lot of major reforms in

the area of taxation policy of the Egba Native Authority; this brought great relief

to the market women.45

Mrs. Kuti was also known for her various struggles

against the military dictatorships in Nigeria.

There was also the popular Aba riot by the Igbo women.46

In Igbo areas, democracy

was practiced by consultation and consensus. When colonial Government masters

came, they could not understand the culture and tradition of the people they ruled.

Without a thorough study, they proceeded to make laws without consulting the

people (i.e. the 1926 and 1929 tax). Such actions by the colonial masters were

regarded by the Igbo’s as improper and a rape of justice-a foreign rule without

consultation. The effect of the colonial masters' action was to nuzzle women all

around, relegate them to the background, and shut them out of the active politics

which they had tear to, for a long time.

Also in the British Legislative Council of the colonial masters, there was no

record of single woman appointed to represent her country by any of the Government

bodies throughout the colonial period.47

this was, however, seen to be a relegation of

the right of women, which they used to enjoy in the pre- colonial days. All these

were instances of women political life in the colonial era and a proof that women

struggle and liberation had come a long way in Nigeria and African in general, even

before that of the West.

Page 11: Rights of Women in the Pre Colonial and Post Colonial Era

c. Economic Rights

The colonial period did not improve the status of women economically at all. As

mentioned earlier the type of education set up by the colonial master was male-

oriented, and the only course that were left for women were those that would assist

them in building their homes as Africar women. Generally speaking, African

women were peasant farmers with no capital since they were not economically

independent they solely depended on their husbands. In order to produce more food,

African women needed to borrow money from their neighbours, for they had no

access to credit facilities such as bank loans unlike their male counterparts. Banks did

not make loans available to them (women) because of the traditional position of

women in Africa. Peasants do not always represent good risks and therefore the

commercial banks made practically no loans available to their organization48

. Also,

the traditional farming system whereby the hoe culture was still the main method

used by African women in the rural farming process, even with the new system of

agriculture, only men were taught how to apply modern methods in the cultivation of

a given crop, while the women continued to use the traditional method in cultivating

the same type of crops. Hence, they were into subsistence farming system rather than

the mechanized embarked upon by their male counterparts. As a result of this, the gap

between labour productivity of men and women continued to widen.49

Therefore, the

only way which African women could produce money in the peasant economy was

by going through various forms of hardship of lifting and carrying on their heads,

basket of cassava, yams, and bags of gari to the market place for sale. Thus, while

the western women and some few educated Africans were pushing for equality, the

majority of these peasant African women were crying out for economic liberation.

V. RIGHTS OF WOMEN IN POST - COLONIAL NIGERIA

Page 12: Rights of Women in the Pre Colonial and Post Colonial Era

Rights of women in post colonial period really witnessed tremendous changes than

it was in the pre-colonial and colonial era in Nigeria. Rights from 1960, when

Nigeria gained her independence vis-a-vis constitutional developments had better

the lot of women's rights in Nigeria. The Constitutional Order in Council of I96051

which heralded the Nigeria independence contained in its Chapter III the

Fundamental Human Rights. This provision was retained as Chapter IV in the 1979

and 1999 Constitutions respectively. Apart from the fact that the 1979

Constitution under this Chapter strengthened the provisions of human rights, it

also included a new Chapter II, which focused on Fundamental Objectives and

Directive Principles of State Policy.52

The provisions of this Chapter dealt with

identification of the ultimate objectives of the nation and the path which led to

those objectives. It spelt out the ideals towards which the nation should strive and

the laid down policies to be pursued in the realizing those ideals.53

The two Chapters

were adopted in the 1999 Constitution, which provide in the clear terms the rights of

women in the contemporary Nigeria. It is upon these Chapters that the rights of

women in Nigeria are premised. It should be noted that Fundamental Objectives and

Directive Principles of State Policy, provide for the critical welfare of the Nigerian

citizens.54

some of the rights available to women under this Chapter will be briefly

discussed below:

a. Educational Rights

The educational objective of the state as contained under Section 18 of the 1999

provides among other things that Government shall direct its policy towards

ensuring a equal educational opportunities at all levels.55

It is to this end that

Government s'-all w eradicate illiteracy and provide education as at when

practicable.56

The question that comes to one's mind is when will it be practicable

Page 13: Rights of Women in the Pre Colonial and Post Colonial Era

for the Government to provide education for the entire citizens of Nigeria

especially women who are most favoured by this provision? An answer to this was

the basis of the case of Arch Bishop Olubunmi Okogie vs. A.G. Lagos State.57

b. Political Rights

Political rights of women are contained under section 14 of the Constitution. It

provides that Sovereignty belongs to the people of Nigeria from whom

Government, through this constitution, derives all its power and authority.58

It

further provides that the participation by the people in their Government shall be

ensured in accordance with the provision of the Constitution.59

c. Economic Right

The economic rights of women are contained under section 17(3) of the

Constitution, which provides that all citizens without discrimination have

opportunity for securing adequate means of livelihood and opportunity to secure

suitable employment.60

it also provides that there shall be equal pay for equal work

without discrimination on account of sex or any other ground whatsoever

d. Social Right

The social rights of women are contained under section 17 of the constitution, that

the state social order is founded on ideals of freedom, equality and justice.62

in

furtherance of this, every citizen shall have equality of rights, obligations and

opportunities before the law63

. It further provides for the prevention of exploitation of

human or any ground other than for the good of the community.64

e. Environmental Right

Environmental right of women is contained under section 20 of the Constitution.

Page 14: Rights of Women in the Pre Colonial and Post Colonial Era

It states that the State shall protect and improve the environment and safeguard

water, air and land, forest and wild life of Nigeria.65

the right to good

environment is very crucial to the right to life contained under Chapter IV of the

Constitution.

f. Cultural Right

Section 21 of the 1999 Constitution provides for this right. It provides that the

State shall protect, preserve and promote the Nigerian cultures which enhance

human dignity and are consistent with the fundamental objectives provided in

Chapter II of the Constitution. Unfortunately, cultures and customs in Nigeria are

vehicles through which abuses and violations women's rights are driven into the

society. Hence most of these cultures sought to be protected and preserved by the

constitution are repugnant to natural justice, equity and good conscience.66

VI. CONCLUDING COMMENTS AND RECOMMENDATIONS

Notwithstanding the laudability and impressiveness of the provisions of this

Chapter, they have been rendered non-justifiable by the Constitution itself.67

although, the Fundamental Human Rights are contained in Chapter IV of the

Constitution; these provisions are unattainable without making justifiable the

Chapter II of the Constitution. Considering this fact, it is our suggestion that for

women to enjoy their rights as properly lay down by the Constitution and as

intended by the legislators, Chapter II of the Constitution must be made

justifiable along side with Chapter IV in order not to weaken the benefit accruing

from the justifiability of Chapter IV of the Constitution.68

This article attempted tracing the historical background of the rights of women in

Nigeria from pre-Colonial to Post-Colonial period. Through available scholarly

Page 15: Rights of Women in the Pre Colonial and Post Colonial Era

contributions and historical artifacts, it was discovered that women in pre-colonial

Nigeria were treated as second class citizens, though they possessed certain rights

which could be regarded personal. These rights were improved upon during

colonization. It was also discovered that with the emergence of various

developments in the Nigerian Constitutions, the provisions for the rights of

women were strengthened. Consequently, these provisions were honored in

theory than practice, the major challenge for today is the non-justifiability of the

provisions of women's rights in Nigeria as contained in the Chapter II of the 1999

Constitution.

VII. RECOMMENDATIONS

In view of the foregoing challenge, this article suggests that the provisions of

Chapter II of the Constitution should be opened to judicial intervention in order to

provide adequate means for the realization of women's rights in Nigeria, as the

realization of the latter is unattainable without justifiability of the former.

It was also discovered that without the realization of Chapter II, the provisions of

Chapter IV of the 1999 Constitution becomes illusory, this is because the areas that

affect personal development of women becomes unattainable without making the

provisions of Chapter II justifiable. For instance, the right to life contained in

Chapter IV cannot be achieved without adequate health and reproductive

rights as well as suitable environmental rights contained in Chapter II. This

therefore, calls for the review of the 1999 Constitution.

Above all, Government should endeavour or intensify its efforts to abolish all laws

and culture that discriminate against women. More importantly discriminatory

interpretation and implementation of laws relating to women must be removed.

Women should intensify their efforts and struggles for the protection of their rights

Page 16: Rights of Women in the Pre Colonial and Post Colonial Era

and ensure that all obnoxious customary practices that hindered the realization of

their rights are thrown into trash can of history.

Abdulraheem Nimah Modupe, Lecturer, Dept. of Jurisprudence law, faculty of

law, university of Ilorin.

E-mail: [email protected] or [email protected] Tel:

+234803654689 or +2348055819981.

1 Ogwu Joy, 'Women Development: Options and Dilemmas in the human rights

equations, in kalu & osinbajo (eds.), Perspective on Human Rights, Lagos, Vol. 12,

Fed.min. of justice, 1992, p. 143

2Thompson Delia, (ed.), The Concise Oxford Dictionary, 9

;". Edn. (London, oxford

cleredon press, 1995) p. 1611. 3Nchi Suleiman Ismaila, The Nigerian Law

Dictionary,_Zana 1" '. Osita Nnamani O., Human Rights Law and Practice in Nig

:e Law, Faculty of Law, University of I : : Tel: +234803654689 or +234805581--9

Human Rights Equations," in Kalu & :f Justice, 1992, p. 143. i.( London, Oxford

Claredon press, 19r edition, Tamaza, (1996) P. 349. ria: An Introduction Enugu

CIDJAP P_:

Donnelly Jack, "Human Rights and Human Dignity and analytical critique of

non-Western conce: ihts" in Alston Philip (Ed) Human Rights Law, England,

Dartrouth, Aldersont, 1996, P. 148.

See Ronald Cobah in Cobbah J.A.M. "Africa values and the human rights

debate: an African Perspective" (1987} 9 Human Rights Quarterly 309 at 321.

This is quoted from EL- obaid and kwadwo Appiagyei -Atua, "Human Rights in

Africa – a new perspective on linking the past with present.” mc gill Law

Journal Vol. 41 P.830. See also MD'sa rose, “women’s right in relation to

human right: a lawyer perspective" Review of the Commission on Human and

Page 17: Rights of Women in the Pre Colonial and Post Colonial Era

people’s rights1987 vol. 13 no 2, April, p.667. See Cohen Ronald: "Endless

Teardrops: Prolegomena to study human right” In human rights and governance in

Africa Cohen Ronald et al (Eds) 1993 pp 3-4 (This is quoted from makau WA

mutual:” the Banjul charter and the African commission on Human and People's

Rights P.14

7 Reanda Laura, "Human rights women’s rights: the UN approach.” (1981) 3 no2

human rights quarterly, pp.11-13 at p. 12, quoted by MD'sa Rose, common wealth

law 1987 vol.13 no 2 April, p.669. Ibid, pp.142 & 143.

9Eze Osita Human rights in Africa: some selected problems, Lagos Nigeria

instituted of International Affairs, Macmillan (1984) p.6.

110John E. Eberegbulam Njoku. The world of the Africa London, scarecrows press

Inco. (1980) P. 13.

11Azogu Udom G.I, 'Women and children-A disempowered group under

customary Law" in Ajibola Bola, (ed) Towards a Restatement of Nigeria

customary laws fed. Min. of justice Series (1991) P.131. See also Akande Jadesola,

Miscellany at law and gender relations Lagos, MIJ publishers Ltd, (1999) P.102.

12 Bier William G. S.J. Ed. Women in modern life: the psychology series NO.5

New York. Fordham Univ. Press, (1968) P.4

13 Azogu Udorn G.I, women and Children-A Disempowered Group under

Customary Law" P.131

14 Ibid, P. 7.

15 John Ebersgbulam Njoku, the World of the African

Woman. 14.

16ibid.

17Even where the parties intend to contract a Christian marriage, (after its

Page 18: Rights of Women in the Pre Colonial and Post Colonial Era

introduction to Nigeria) they will still have to go through the processes of the

Native Law before the Christian marriage is conducted.

18John Eberegbulam Njoku, the World of the African

Woman P.24.

19ibid.

20Azogu Joor Q I. Women and Children-A

Disempowered Group under Customary Law" P.131.

21Anyebe A.P, Customary law: the war without arms

Enugu fourth Dimension (FDP) 1985 P. 31.

22Osita Eze, supra note 10, P. 149

23JohnEberegbulam Njoku, The world of African women p.24

24Eze Osita supra note 10, and Eberegbulam Njoku, the world of the African

Woman jointly accepted this position.

25Akande Jadesola, "31 year of Nigeria womanhood in sakande Jadesola,

miscellany at law and Gender Relations Lagos, MIJ Professions publishers ltd,

(1999) p. 114.

26Ashworth Georgina, "Changing this discourse, a guide to women human”

London. Publ. Charge.

International Reports: Women and society. (1993) p.19

27

Omoruyi Omo et al (Eds) Democratization in Africa- Nigeria perspectives. Vol.2

Benin city- Centre for

Democratic Studies. (1994) P. 101

28Ozo - Eson Philomena 1., "Political Empowerment of Women: Prospects and

Limitations" 2000, Jos.

Women in Academics (JOWACS) Vol. 1 No. 1 Sept. P.111.

29Akande Jadesola, "31 years of Nigerian womanhood" in Akande Jadesola,

Miscellany at Law ;-:

Page 19: Rights of Women in the Pre Colonial and Post Colonial Era

Relations P.102.

30See Imam Ayesha: 'Women in Nigeria: Kaduna State branch Position Paper on

Nigeria's Political Futu-e

Women in Nigeria. P. 46. See also John Eberegbulam Njoku P. 49.

31Uchendu P.K, Education and the Changing Role of Mger/a,Enugu,Fourth

Dimension, P.8.

32Uchendu P.K, Education and the Changing Role of Nigeria, P. 6.

33Alagoa E.K. in Awe Bolanle, Nigeria Women in Historical perspectives, P. 35.

34See for example, Queen Amina of Zazzau, Moremi of Ife, Daurama of Daura to

mention but a few.

35Ibid P. 27.

36 johns Eberegbulam Njoku, The World of the African Woman P. 50.

37ibid, Pp. 19-20.

38 ibid, p P. 20.

39 ibid, p. 22.

40 Akande Jadesola, "31 years of Nigerian womanhood" in Akande Jadesola,

Miscellany at Law and gender relations Lagos, MIJ Professional Publishers Ltd,

(1999) P.102.

41Imam Ayesha 'Women in Nigeria: Kaduna State branch Position Paper on Nigeria's

Political Future" P. 47.

42Ozo - Eson Philomena, "Political Empowerment of Women: Prospects and

Limitations" P.111.

43 Akande Jadesola, "31 years of Nigerian womanhood" in Akande Jadesola,

Miscellany at Law and Gender Relations P.102.

Page 20: Rights of Women in the Pre Colonial and Post Colonial Era

44 ibid.

45 For this report see the makers of modern Africa (Profiles in History) 1991.

African books Ltd. London PP.648-649.

46Akande Jadesola, "31 years of Nigerian womanhood" in Akande Jadesola,

Miscellany at Law and Gender relations

P.103. See also Nwabueze, B.O, Constitutional History of Nigeria, London, C.hurst

and company, 1982 P.23.

47John Eberegbulam Njoku, the World of the African Woman P. 50.

48 ibid, Pp. 64 -65.

49lbid, Pp. 3 and 4.

50 Ibid, P. 4.

51 Peter Oluyede, Constitutional Law in Nigeria ibid, P. 29. See also Aguda T.A. The

Challenge of the Nigeria Nation. An examination of its legal Development. 1960-1985

P.3. Aguda T.A. The Challenge of the Nigeria Nation. An examination of its legal

Development. 1960-1985 P.34.

52Ojo Abiola "Constitution and Constitutional Changes in Nigeria since

Independence" P.126. Aguda T.A. The Challenge of the Nigeria Nation. An

examination of its legal Development. 1960-1985 P.21.X

53 Ojo Abiola "Constitution and Constitutional Changes in Nigeria since

Independence" P. 126. Aguda T.A. The Challenge of the Nigeria Nation. An

examination of its legal Development. 1960-1985 P.21.

54 See the CDC report, Vol. I P.V. Quoted from Ojo Abiola "Constitution and

Constitutional Changes in Nigeria since

Independence" P. 126. Aguda T.A. The Challenge of the Nigeria Nation. An

examination of its legal Development.

1960-1985 P.21. See also Nasir, J.M. "Women's Right in Nigeria" in Muhammad

Page 21: Rights of Women in the Pre Colonial and Post Colonial Era

Tabiu and Muhammad Tawfiq

Ladan (eds). Individual Rights and Communal Responsibility in Nigeria, Abuja.

National Human Rights Commission,

(1998) P.89.

55See the CDC report, Vol. I P.V. Quoted from Ojo Abiola "Constitution

and Constitutional Changes in Nigeria since Independence" P.126. Aguda

T.A. supra note 52, P.21. See also Nasir, J.M. "Women's Right in

Nigeria” in Muhammad Tabiu and Muhammad Tawfiq Ladan (eds).

Individual Rights and Communal Responsibility in nigeria Abuja.

National Human Rights Commission, (1998) P.89.lbid, P. 89.

56 See Section 18(1).

57 See Section! 8(2) a-.d.

58 (1981) 1 N.C.L.R. P.218.

59 Section 14(2) (a).

60 Section 14(2) (b).

61 Section 17(3) (a).

62 Section 17(3) (d).

63 Section 17(1).

64 Section 17(2)(a).

65 Section 17(2) (d).

66 Section 20(1).

67 See Section 27(1) High Court of Lagos Laws, the case of Mojekwu v.

Mojekwu (2000)5 NWLR Pt.657, P.402 and Mojekwu v. Mojekwu

(2004}H NWLRP1883.P.196.

68Section 6(6) (c) 1999 Constitution.