The Rule Of Law As An Instrument Of Societal Protection And Its Impact On Gender Issues In Nigeria
Keywords:
Rule of Law, instrument, societal protection, Gender issuesAbstract
This study aimed at showing that the rule of law is not worthy of being so called in a polity where there is no societal protection and gender sensitivity. The review showed that the rule of law is an indispensable tool for the protection of the society and as such it could be described as the oxygen of a well governed polity, without it, governance will collapse and the polity will suffer. However, in the course of this study, the findings revealed that one of the major challenges of the operation of role of law in Nigeria is gender marginalization. In view of that, it was suggested that government (at all levels be it federal, state and local) must not relent in their efforts to embrace gender equality principles and practices through programme reforms and policies.
References
See also Nwabueze, B., Constitutional Democracy in Africa, Vol 3, Spectrum books ltd, Ibadan, Nig. 2004 p. 19. Or see J. Locke, the second treatise of civil government; ed. Gough, J. W. (1946) Sec 22, p. 13.
Oyeyipo, T.A., Gummi, L.H. and Umezulike, I.A., (Edited) Judiciary and Democracy in Nigeria, Snap Press Limited, Enugu, 2007, P. 344
Ibid
Ibid
Ibid
Ibid
Wade and Bradley, Constitutional and administrative law, 11th Edition, Longman Group UK Ltd, England 199, p. 100.
See S. 36 (12) Constitution of the Federal Republic of Nigeria (CFRN) and the case of Taiwo Aoko v. Fagbemi (1961) WNLR 147 or 1961 ANLR 400
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Nwabueze, B. op. cit p. 20.
Wade and Bradley, constitutional and administrative law, 11th Edition, op. cit p. 100
Nwabueze, B., constitutional Democracy in Africa, Vol. 3 op. cit., p. 20.
Ibid., p. 100-101
See generally chapter IV, Fundamental freedoms, Ss 33-46 Constitution of the Federal Republic of Nigeria (CFRN), 1999.
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Ibid
Ibid
Section 1, Constitution of the Federal Republic of Nigeria (CFRN), 1999.
Section 33-44, chapter 4, Fundamental Rights Constitution of the Federal Republic of Nigeria (CFRN), 1999, has justiciable rights enforced in the courts.
See Sections 4, 5, 6 and 130, Constitution of the Federal Republic of Nigeria (CFRN) 1999.
Section 14, ibid.
Section 48, ibid.
Section 42, Constitution of the Federal Republic of Nigeria (CFRN) 1999.
See SS 2, 14 and 17, Constitution of the Federal Republic of Nigeria (CFRN) 1999 as it relates to right to participate in governance; see SS, 17(3)(a), 42, 34, 178, 179(1)(2), 76, 77 and 7, Constitution of the Federal Republic of Nigeria (CFRN), 1999 as it relates to the right to free and fair election. See S. 39 CFRN as it relates to freedom of information.
Nwabueze, B., op. cit. p. 104
See the cases of Aiyetan V. NIFOR (1987) 3 Nigerian Weekly Law Report (NWLR), pt 69, p 48 SC and Wilson V. A. G. Bendel (1985)1 Nigerian Weekly Law Report (NWLR), pt. 4, p. 572 SC where governmental acts have been declared invalid.
See generally section 1, Constitution of the Federal Republic of Nigeria (CFRN) 1999
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S. 16(b), Ibid
Major sectors of the economy are to be managed and operated by the state - S. 16(c) CFRN, 1999
See S. 17 Constitution of the Federal Republic of Nigeria (CFRN), 1999 generally.
See generally S. 18, Constitution of the Federal Republic of Nigeria (CFRN) 1999
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See UDHR 1948, ICCPR 1966, ICESCR 1966, and the two optional protocols to ICCPR.
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See S. 42, Chapter IV, Fundamental Rights, CFRN, 1999, as justifiable rights enforceable in courts
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The drafting process of Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) took place between 1974 - 1979.
Gender Based Violence in Africa: Perspectives from the continent July, 2006, P. 190 - 196 Regional.
This is found in various human rights instruments, for e.g. The European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950; The European Social Charter, Turin, 1961; International American Convention in Nigeria on Human Rights, San Jose 1960; and the ACHPR, 198.
In Nigeria, see S. 39 Constitution of the Federal Republic of Nigeria (CFRN), 1999; and the ACHPR (Ratification and Enforcement) Act, Cap A9 Law of the Federation of Nigeria (LFN), 2004.
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Nwabueze, B. op. cit. p. 30.
Ibid
Ibid
Ibid
(2007) 16 Nigerian Weekly Law Report (NWLR), Pt. 1059, p. 22
Constitution Federal Republic of Nigeria, (CFRN), 1999
(2007) 16 Nigerian Weekly Law Report (NWLR), pt. 1059, P.20
For example, see Obi V. Mbakwe (1984) NSCC V. 15, p. 139 Tinubu v. I.M.B. Securities (2001)
Nigerian Weekly Law Report (NWLR), Pt. 740, p. 681.
National Gender Policy, Legal Awareness for Nigerian Women (LANW), Kaduna; 2008, p. 39.
