iii.
iv.
and good conscience and should therefore not be allowed to stand. The court therefore declared
as repulsive, the custom of the Awka people in Anambra State which allows married women to
be disinherited upon the death of their husband because they did not have a male child for the
late husband.
Dr. Priye Iyalla-Amadi Vs Director-General of the Nigeria Immigration Service and Nigerian
Immigration Service (NIS) in which the Federal High Court in Port Harcourt held that it was
discriminatory and a violation of Section 42 (1)(a) of the 1999 Constitution and Article 18(3) of
the African Charter on Human and People’s Rights for the immigration to insist on a written
consent of the husband before an international passport can be issued for the wife (woman)
when no similar condition is applicable to the men.
The provision of the Police Act, which prohibits a female officer from marrying a man of her
choice without the permission of the Commissioner of Police in the command where she is
serving, has been declared illegal and unconstitutional by a Federal High Court. The judge held
that Regulation 124 was illegal, null and void due to its inconsistency with Section 42 of the 1999
Constitution and proceeded to annul it pursuant to Section 1(3) of the Constitution.
With these judgments many more women will be bold to come forward and challenge
situations of injustice and because it is a decision of the Supreme Court, no court can legally give a
contrary judgment.
Attributions of Progress Recorded
Democracy has continued to yield results including the increase in the enjoyment of the right
to freedom of expression, human dignity, fair hearing, freedom of movement freedom from
discrimination and all other associated rights. Governmental policies, programmes and activities
have continued to witness a boost typified in extended educational, legal and legislative
advocacies/outreaches. These were accompanied by trainings, workshops and seminars aimed at
broadening and expanding rights horizon in issues of gender mainstreaming.
Non-governmental organizations on their part have redoubled their efforts as monitors of the
government and whistle blowers when they notice improper conduct from government angles. This
has resulted in greater collaborations and networking between the NGOs and the Judiciary,
Legislature and other key stakeholders including other civil society groups. Attempts are directed at
conscious strategic litigation and alternative dispute resolution which offer a more permanent
equitable arrangement.
1.7 Challenges
Despite the concerted efforts that the federal and state governments and gender
machineries are making, at ensuring gender equality in all sectors, policies and programmes,
challenges that are attributable to patriarchy, deep rooted traditional beliefs and customs, low level
of male involvement and participation in creating change, have contributed immensely to the
perpetuation of gender inequality in the country.
44