1.8
1.8.1
EQUALITY IN MARRIAGE AND FAMILY
Proactive and Innovative Measures to Remove Contradictions in the Tripartite Act
To further guarantee equality in marriage, Section 21 of the Child’s Rights Act stipulates eighteen
years as the minimum age for marriage and betrothal. This takes care of the absence of a fixed age
of marriage in the Marriage Act, Cap. M6, Vol. 8, Laws of the Federation of Nigeria, 2004, and the
Matrimonial Causes Act, Cap, M.7, Vol.8, Laws of the Federation of Nigeria, 2004, and outlaws the
arbitrary fixing of age of marriage under customary and traditional practices. At least 22 states of the
Federation have adopted the provisions of the Child’s Rights Act, 2003.
Enhancing Family Life
The Nigerian Law Reform Commission has undertaken extensive reforms of the Nigerian
Family Law, Law Relating to Rape and Other Sexual Offences as well as Laws on Marriage. The
reforms specifically address issues pertaining to Section 55 of Chapter 198 of the 1990 Constitution,
and section 360 of the Nigerian Criminal Code. Issues covered include:
a) Testifying against a Spouse: Previously only women married by ordinance were protected from
testifying in court against their husbands in criminal matters but by the reform, women married
under customary and Islamic Laws are now covered.
b) Divorce under customary and Islamic laws will now follow due process and besides return
of dowry, divorce paper will now be obtainable.
c) Customary and Islamic marriages can now be registered.
d) Pregnant women no longer share cells with other detainees or prison inmates.
e) Nursing mothers relieved of sharing cells with other detainees or prisoners.
1.8.2
Other Related Initiatives by NGOs and Government
Also worthy of mention here are the health sector initiatives on gender-based violence
embarked upon by Federal Ministry of Health. These include the development of a draft
policy guideline for the management and control of Gender-Based Violence (GBV) targeting
health workers, law enforcement agents and the Judiciary. This is a follow-up to the findings
of its 2003 National HIV/AIDS and Reproductive Health Survey.
Between 2014 and 2016, the under listed Nigerian NGOs and several others, engaged in
diverse public education activities, capacity building initiatives, legal assistance and
counseling services for female victims and survivors of violence and violation of human
rights: Project Alert, Lagos; WRAPA, Abuja; BAOBAB for Women’s Human Rights, Lagos;
WACOL, Enugu; Action Health Incorporated, Lagos; Girls’ Power Initiative (GPI), Calabar;
WOCON, Lagos; CIRDDOC, Enugu; WOTCLEF, Abuja; Women’s Optimum Development,
WARDC, Lagos; GADA Lagos; LRRDC Lagos, AHIP, Kano; GHARF Enugu; WHARC, Benin
etc.
1.8.3
Decided Cases in Support of Equality in Marriage
The Nigeria Bench is not left out as activist pronouncement and cutting down of customs
that held women down are declared. The Supreme Court of Nigeria has taken the violation of
women’s right as a special project which is evidenced in the number of judgments cutting down
obnoxious customary practices against women.
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