332.
Standard-setting and the uniform application of rights to all women in
Nigeria are best guaranteed through enactment of a national law. However,
the CSAR notes that some aspects of the law that are deemed controversial
to religious practices and customary norms are holding up its passing. In
addition, the dichotomy of legislative domestication processes at federal
and state levels in effect tends to limit the enjoyment of rights for women
at state level in those states that do not further enact laws on women’s
rights, which may render the signing and ratification of CEDAW illusory.
333.
The National Centre for Women’s Development has identified several laws
and judicial procedures as having prejudicial provisions and aspects that
are discriminatory and inimical to the rights of women. Discriminatory
legal provisions include the constitution, which grants unequal citizenship
rights to men and women with non-Nigerian spouses; the Marriage Act;
the Matrimonial Causes Act; the Criminal Code Act; the Penal Code Act;
and the Penal Code (Northern States) Federal Provisions Act of 1960. In
some police stations, women who are remanded in police custody are not
granted bail or allowed to stand as surety as a matter of practice, which is
a violation of their rights.
Participation in the public arena
334.
As reflected in the CSAR, the visibility and participation of women in
elective and appointive offices is poor. At the federal government level,
and in several states visited, the ratio of female to male members of the
executive and legislature was very low.
Table 3.2: Percentage of political positions occupied by women
1999
2003
2007
PER
CENT
FEMALE
PER
CENT
FEMALE
PER
CENT
FEMALE
POLITICAL POSITION
NUMBER OF
AVAILABLE
POSITIONS
Senate
House of Representatives
Speakers
Governorship
Deputy governorship
State assembly representatives
Local government chairpersons
Councillors
Minister/special adviser
109
360
36
36
36
990
774
8810
*
2.8
3.6
2.5
0
2.7
1.2
1.2
1.6
20.5
3.9
5.8
0
0
5.5
3.9
0
*
27.3
7.3
6.4
*
0
16.6
5.5
*
*
*
*
*
11.9
(2002)
*
Ambassadors (foreign service)
*Figures not available.
Sources: 1999 and 2003: Nigeria gender statistics digest; 2007: federal Ministry of Women’s Affairs;
2008: Oby Nwanko, “Women and power and decision making”, unpublished.
119