It’s not surprising that Nigeria ranks near the bottom globally when it comes to gender equality, according to numerous global gender equality indices. According to these reports, Nigeria performs poorly in economic participation, political representation and legal protection for women. These reports are not just numbers; they’re the lived experience of every woman in Nigeria.
The United Nations theme for International Women’s Day 2026 is: “Rights. Justice. Action. For All Women and Girls.” Understanding the law is the first step toward justice because action requires clarity. And clarity begins with knowing what is written into our statutes and what is not. What rights do women actually have under Nigerian law? And just as importantly, what rights could exist if the legal framework were stronger?
Laws that “Protect” Nigerian Women;
1. Women are free from discrimination on the basis of gender
Section 42 of the 1999 Constitution says no Nigerian should be discriminated against based on sex. However, this provision is really only enforced in court, which introduces an expensive and exhausting process that many just can’t afford.
The case of Miss Omolola Olajide is an example where this provision was used to strike down a discriminatory law in the former Police Act, which required non-married female police officers who became pregnant to be dismissed. However, this case, which was filed in 2021, finally received judgment in 2023, exemplifying the judicial process in Nigeria.
2. Women are guaranteed the dignity of a human person
Section 34 of the 1999 Constitution guarantees dignity for everyone, including women, but it is usually not enforced. Sometimes, even by the people who are supposed to enforce like Police Men who are known for harassing women.
3. The Nigerian Government is obligated to end discrimination in all areas
Nigeria signed CEDAW–Convention on the Elimination of All Forms of Discrimination Against Women–in 1985. That means we agreed to eliminate discrimination against women in politics, education, employment, healthcare and everywhere else, at least in principle.
Under Nigerian law, treaties only apply if the National Assembly passes a corresponding local law. The African Charter on Human and Peoples’ Rights (ACHPR) is an example of a law that was domesticated through the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act of 1983. This means that the charter has full legal force in Nigerian courts, and that decision has brought a rise in Fundamental Human Rights cases against public officials. So far, CEDAW has not received the same treatment.
4. Women are legally protected from all types of violence
The Violence Against Persons (Prohibition) Act, 2015, expanded what Nigerian law recognises as violence. It criminalises domestic violence, harmful widowhood practices, female genital mutilation, emotional abuse and several forms of abuse that older laws ignored. But when the law was passed, it only applied in Abuja. States have to adopt it individually, which means that whether you are protected from certain forms of abuse still largely depends on your state.
5. Child Marriage is Illegal
The Child Rights Act, 2003, sets 18 as the minimum age for marriage. It prohibits child betrothal and protects children from abuse. However, this problem still exists across the country because, like many Nigerian laws, it only applies fully in states that choose to adopt it.
6. Women should hold at least 35% of positions in politics
The National Gender Policy recommends that women hold at least 35% of political appointments and decision-making positions. In reality, however, representation has not improved.
After the 2023 elections, women held roughly between 4.2% and 10.9% of seats in the National Assembly, placing Nigeria among the lowest in Africa for women’s political participation.
7. Women in formal employment are entitled to workplace protections
Nigeria’s Labour Act includes some maternity protections for women working in the formal sector, but most Nigerian women work in the informal economy, where labour protections are nonexistent.
8. Courts can intervene when certain customs discriminate
Nigerian courts have occasionally pushed back against discriminatory practices. In numerous cases, the Courts have ruled against customary laws that discriminate against women. Nonetheless, case law alone cannot rewrite an entire legal system. And someone still has to go to court first. Rights that only exist after litigation are not equally accessible rights.
The Laws that Discriminate
1. A married woman is deemed to be of full age
Section 29(4)(b) of the 1999 Constitution provides that any woman who is married shall be deemed to be of full age. This provision has been used to counter Section 21 of the Child Rights Act, which prohibits marriage to someone under 18 years, despite being drafted in a different context.
2. Women cannot transfer citizenship
Section 26(2)(a) of the 1999 Constitution provides for citizenship by marital association, but the language is strictly gendered. It flows from a Nigerian man to his foreign wife.
3. Men can hit their wives for the purpose of “correction”
Section 55(1)(d) of the Penal Code provides that a husband is not liable for harm where it is done for the purpose of correction and as long as it does not result in grievous harm which includes emasculation, permanent loss of sight, ability to hear or speak, deprivation of any member or joint, destruction or permanent impairing of the powers of any member or joint, facial disfigurement, bone fracture or tooth dislocation.
4. Indecent assault on a man is more serious than on a woman.
Under the Criminal Code, which is only applicable in Southern Nigeria, indecent assault on a man is a felony and punishable by up to three years imprisonment, whereas the same crime on a woman is a misdemeanour (a minor crime) with up to two years imprisonment.
5. A Woman’s immoral character becomes relevant when accusing a man of rape
Section 211 of the Evidence Act states that when a man is accused of rape by a woman of “generally immoral character” and prosecuted for it, her character becomes relevant in court, and evidence can be brought on it.
6. Husband can never be guilty of raping his wife/There is no marital rape
Section 6 of the Criminal Code defines ‘unlawful carnal knowledge’ as carnal connection which takes place otherwise than between husband and wife; thus, a husband cannot be guilty of the offence of ‘rape’ of his wife. The Penal Code is more straightforward with Section 127 of the Zamfara harmonised Sharia Code, which says a husband cannot be guilty of marital rape
7. Proving Rape under the Sharia (Penal) Codes
Under the Sharia Penal Codes, rape is a form of ‘zina’, that is, illicit sexual intercourse, and to prove the offence of ‘zina’, a confession of four witnesses is required; otherwise, the victim could be liable for defamation.
8. Women cannot work overnight in certain industries
Section 55 of the Labour Act restricts women from engaging in night work in certain industries. It was originally framed as “protective” labour legislation, but such sex-specific restrictions limit participation.
9. Female NDLEA applicants must be single and remain single if accepted for two years
Under Article 5(1) of the NDLEA Order, 2002, “All female applicants shall be unmarried at the point of entry, and upon enlistment remain unmarried for a period not less than two years.” Article 5(2) shows that the requirements for getting married include applying in writing to the Chairman/Chief Executive, asking for permission and stating details of the intended husband.
The frustrating truth about Nigeria’s gender laws is that the solutions are not theoretical. Other African countries have already written them into their legal systems.
Laws that Protect Women in other African countries
1. Polygamy is no longer legal in Tunisia
Tunisia introduced one of the most far-reaching family law reforms on the continent through the Code of Personal Status of 1956. The law abolished polygamy entirely, making Tunisia the first Muslim-majority country to criminalise it. It also replaced unilateral male divorce with judicial divorce, meaning both spouses must go through a court process rather than a husband simply declaring divorce.
2. Women and Men have equal footing within marriage in Namibia
Namibia passed the Married Persons Equality Act 1 of 1996, which eliminated the legal concept of marital power. Initially, husbands had legal authority over family property and financial decisions. The law removed that authority and placed husbands and wives on equal legal footing within marriage.
3. Women can own communal land in Namibia
The Communal Land Reform Act of 2002 provides that men and women have equal rights to apply for customary land allocations. This law addresses the problem of widows losing land after their husbands die. Traditional leaders still administer land rights, but their authority must now operate within a framework that guarantees gender equality in land ownership. In many parts of Nigeria, this protection simply does not exist.
4. Rwanda requires both spouses to own land together
The legislation requires joint land registration for married couples, meaning both spouses must be listed on land titles. This prevents a common problem across Africa where property is registered solely in the husband’s name, leaving widows or divorced women without legal claims to land. It is seen as one of the continent’s strongest land equality frameworks.
5. Victims of Abuse can stop all contact with abusers in Ghana
Ghana’s Domestic Violence Act of 2007 created a stronger enforcement structure for addressing abuse. Beyond criminalising domestic violence, the law introduced protection orders issued by courts, allowing victims to legally restrict contact with abusers. The law also established Domestic Violence and Victim Support Units (DOVVSU) within the police force to handle gender-based violence cases specifically.
6. Women’s participation in politics is constitutionally required in Rwanda
Rwanda’s 2003 Constitution mandates that at least 30% of positions in decision-making bodies must be held by women. Special seats are reserved for women in parliament and local government to ensure representation is not dependent on party goodwill. Unlike Nigeria’s gender policy recommendation, this is not a suggestion. It is a constitutional requirement built into electoral structures.
7. Women have government-funded paid maternity leave in Namibia
Not only does the Namibia Labour Act 11 of 2007 prohibit discrimination in employment based on sex, but it also explicitly bans workplace harassment AND provides paid maternity leave supported by a national social security system, rather than leaving employers to absorb the cost alone.
Comparisons like this are important because they explain that Nigeria’s gender inequality is a legal and political choice consciously being made. Many of these reforms enacted in other countries are not radical or culturally impossible. They are simple, logical legal decisions that only improve the quality of life for all, not just women.
