Justista, the Roman deity that represents justice is female. She is the ancestor of the modern-day, double-edged-sword-wielding, scale-carrying, Lady Justice who stands (or sits as the case may be) outside every courthouse or institution saddled with the responsibility of upholding the law of any community.
Yet, many people agree with the view American feminist and lawyer, Catherine Mackinnon expressed in her essay Feminism, Marxism, Method, and the State: Toward Feminist Jurisprudence, that “the state is male and the law is an expression of a male point of view…The law sees and treat women the way the men see and treat women.”
Mackinnon’s assertion is particularly true in Nigeria, in view of the language used in the Nigerian Constitution, where “his and he” were used for humans, except for sections concerning women or children, and in most cases these references emphasise the fact that women are considered second class citizens, it makes women “the other”.
“Women” was used twice in the constitution (in connection with Social Services), women were, of course, grouped with children because it stands to reason that women need “nurturing” since they are in the same group with the “disadvantaged” and are considered “vulnerable” by the Nigerian State.
This assertion is proven under the law establishing Abuja as the Federal Capital Territory which states that “Social Services and Development includes the provision of a nurturing environment for women and children in the Territory, seeing critical social enablers such as the provision of microfinance for vulnerable and disadvantage groups...” (Establishment of Functionaries and Departments) and Ministry of the Federal Capital Territory (Dissolution) Order No. 1, 2004 S.I.4 Of 2005
The word “woman” also appeared in the Nigerian Constitution twice, the first was in Section 26, subsection 2(a) which says that a person may be registered as a citizen of Nigeria if the president is satisfied that the person has good character, shown a desire to be domiciled in Nigeria and has taken the Oath of Allegiance but the section only applies to -
(a) any woman who is or has been married to a citizen of Nigeria;
What the section says in essence is that only Nigerian men can bequeath their citizenship on their spouses. So, if a Nigerian woman marries a foreigner, he is not eligible for Nigerian citizenship (kind of similar to traditional marriage in some Nigerian communities, once a woman gets married, she is no longer considered part of her parents community).
It was used again in Section 29, subsection 4(b), where, in spite of the fact that the subject of renunciation of citizenship was being addressed, our lawmakers were able to sneak in the point that “any woman who is married shall be deemed to be of full age”, and since the Matrimonial Causes Acts (CAP 220 LFN) did not provide any minimum age for marriage, it means a girl married off at say, three years of age, is considered an adult in Nigeria.
The law specifically allows an under aged married woman to revoke her citizenship even when she has not attained the constitutional voting age and there is no corresponding provision treating a male married minor as an adult. A female minor is allowed to marry, but not allowed to vote... in Nigeria.
A Police woman must submit her prospective husband details for approval before marriage. As a “vulnerable” set of creatures, the Nigerian Police insists that women police must apply for permission to marry, in case she’s stupid (as women are considered to be) enough to marry a criminal or maybe someone just not “good enough” for her.
Police Regulation Act, 124. Women police to apply for permission to marry [L.N. 93 of 1968.]
A woman police officer who is desirous of marrying must first apply in writing to the commissioner of police for the State Police command in which she is serving, requesting permission to marry and giving the name, address, and occupation of the person she in- tends to marry. Permission will be granted for the marriage if the intended husband is of good character and the woman police officer has served in the Force for a period of not less than three years. [L.N. 93 of 1968.]
The Nigerian Police is your friend, and your father and your “big brother”, looking out for you because you are the “weaker” sex and cannot make sane decisions, particularly when you’re about to make a life changing decision, like ... marriage and because of their kindness they will not allow you to marry as soon as you join the force, you need to wait for a period of three years. Unfortunately, under-aged girls do not get to enjoy this luxury because they did not join the Nigerian Police.
No similar provision is made for men, therefore a male police officer can marry anybody, at any time, because, they are the more intelligent set of human beings.
Not wanting to be left out, the Nigerian Labour law states in Section 55 that:
‘...no woman shall be employed on night work in a public or private industrial undertaking or in any branch thereof, or in any agricultural undertaking or any branch thereof.’ (2) Subsection (1) of this section shall not apply to women employed as nurses, in any public or private industrial undertaking or in any agricultural undertaking, nor to women holding responsible positions of management who are not ordinarily engaged in manual labour’.
We believe that this is due to the fact that the primary “work” of a woman is done properly “at night” preferably “in bed”. Although female nurses are exempt from this wonderful clause, female doctors are not (or maybe they were left out because there are NO female doctors in Nigeria!)
The upside of this law is that since there are no laws in place concerning sex work in Nigeria - yes you read that right, sex-work is not illegal in Nigeria( not in the constitution, criminal code or penal code were they mentioned), sex workers are allowed to work during the daytime.
Section 56 of the Act also provides:
(1) Subject to subsection (2) of this section, no woman shall be employed on underground work in any mine. (2) Subsection (1) of this section shall not apply to:
(a) Women holding positions of management who do not perform manual labour; or
(b) Women employed in health and welfare services; or
(c) Women who in course of their studies spend a period of training in underground parts of a mine; or
(d) Any other woman who may occasionally have to enter the underground parts of mine for the purpose of a non-manual occupation.
Nigerian women are not allowed to be miners, or archeologists, or cave explorers, except when you’re studying to be a miner or an archeologist, but after your study you may “occasionally” enter the underground parts.
In the criminal code, the indecent assault of a female as a misdemeanour punishable by imprisonment of a statutory maximum of two years (see Section 222 Criminal Code Act Cap 38 LFN). If the girl is thirteen years old, the maximum imprisonment is three years, while the same offence when committed against a male attracts punishment with a term of imprisonment of more than three years.
The above code is the endorsement of the widely held belief that boys are more “important”, more “valuable” than girls, because assaulting a girl can only get you two years imprisonment but if you dare assault a boy, then you’re in for a long haul in the Nigerian prisons system.
In order to make no bones about the position of the ‘Nigerian People’ on domestic violence and child abuse the penal code Section 55. (1) states that “Nothing is an offence which does not amount to the infliction of child, pupil, grievous hurt upon a person and which is done-…”
(d) by a husband for the purpose of correcting his wife such husband and wife being subject to any customary law in which the correction is recognised as lawful.
This is an express permission for wife-beating insofar as it does not cause grievous harm (S55 of the Penal Code). The defence f:-) or reasonable chastisement is that the husband and wife are subject to native law and custom that recognises such corrections.
In Nigerian English, you may beat your wife or child, as long as you do not cause “grievous harm” to them, the question now is, who measures what “grievous harm” is, does it mean you may break an arm or a leg as long as it’s not totally detached from your victim’s body, or is there a specific amount of blood, considered “grievous”?
From the above, it is apparent that Justista has no business adorning our halls of “justice”, the law in Nigeria is blind to equality, Nigerian law is not a lady ... Nigerian law is not a gentleman.
