International Women’s Day 2020: Take Action for Equality

Eze Onyekpere
The International Women’s Day 2020 focuses on the theme of an equal world as an enabled world, generational equality and realising women’s rights. It raises the poser on how to forge a gender equal world. It calls for the celebration of women’s achievement; raising awareness against bias and taking action for equality. At no time is the theme of the women’s day more relevant to Nigeria than now, in view of recent events in the last couple of weeks as well as the entrenched prejudices and discrimination littered along the corridors of our legal and policy landscape.
In the last couple of days, Justice Akon Ikpeme, an eminent jurist and the most senior judge in the Cross Rive State Judiciary who had been the acting chief judge of the state was denied confirmation by the State House of Assembly on the basis of the place of her birth. She was born in Akwa Ibom State. She had lived her life in Cross River, schooled, practiced law and got married to a man of Cross River origin and they have children who are of Cross River origin. She was qualified in every respect to be confirmed as the chief judge of the state but for the fact that she was born in a wrong state.

This denial flies in the face of section 42 (1) of the 1999 Constitution which states that a citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person:- be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions are not made subject.

Justice Akon Ikpeme has suffered discrimination on the grounds of sex and place pf origin. Unfortunately, she may not get redress for this obvious violation because the legislature has a discretion to exercise in matters of confirmation of candidates for high level political and judicial positions.

As a member of the civilized comity of nations who have subscribed to the International Bill of Rights comprising of the Universal Declaration on Human Rights, the International Covenants on Civil and Political Rights and Economic, Social and Cultural Rights, Nigeria affirms the fundamental principles of non-discrimination, equality, human dignity, rights and fundamental freedoms for all, as provided in these standards.

Nigeria is also a state party to the African Charter on Human and Peoples’ Rights as well as the Convention on the Elimination of all Forms of Discrimination against Women. In all these standards, Nigeria voluntarily stated its intention to eliminate discrimination on grounds of sex and to treat men and women equally in recognition of their human dignity.

Nigeria is notorious for high rates of child marriage. Girl children under the age of eighteen and sometimes as low as thirteen are given away in marriage without their consent and this has disastrous consequences for their health, right to life, education and ability to acquire a means of livelihood. With bodies not yet developed for child-bearing; health complications are rife which sometimes results in death of under aged mothers and their children. Forcing an underage girl into marriage at a time she should be learning life skills in a school truncates her right to free, compulsory basic education and a poorly educated mother or one without education is a candidate for the perpetuation of poverty. Of the over 13 million out of school children in Nigeria, close to 70percent are girls. Nigeria bears the badge of shame of contributing immensely to overall world figures of maternal and child mortality and morbidity and almost contributing 40 per cent of vesico vaginal fistula health challenge worldwide. VVF deprives most of its victims of their dignity and reduces their personhood to a mere vegetative state.
Under international standards including the Convention on the Elimination of all forms of Discrimination against Women binding on Nigeria and a correct interpretation of Nigerian law, marriage can only be entered with the full and free consent of both parties, such consent to be expressed in person without coercion and undue pressure.

Nigeria is also under obligation to prescribe a minimum age for marriage and this must be the age of majority. By section 21 of the Child Rights Act, no person under the age of 18 years is capable of contracting a valid marriage and accordingly, a marriage so contracted is null and void and of no effect whatsoever. Although it is acknowledged that Child Rights Act needs domestication at the state level, any age lower than 18 in terms of defining a child will not be in accordance with best practices.
This definition is particularly important for the girl child. Further, in this day and age, some Nigerian states under the Penal Code still have penal provisions that allow a man to beat his wife “for the purpose of correction”. This encourages violence against women and the denial of their dignity.
In taking action for equality, the Cross River State House of Assembly should reconsider its decision and take action to restore Justice Ikpeme to her rightful position. It is no too late to correct a wrong. The states that are yet to domesticate the Child Rights Act should do so immediately without altering any of the fundamental clauses including the proper age of marriage and age of majority.

The full implementation of the universal, compulsory and free basic education programme for all, with a special focus on the girl child, being the most vulnerable group should be prioritised. Laws and policies that encourage discrimination and violence against women should be repealed and consigned to the dustbin of history.
Finally, the federal, state and local governments must be seen to be taking concrete and targeted steps towards fulfilling the human rights of women through adequate budgetary resources which are fully released and utilized in a value for money approach to enhance the respect, protection and fulfilment of the rights of women and the girl-child.