Nigerian Courts and Human Rights Jurisprudence: Promoting Non-Discrimination in the Context of Women’s Rights

Abstract

This paper explores the role of the Nigerian judiciary in upholding interna tional human rights laws and principles in their adjudicatory functions concern ing protection of the rights of women. In Nigeria, women make up about 49% of the population.1 In 2019, the estimated population of Nigeria is over 200.96 mil lion, ranking 7th in the world.2 The Office of the High Commissioner on Human Rights states that “Despite various efforts and concerns shown by local and inter national human rights groups, women who account for almost half of the entire population, generally lagged behind in all aspects of life (economically, socially, politically and intellectually)”.3 Human rights of women, as a vulnerable group, have been captured in several regional and international conventions, and Nige ria is a party to several treaties that protect these rights. This paper reflects on how the Nigerian judiciary has, through various judicial pronouncements received, responded and interacted with international human rights law and principles in the context of promoting and protecting women’s rights and developing robust jurisprudence thereto. Ten (10) Nigerian superior court judgments on protection of women from discrimination are considered, on whether they confront barriers that promote discrimination and inequality, and how the courts could strengthen their judgments with international human rights treaties as done through the Indi an Supreme Courts best practice cases on judicial activism.