A gender critique of liberal feminism and its impact on Nigerian law

Abstract

Any critique of Nigerian law must recognise that it is derived from several principles which do not accord equal weight to questions of rights. There are the common law principles which constitute the bulk of Nigerian law. Interwoven with these are concepts of customary or native law which incorporate Islamic principles and practices as part of the custom of the people. There are also emerging ideas of constitutionalism against which all of Nigerian law must be assessed. Feminist critiques of Nigerian law have invariably focused attention on the vestiges of customary law precepts in such areas as inheritance, women’s rights and widowhood rights. In several cases, Nigerian courts have declared that particular customs cannot stand in view of the position on equality expressed in the Constitution. But feminist arguments go beyond questions of marginalisation in problems of inheritance and address the same issues that one encounters in critiques by Western feminists. The need to be part of the global feminist discourse is emphasised while remaining conscious of the specific Nigerian issues which have arisen.