Introduction
In courtrooms across Nigeria, important shifts are taking place. Female judges have cited constitutional provisions to invalidate long-standing inheritance customs. A senator who said she was silenced for speaking out has taken her case to the United Nations. A widow in Anambra who refuses to be thrown out of her late husband’s home may be able to look to the law for protection. Rights that once existed only on paper are increasingly being tested and, in some cases, enforced. Yet many Nigerian women still do not know what those rights are or where to turn when those rights are violated.
This article is intended as a public legal awareness guide. Whether you are a professional navigating workplace harassment, a widow facing disinheritance, a woman seeking protection from abuse, or a citizen trying to understand the legal position, it explains the main protections available, what they may mean in practice, and where you may be able to seek help.
I. The Legal Architecture: What Protects You
An interlocking system of constitutional guarantees, legislation, and international commitments protects Nigerian women. Understanding this framework is an important first step because it helps explain both what rights exist and how those rights may be enforced.
Section 42 of the 1999 Constitution (as amended) prohibits discrimination on grounds of sex or circumstance of birth. This foundational guarantee is the constitutional backbone for virtually every women’s rights claim in Nigeria. Section 34 of the Constitution further guarantees the dignity of every person; a provision courts have applied in cases of domestic violence and degrading treatment.
- Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) – The Women’s Magna Carta:
Nigeria ratified the Convention on the Elimination of All Forms of Discrimination Against Women in 1985. Courts have cited it in landmark judgments, including Mojekwu v. Mojekwu, in which the Enugu Division of the Court of Appeal relied on CEDAW to strike down a discriminatory inheritance custom.
- The African Charter on Human and Peoples’ Rights:
Nigeria is a signatory, and the Charter is domesticated via the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9 LFN 2004. Article 18(3) specifically obligates states to eliminate every form of discrimination against women.
- Nigeria’s Plural Legal System:
Customary law and Sharia law operate alongside statutory law and common law in Nigeria. Courts apply a repugnancy test; customs that are repugnant to natural justice, equity, and good conscience, or that are incompatible with any statute, are inapplicable. This doctrine has been a critical tool for dismantling discriminatory practices.
What this means in practice is that not every custom will be upheld simply because it is longstanding. Where a custom discriminates against women or conflicts with a constitutional or statutory protection, a court may decline to enforce it.
II. Protection from Violence: The Law is on Your Side
Gender-based violence (GBV) remains one of the most serious challenges facing Nigerian women. The legal framework has developed significantly, although protection and enforcement still vary across jurisdictions and institutions.
At the federal level, the Violence Against Persons (Prohibition) Act 2015 (VAPP Act) is Nigeria’s most comprehensive anti-violence legislation to date. It creates a broad framework for protection and criminalises a wide range of conduct, including the following:
- Protection from physical, sexual, psychological, and economic abuse
- Protection from stalking, harmful widowhood practices, and forced financial dependence
- Protection from female genital mutilation (FGM)
- Protection from abandonment of a spouse, child, or dependent without means of sustenance
- Protection from emotional, verbal, and non-verbal abuse
Section 1(1) of the VAPP Act
This defines rape to include the intentional, non-consensual penetration of the vagina, anus, or mouth. Section 1(2) provides the penalties. In general, the offence is punishable by life imprisonment. Where the offender is under 14 years of age, the maximum penalty is 14 years’ imprisonment. In other cases, the minimum sentence is 12 years’ imprisonment without the option of a fine. In cases of group rape, offenders are jointly liable to a minimum of 20 years’ imprisonment without the option of a fine. The court may also award compensation to the victim.
In practice, this means a survivor may have both criminal and protective remedies available, depending on the facts and the jurisdiction. In some cases, the police, a court, or a recognized support organization may be able to assist with immediate protective steps while criminal proceedings are pursued.
The Battle to Protect the VAPP Act
In July 2024, a bill to repeal and re-enact the VAPP Act passed its second reading at the National House of Assembly. The proposed repeal triggered immediate concern among women’s rights advocates, civil society organizations, and legal practitioners. Critics warned that repealing the Act, even with a promised re-enactment, could create legislative gaps or weaken existing protections if not handled with care. As of the time of this publication, the bill had been referred to the Committee on Judiciary, Human Rights, and Legal Matters. This is a development to watch closely, but it has not yet changed the current legal position.
III. Workplace Rights: When Power Becomes Abuse
The workplace is where many Nigerian women first encounter systematic gender discrimination. The law prohibits it. The Constitution’s equality guarantee, reinforced by the Labour Act and the VAPP Act, entitles every woman in employment to:
- Equal pay for equal work and freedom from gender-based employment discrimination
- Maternity leave of at least twelve weeks, six of which must follow delivery, under section 54 of the Labour Act
- Protection against sexual harassment and hostile work environments
- A working environment that should be free from intimidation, coercion, and abuse
The Natasha Akpoti-Uduaghan Matter: In February 2025, Senator Natasha Akpoti-Uduaghan, the first elected female senator for Kogi Central and one of only four women in Nigeria’s Senate, alleged publicly that Senate President Godswill Akpabio had subjected her to sexual harassment. Senator Akpabio denied the allegations. In March 2025, the Senate suspended Senator Akpoti-Uduaghan for six months following proceedings connected to an earlier dispute over seating arrangements and the handling of her petition. She subsequently took the matter to the Inter-Parliamentary Union at the United Nations in New York, arguing that her suspension was unjust and retaliatory. Because these events involve disputed allegations and continuing public controversy, they are best understood here as an example of the institutional barriers that may confront women who speak out, rather than as a concluded legal determination.
“Against the culture of silence, intimidation, and victim-shaming, my unjust suspension from the Nigerian Senate invalidates the principles of natural justice, fairness, and equity.” Senator Natasha Akpoti-Uduaghan, March 2025
The matter has prompted a broader national conversation about structural barriers that can silence women in professional and political spaces. It also raises difficult institutional questions about procedure, independence, and conflict of interest where the accused person holds significant authority. If you experience harassment at work, possible avenues may include internal reporting procedures, a report to the police where a criminal offence is alleged, or proceedings before the National Industrial Court where the claim arises out of employment.
IV. Property & Inheritance Rights: The Courts Are Listening
Perhaps no area of women’s rights in Nigeria is more contested or more consequential than property and inheritance. For generations, customary law in many communities denied daughters and widows the right to inherit land and family property. The judiciary has increasingly scrutinized and limited these practices.
Landmark Cases That Changed the Law
Mojekwu v. Mojekwu [1997]: The Enugu Division of the Court of Appeal unanimously struck down the Nnewi Oli-ekpe custom, which entitled a brother’s son to inherit a deceased man’s property to the exclusion of his daughters. The court held the custom repugnant to natural justice, equity, and good conscience, and inconsistent with CEDAW.
Ukeje v. Ukeje [2014]: In a watershed ruling, the Supreme Court held that Igbo customary law, which disentitles a female child from sharing in her deceased father’s estate, is in breach of Section 42(1) and (2) of the 1999 Constitution. The court’s message was unequivocal: no child, regardless of sex, shall be denied their inheritance by custom.
Nzekwu v. Nzekwu [1989]: The Supreme Court confirmed that a widow has the right to continue occupying her deceased husband’s property and cannot be evicted by the husband’s family, regardless of whether she has male children.
These cases show a clear judicial movement away from discriminatory inheritance rules. Even so, enforcement remains uneven. In practice, some families and communities continue to apply discriminatory customs despite these decisions. A woman whose inheritance or occupancy rights are threatened should seek legal advice as early as possible, because timely court intervention may be necessary to protect those rights.
V. Marital and Family Rights: What the Law Requires
Marriage and family life are governed by a combination of statutory law, customary law, and, in some cases, Sharia law, depending on the form of marriage. The applicable rules may therefore differ, but several core protections are especially important.
Consent: Statutory marriages require the full and free consent of both parties. Child marriage remains a significant challenge. While the Child Rights Act 2003 sets 18 as the minimum age of marriage, it has not been domesticated by all states, creating dangerous legal gaps, particularly in northern Nigeria.
Divorce: Under the Matrimonial Causes Act 1970, a spouse may petition for dissolution of marriage on grounds of irretrievable breakdown, evidenced by factors such as adultery, cruelty, desertion for two years, or separation for two years with consent. Courts are obligated to consider the welfare of children in any dissolution proceeding.
Maintenance: Courts can award maintenance to a spouse who is unable to support themselves, regardless of who filed for divorce. Economic abuse, the deliberate deprivation of financial resources by a partner, is also now specifically criminalized under the VAPP Act.
Child Custody: Nigerian courts are guided by the best interests of the child standard. The sex of the parent is not a determining factor. Courts consider factors including the child’s age, the emotional bond with each parent, stability, and the child’s own expressed wishes, where the child is of sufficient maturity.
VI. Access to Remedies: Where to Turn
Knowing your rights is only the beginning. Enforcement depends on access to institutions that can hear complaints, grant protection, or provide practical support. The following avenues may be available to Nigerian women, depending on the issue involved.
The Courts: The High Courts of each state, the Federal High Court, and the National Industrial Court all handle women’s rights cases. The Family Courts in states like Lagos are specifically designed to handle domestic and matrimonial matters with sensitivity.
Legal Aid: The Legal Aid Council of Nigeria provides free legal services to persons who cannot afford representation, and its mandate includes assistance to women and other vulnerable persons in appropriate civil and criminal matters.
The International Federation of Women Lawyers (FIDA) Nigeria: FIDA is one of Nigeria’s most effective women’s rights organizations. It operates legal aid clinics, provides free counselling, and litigates strategic cases to advance women’s rights. FIDA’s branches operate across all geopolitical zones.
The National Human Rights Commission (NHRC): The NHRC investigates human rights violations and can receive complaints from individuals whose rights may have been breached. Its complaint processes are designed to be accessible and do not necessarily require a lawyer at the initial stage.
The Police and SGBV Response Units: Many state police commands now have Sexual and Gender-Based Violence (SGBV) desks. While institutional capacity remains uneven, these units are intended to handle GBV complaints more sensitively and can be an important first reporting point in urgent cases.
Civil Society Organizations: Organizations such as Project Alert on Violence Against Women, Mirabel Centre Lagos, Women’s Aid Collective (WACOL), and Stand to End Rape (STER) provide shelters, psychosocial support, medical referrals, and legal assistance to survivors of abuse.
Conclusion: Knowledge is a Legal Right
The Nigerian legal system, for all its imperfections, contains powerful tools for the protection and advancement of women’s rights. The central challenge is often not the absence of legal rules, but awareness, access, and the practical will to enforce them. The decisions in Ukeje, Mojekwu, and Nzekwu were not symbolic gestures; they were won through litigation, persistence, and the refusal of women to accept injustice as custom.
Senator Akpoti-Uduaghan’s decision to speak publicly about alleged harassment, despite the institutional cost she says followed, is a reminder that accountability often begins when silence ends. The proposed repeal and re-enactment process concerning the VAPP Act is also a reminder that legal protections should not be treated as permanent or self-executing. They must be defended, understood, and used. Knowledge of the law is therefore not merely empowering; it is often the first practical step toward protection and justice.
Author
Chiamaka Sophia Okpara-John
Trainee Associate
Rosewood Legal
cokpara-john@rosewoodlegal.com
Co-author
Lateefat Omotomilola Hakeem-Bakare
Principal Partner
Rosewood Legal
lhakeem-bakare@rosewoodlegal.com
Published on Monday, June 15, 2026
References:
Constitution of the Federal Republic of Nigeria 1999 (as amended)
Violence Against Persons (Prohibition) Act 2015
Labour Act, Cap. L1, Laws of the Federation of Nigeria 2004
Matrimonial Causes Act, Cap. M7, Laws of the Federation of Nigeria 2004
Marriage Act, Cap. M6, Laws of the Federation of Nigeria 2004
Child Rights Act 2003
Legal Aid Act 2011
African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap. A9, Laws of the Federation of Nigeria 2004
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol)
United Nations Declaration on the Elimination of Violence Against Women
Case law
Mojekwu v. Mojekwu (1997) 7 NWLR (Pt. 512) 283 (CA)
Ukeje v. Ukeje (2014) 11 NWLR (Pt. 1418) 384 (SC)
Nzekwu v. Nzekwu (1989) 2 NWLR (Pt. 104) 373 (SC)