INVESTIGATION: Nigeria's Constitutional Review May Fail to Include Key Gender Issues

• As NASS, Political Parties Leave Women Behind

In the corridors of Nigeria's National Assembly and within the echelons of its political parties, a critical oversight looms large as the nation embarks on its latest constitutional review. Despite strides towards inclusivity, the specter of exclusion persists, particularly concerning pivotal gender issues. As lawmakers prioritize issues to review in the ongoing Constitutional Amendment process, the glaring absence of women's voices threatens to undermine the very fabric of equitable governance. This investigative report by 'Seun Ibukun-Oni delves deep into why Nigeria's constitutional review risks sidelining key gender concerns, illuminating the repercussions for a nation striving for true democratic representation.

Historical Perspective

Since Nigeria's return to democratic governance in 1999, the exclusion of women from elective positions has been a persistent issue, with data revealing a concerning trend of underrepresentation. In the first democratic elections of 1999, women constituted a mere 3.1% of the National Assembly, with only 12 women elected out of 469 seats. This initial figure set a low baseline for female political participation, reflecting the deep-seated gender biases and systemic barriers women face in Nigerian politics.

Over the subsequent election cycles, the situation has shown only marginal improvements, with occasional regressions. By 2015, the proportion of women in the National Assembly had risen slightly to 5.6%, with 26 women holding seats. However, this modest increase did not signify a substantial shift in the political landscape. In the 2019 elections, the number of women in the National Assembly dropped to 21, representing just 4.5% of the total seats. This decline highlighted the ongoing challenges and setbacks women encounter in their quest for political representation, including financial constraints, lack of party support, and cultural stereotypes that favor male leadership.

The 2023 elections further underscored the entrenched exclusion of women from elective positions, with only 18 women elected to the National Assembly, making up a dismal 3.8% of the total seats. This decrease from previous years indicates a troubling trend of diminishing female representation in Nigeria’s political sphere. The continued low numbers of women in elective offices emphasize the urgent need for comprehensive strategies to address the structural and cultural barriers hindering women's political participation. Without significant intervention, the goal of achieving gender parity in Nigeria's political landscape remains a distant reality.

To address this issue, five Gender Bills were introduced to the National Assembly for inclusion in Nigeria's Constitutional Amendment in the 9th Assembly, aiming to rectify the systemic barriers that women face in attaining equal rights and representation. However, these bills were rejected. The rationale behind their rejections is highlighted below:

Overview of the Rejected Gender Bills

1. Citizenship Bill:

This bill sought to amend Section 26 of the 1999 Constitution to grant Nigerian citizenship to foreign-born husbands of Nigerian women. Under the current law, only foreign women married to Nigerian men can be granted citizenship. Opponents argued that the bill could lead to security issues and exploitation of Nigerian women by foreign men seeking citizenship.

2. Indigeneity Bill:

This bill proposed an amendment to Section 31 and 318 to allow a woman to claim her husband’s state of origin after five years of marriage. This change aimed to address issues of discrimination against women who marry outside their state of origin. Critics claimed the bill could complicate issues of resource allocation and indigeneity, potentially leading to conflicts over state benefits and rights.

3. 35% Affirmative Action Bill:

The bill aimed to amend Sections 65, 106, 131, and 147 to create a mandatory quota system, ensuring that 35% of elected and appointed positions are occupied by women. The main argument against this bill was that it would undermine the merit-based system and potentially lead to unqualified individuals being appointed to critical positions.

4. Ministerial and Commissioner Nominees Bill:

This bill sought to mandate that at least 35% of ministerial and commissioner nominees be women. Detractors argued that imposing such quotas could limit the pool of qualified candidates and that appointments should be based on competence rather than gender.

5. Affirmative Action in Political Party Administration Bill:

This bill aimed to ensure that 35% of leadership positions within political parties are reserved for women, thereby promoting greater female representation in political processes. Opponents contended that internal party administration should not be dictated by constitutional amendments, emphasizing the need for organic growth of female representation within parties.

Despite paying lip service to gender-related issues, investigation revealed a worrying neglect in the 10th Assembly. Not a single gender-related bill among the twenty-five bills passed during the first-year anniversary across both chambers of the National Assembly.

Available records of the House performance in the year obtained showed that out of a total of 1,188 Bills, 243, representing 20.1 percent of the pieces of legislation have passed, no single Gender Inclusion Bill graced the green chamber.

The only gender-related Bill during the first year of the 10th Assembly is the Mandatory Inclusion of Preventive Measures and Teachings on Sexual Gender-Based Violence into the Curriculum of All Levels of Secondary Schools in Nigeria Bill 2023.

Some Bills passed during the first session and assented to by President Bola Tinubu include: Electric Power Sector Reform Act (Amendment) Bill, 2023; Nigeria Hunters and Forest Security Service (Establishment) Bill, 2023; Federal Audit Service Bill, 2023; Control of Small Arms and Light Weapons Bill, 2023; Armed Forces Act (Amendment) Bill, 2023; National Assembly Library Trust Fund Act (Amendment) Bill, 2024; Student Loans (Access to Higher Education) Act (Repeal and Enactment) Bill, 2024; Judicial Office Holders (Salaries and Allowances, etc.) Bill, 2024; and Cybercrimes (Prohibition, Prevention, Etc.) Act (Amendment) Bill, 2024; Revenue Mobilisation Allocation and Fiscal Commission Act (Repeal and Enactment) Bill, 2023; National Assembly Budget and Research Office (NABRO) (Establishment) Bill, 2023; South-East Development Commission (Establishment) Bill, 2023; and National Anthem Bill, 2024.

The situation is similar in the red chamber. The Senate passed 25 out of the 447 bills introduced on its floor in its first year without any gender-inclusive bill among the lots.

Apart from the bills, the Senate arrived at 115 resolutions, and checks on the national assembly archive show non addressed gender inclusion.

The chairpersons of the Women Affairs Committees in both chambers of the National Assembly, Senator Ireti Kingibe (Labour Party) representing the Federal Capital Territory, and her counterpart in the House of Representatives, Kafilat Ogbara (All Progressives Congress) representing Kosofe Federal Constituency maintained that gender inclusion is not derailed despite the seeming silence in both chambers.

Senator Ireti Kingibe emphasized the critical need for women's full participation in democracy and the importance of addressing gender inequalities. She noted that Nigeria's low ranking on the World Economic Forum’s Gender Gap Index has far-reaching implications and pointed out the substantial economic losses resulting from gender discrimination.

Senator Kingibe added that she launched the NCLUDEHer Nigeria Initiative aimed at dismantling barriers and creating opportunities for women across all sectors. "This initiative focuses on promoting human rights, ensuring access to healthcare, education, decent work, and addressing gender-based violence.

"During a roundtable on women’s inclusion in politics, I stressed that fostering inclusivity is essential for national development, and this begins with closing significant gaps in women's political representation and starting inclusion efforts within party politics. The event also highlighted the need for systemic changes to support women's political participation."

Honorable Kafilat Ogbara, on her part, stated that increased gender inclusion in Nigeria's political landscape is non-negotiable. She emphasized the importance of implementing the 35% affirmative action for women in political appointments. She urged the Nigerian government, particularly President Bola Tinubu, to prioritize this affirmative action to enhance women's representation in governance.

Additionally, Ogbara highlighted the challenges women face in politics and called for unity and support among women to overcome these obstacles. She believes that education is crucial for empowering women and enabling their participation in politics. By addressing the issue of out-of-school girls, she argues, women can gain the education and opportunities needed to engage effectively in the political sphere.

Reacting to the increasing exclusion of women in elective positions in the country, Barrister Juliet Isi Ikhayere, a former African Democratic Party house of representatives candidate for AMAC/Bwari Federal Constituency in the 2023 Polls, said:

"From my experience as a former aspirant, several factors contribute to the increasing exclusion of women in elective positions. Firstly, there is a significant lack of political education among women, which hampers their understanding and engagement in the political process. Financial constraints also play a critical role, as many women do not have the necessary resources to run effective campaigns. Additionally, the absence of robust political structures and ideologies that support female candidates further exacerbates their exclusion. The lack of enabling laws that could facilitate greater female participation in politics is another major barrier. Lastly, deeply ingrained stereotypes against women discourage their involvement and success in political arenas.

She added, "My reaction to the rejection of the five Gender Bills in the 9th Assembly is rooted in the reasons provided for their wholesale dismissal. The lack of citizen awareness to debate and advocate for these bills nationwide significantly undermined their chances of acceptance.

"Moreover, there was an insufficient number of female legislators to vote for these bills, highlighting a glaring gender imbalance in the legislative body. The rejection also reflects a lack of political will from the elected legislators to support gender equity initiatives.

"I was not surprised by the outcome because our society has not yet reached a stage where we can effectively bring about significant change in this area. Therefore, much more work is needed in line with the reasons mentioned above to secure the approval of these bills if they are reintroduced in the future. This includes increasing public awareness, bolstering the number of female legislators, and fostering greater political commitment to gender equity."

At the political party level, the conversation about gender inclusion has been largely reduced to appeals, with all women leaders of the major political parties contacted choosing to be cautious on the subject matter.

Dr. Mary Alile, the National Women Leader of the All Progressives Congress (APC), said her commitment to enhancing gender inclusion within the party and broader Nigerian society is never in doubt. She emphasized the need for women to be active partners with men, rather than being viewed as inferiors, and aims to foster unity and motivation among women in politics.

Dr. Alile praised President Bola Tinubu for his efforts to increase female representation in his administration, urging for an even greater presence beyond the current 35% affirmative action goal. Asked about the rejected Gender Bills, she said, "I am dedicated to pushing for inclusive policies and engaging in capacity-building initiatives to empower women at all levels.

"I also plan to collaborate closely with the First Lady, Senator Oluremi Tinubu, to further the interests of Nigerian women and ensure their voices are heard in governance."

Despite Mrs. Dudu Manuga, the National Women Leader of the Labour Party's public advocacy for gender inclusion in the political landscape, she is uninformed about the content of the rejected Gender Bills in the 9th Assembly and its impact on the country.

Implications in the ongoing Constitutional Amendment

Deputy Speaker of the House of Representatives, Benjamin Kalu, has emphasized the importance of addressing gender imbalance as part of the ongoing constitutional amendment process in Nigeria. Speaking at various events, Kalu highlighted the need to increase women's representation in politics and public life, recognizing the crucial roles women play in advancing society.

Kalu noted that the current global average of women holding parliamentary seats stands at 25.5%, which he described as insufficient. He expressed the commitment of the House Committee on Constitution Review, which he chairs, to include measures that would enhance gender equality. These measures may involve innovative solutions such as seat reservations for women to bridge the gender gap in political representation.

The Deputy Speaker's comments reflect a broader effort to ensure that the constitutional amendments will promote inclusivity and empower women at all levels of governance. However, gender advocates have pushed for this initiative to be adopted as a larger agenda by the 10th House of Representatives to address gender biases and work towards a more equitable society.

A gender advocate, Affiong Otu, stressed that stifling the space against gender inclusion in the country has significant implications. These implications she broadly categorized into political, social, and economic dimensions.

"The rejection of bills aimed at increasing female representation in political offices means that women continue to be underrepresented in governance. This underrepresentation hinders the ability of women to influence policy and advocate for gender-sensitive legislation.

"Without legal mandates, achieving gender parity in political appointments and elected positions remains challenging. The existing patriarchal structures and socio-cultural norms continue to impede women's political participation.

"The rejection of these bills reinforces existing gender inequalities and sends a message that gender inclusion is not a legislative priority. This can discourage efforts to address gender-based discrimination and violence.

"Denying women the ability to confer citizenship to their foreign spouses or claim their husband's state of origin limits their rights and perpetuates gender-based discrimination.

"Limited political representation and gender-based discrimination in various spheres can have adverse economic impacts on women. Ensuring equal representation and rights is crucial for women's economic empowerment and overall national development.

"Finally, studies have shown that gender diversity and inclusion contribute to economic growth. By failing to address gender disparities, Nigeria misses out on the potential benefits of a more inclusive and diverse workforce."

The Way Forward

Addressing gender inclusion in Nigeria, according to investigation, requires a multifaceted approach that involves legislative, institutional, and societal changes.

Ikhayere opined, "Advocacy groups and lawmakers should continue to push for the reintroduction and passage of gender-inclusive bills. Public awareness campaigns can help garner support for these legislative efforts.

"Addressing deeply ingrained socio-cultural norms that perpetuate gender inequality is crucial. This can be achieved through education, public awareness campaigns, and the promotion of positive role models."

A broad opinion from investigation revealed that partnerships with civil society organizations, international agencies, and the private sector can provide additional support and resources for gender inclusion initiatives.

Conclusion

Nigeria stands at a crossroads where the integrity of its constitutional review process hinges on addressing fundamental gender disparities. The evidence presented underscores a disheartening reality: despite incremental progress in political participation, women remain marginalized in the corridors of power and influence. As the nation navigates these constitutional waters, it is imperative for policymakers and stakeholders to recognize that true democracy necessitates the active inclusion of all voices. The exclusion of key gender issues not only perpetuates systemic inequities but also undermines the nation's aspirations for inclusive governance. Moving forward, concerted efforts must be made to ensure that Nigeria's constitutional framework reflects the diverse needs and aspirations of its entire population, paving the way for a more just and equitable society.

• “This investigation is for the GENDER, THE AGENDA project for Gender Strategy Advancement International (GSAI) supported by the Wole Soyinka Center for Investigative Journalism (WSCIJ), and the MacArthur Foundation”.