







































ILOKA: Affirmative Action and the Role of Lawyers in Fostering Women’s Participation in Election Processes 

in Nigeria: A Critical Analysis 

 

11 

AFFIRMATIVE ACTION AND THE ROLE OF LAWYERS IN FOSTERING WOMEN’S 

PARTICIPATION IN ELECTION PROCESSES IN NIGERIA: A CRITICAL ANALYSIS* 

 

ABSTRACT 

This study focused on ‘A Critical Analysis of Affirmative Action vis-à-vis the Role of Lawyers in Fostering 

Women’s Participation in Election Processes in Nigeria’ as its broad objective which also defined the scope and 

limitation of the study. The research methodology was doctrinal approach, using expository and analytical 

research design. The main sources of data collection were various legal literatures, both from the physical 

library and the e-library. For the summary of findings, it was submitted that discrimination against women 

resulting in their exploitation was traced to so many militating factors not limited to patriarchal hegemony, and 

that due to these many social ills against women, a few number participate in electoral activities in various 

forms. It was therefore observed among others that the active participation of women, on equal terms with men, 

at all levels of decision-making in election processes is essential to the achievement of equality and sustainable 

development, peace and democracy. Sequel to these, the researcher made some recommendations that lawyers 

who are legislatures should revive the affirmative action bills concerning women and ensure their passage into 

law, the National Assembly should amend the Constitution to explicitly define the distinct roles of women in 

Nigerian election processes, lawyers who are heading government parastatals should discourage any 

discriminatory policy against women, also the Magistrates, Judges, and Justices should be committed in 

delivering sound judgments in matters pertaining to discrimination against women to form  part of the Nigerian 

Legal System. Finally, this work is significant to scholars of jurisprudence, feminism and human rights, legal 

practitioners, politicians and political scientists, as well as the judges/justices in any case relating to women 

democratic rights. 

 

Keywords: Affirmative Action, Women’s Participation, Electoral Processes, Role of Lawyers, Nigeria 

 

1. Introduction 

The exclusion or restriction of women’s participation in election processes as their democratic right in relation 

to affirmative action has prevailed in the antiquity. Even when democracy had birth ancient Athens in 5 th 

Century BC, the exclusion of women from electoral participation and decision making existed. The Athenian 

women had no right to vote or to participate in the democratic processes and they were not considered as 

citizens.1 Even in European countries, women had neither a right to political participation nor involved in the 

decision making and public affairs up until the beginning of 20th Century. Therefore, women franchise right is 

not recognized in the first wave of democratization (1828–1926) in many of European countries.2 As in the case 

of Nigeria, women’s status in election processes and public sector is a very recent phenomenon and still their 

participation is very low. They are still largely underrepresented in decision-making at all levels.3 They have 

also not made major progress in attaining political power in legislative bodies and the executives. The number 

of elected women into government posts is still low.4 More and more women are engaged in formal 

employment, but are underrepresented in middle and higher management positions. The number of women 

leaders and decision makers at the various levels of the decentralized government structure does not measure up 

the percentage of their men counterpart.5 Therefore, for a variety of reasons, women tend to be reluctant to 

 
*By Chinwe Patricia ILOKA, BA(ED), LLB, BL, LLM, PhD, Lecturer, Faculty of Law, Chukwuemeka Odumegwu 

Ojukwu University, Anambra State, Nigeria. Email: chypat4@gmail.com, cp.iloka@coou.edu.ng. Telephone: 08035696281. 

This is a paper originally presented by the author during the Nigerian Bar Association (NBA) Nnewi Branch Law Week 

2022 held at Conv-Aj Event Center Nnewi, Anambra State Nigeria, 23rd – 25th June, 2022. 
1M Khadar, Women Political Participation and Decision Making (Hargeisa, Somaliland, 2013) 66. 
2R Hague and M Harrop, An Introduction to Comparative Government and Politics (Hitman Publishers and Co., 2004) 78. 
3Ministry of Labour and Social Affairs (MoLSA), Gender Mainstreaming Manual for Labour and Social Affairs Sector 

(2012) 86, The participation of women in political decision making positions was recognized as a electoral right after the 

adoption of the Universal Declaration of Human Rights (UDHR) in 1948. Articles 2 and 21 of UDHR stipulate equal 

enjoyment of political rights without discrimination on the basis of one’s sex or any other ground. Even in most of western 

states women franchise right is not recognized in the first wave of democratization except in USA, Britain and some 

European countries. Like many world countries, the majority of women in Nigeria has also been deprived of social, 

economic and political rights and held low status in the society for much history of the country. They have been denied equal 

access to education, training and gainful employment opportunities and their involvement in policy formulation and decision 

making processes have been minimal. 
4The Report of the Nation-wide Gender Data Capture written by the National Centre for Women Development in July 2009 

very rightly concluded that ‘Even though there is a gradual increase of female elected and political appointees in 2003 and 

2007, the margin is still very wide compared to the requirements of the…Convention on the Elimination of All Forms of 

Discrimination Against Women and the National Gender Policy’. J Egwurube, Challenges Facing Women Empowerment in 

Contemporary Nigeria (Bankwell Publishers, 2011) 142-143 
5Ibid, 67. 

mailto:chypat4@gmail.com
mailto:cp.iloka@coou.edu.ng


African Customary and Religious Law Review (ACARELAR) 4 (2023) 

 

12 

become political candidates, even with the intervention of domestic (like the minority rule)6 and international 

bodies for this cause. The only woman presidential aspirant, Uju Ken Ohanenye, stepped down for Asiwaju 

Bola Ahmed Tinubu a day to All Progressive Congress (APC) Presidential primary7. Also, the only female 

presidential aspirant for Peoples Democratic Party (PDP) Terila Diana Oliver got only one vote.8 Thus, most 

legal feminists, human right activists, political scientists, and jurisprudence scholars have delved into this 

matter, but with no concentration on this particular topic, which arouses the dogmatic slumber of most lawyers. 

The existing literatures proffer little or no solutions to this quandary, because the roles of lawyers on this subject 

matter have not met a radical invocation. With these backdrops, it is therefore, the concern of the researcher in 

this paper to critically analysis affirmative action and the role of lawyers in fostering women’s participation in 

election processes in Nigeria. 

 

2. Definition of Key Terms 

 

Women’s Participation 

Participation is a development approach, which recognizes the need to involve disadvantage segments of 

population in the design and implementation of policies concerning their wellbeing. The strengthening of 

women’s participation in all spheres of life has become a major issue in the development discourse. Hence, 

socioeconomic development cannot be fully achieved without the active involvements of women in the decision 

making level in the democratic government.9 In this milieu, women participation refers to the active involvement 

and engagement of women, both as individuals and groups, with political process that affect their lives and the 

dependents. The act of active engagements includes voting, standing for office, joining of political party or to 

taking part in the political campaigns of the political parties and to exert influence in the decision making 

process through public debates, and dialogue with the representatives they elected or through their capacity to 

organize themselves; or exercise public power by holding public office at different levels of administrations – 

local, regional, national and international.10 

 

Electoral Participation 

Electoral participation, succinctly put, is not different from the foregoing. It is understood as a prerequisite for 

political development. Hence, by improving women’s electoral participation, given that they constitute over a 

half of the world’s population may help to advance democratic and political development and improve the 

quality of women’s lives.11 In fact, without the active electoral participation of women, and the incorporation of 

women’s perspective at all levels of decision making, the goals of equality, development and peace cannot be 

achieved.12 

 

Affirmative Action 

Affirmative action refers to a set of policies and practices within a government or organization seeking to 

increase the representation of particular groups based on their gender, race, sexuality, creed or nationality in 

areas in which they are underrepresented such as education and employment.13 In this Article, affirmative action 

is solely concerned with women. 

 

 
6C Haregewoin & M Emebet, Towards Gender Equality in Ethiopia (2003) 91, For example, the government formulated 

national policy on women in 1993 with the objective of speeding up equality between men and women, so that women can 

participate in the political, social, and economic life of their country on equal terms with men, ensuring that their right to 

own property as well as their other human rights are respected and that they are not excluded from the enjoyment of the 

fruits of their labour or from performing public functions and being decision makers. 
7 O Ajayi, APC’S Sole Female Presidential Aspirant, Uju steps down for Tinubu, 

https://www.vanguardngr.com/2022/06/breaking-apc-sole-female-presidential-aspirant-uju-steps-down-for-tinubu/ Accessed 

on 17 June 2022. 
8 E Alike and C Okocha, Atiku Defeats Wike, Becomes PDP Presidential Candidate, 

https://www..thisdaylive.com//index.php/2022/05/29/atiku-defeats-wike-becomes-pdp-presidential-candidate/ Accessed on 

17 June 2022  
9AEndale, ‘Factors that Affect Women Participation in Leadership and Decision Making Position’ Asian Journal of 

Humanity, Art and Literature (2012) <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2601782> accessed on 12th May, 

2022. 
10Khadar (n1) 40. 
11N Seyedeh, K Hasnita & A Hossein, The Financial Obstacles of Women’s Political Participation in Iran (UPMIR, 2010) 

49. 
12Fourth World Conference on Women (FWCW), ‘Beijing Declaration and Platform for Action (1995)’ Online 

Database<http://www.unwomen.org/~/media/headquarters/ attachments/sections/csw/pfa_e_final_web.pdf> accessed on 

12th May, 2022. 
13Ibid. 

https://www.omicsonline.org/open-access/exploratory-study-on-achieving-sustainable-competitive-advantage-throughsupply-chain-innovation-for-strengthening-organizational-p-2162-6359-1000236.php?aid=51687
https://www.vanguardngr.com/2022/06/breaking-apc-sole-female-presidential-aspirant-uju-steps-down-for-tinubu/
https://www..thisdaylive.com/index.php/2022/05/29/atiku-defeats-wike-becomes-pdp-presidential-candidate/


ILOKA: Affirmative Action and the Role of Lawyers in Fostering Women’s Participation in Election Processes 

in Nigeria: A Critical Analysis 

 

13 

Lawyers 

Lawyers, within the Nigerian purview, are persons who have successfully passed through the rigorous process 

of training in law in the university and the Nigerian law school before being called to practice as a barrister and 

solicitor of the Supreme Court of Nigeria. Lawyers are professionals who have been trained in law to be 

versatile in many fields of human endeavours, not restricted to politics and governance. Therefore, based on the 

usage in this article, lawyers may be found as being private legal practitioners, law teachers, administrators in 

the executive arm of government, legislatures, judges and judicial staff, members of civil right organisations, 

human right activists, etc. basically, all of these categories of persons have roles to play in promoting 

affirmative action. Also, all of them, being lawyers, are members of NBA and fragments of them would be 

present in the conference. 

 

Election Processes 

This is the democratic activity engaged in to make choice of leaders to govern the people especially in the 

executive arm of government. Election processes include membership of a political party, expression of interest, 

purchase of nomination form, involvement in the actual election, emergence of winner, oath of office, swearing 

in and serving the tenure of the political office.This concept is also, like others, streamlined to women. 

 

3. Critical Assessment of Women’s Participation in Election Processes 

 

Indices of Women Participation in Election Processes 

World Economic Forum14 on gender equality world-wide buttresses a ‘positive’ appreciation of the evolution of 

women in Nigeria, using four key variables, economic participation and opportunity, educational attainment, 

health and survival, and political empowerment. In the area of economic participation of women for example, 

Nigeria moved from the 125th position out of 142 countries in 2011 to the 55th position in 2014. It occupied an 

enviable 14th position on the question of wage equality over the same period. On the criteria of health and 

survival of women, its position equally improved from the 121st to the 109th position over the same period. The 

improvement was even better in the area of political empowerment for women, from the 121st to the 102nd over 

the same period.15 In fact, women rarely have the same access to resources as men. Mba16 affirms that women's 

power and spheres of influence largely disappeared under the impact of colonialism and external religions, 

which upset existing economic and social complementarity between the sexes. Invigorating the patriarchal 

hegemony, customary laws on marriage created in response to men's anxieties about the independence of 

women transformed the previously fluid and negotiable relations between them into rigid duties and obligations 

of wives and women.17Women became field cultivators, commercial vendors and home providers.  Also, 

development plans continued to be formulated and implemented without an adequate understanding of women's 

contributions to the economy. Women were also absent from formal positions of decision-making and power.18 

 

Women Involvement in Leadership, both Elected and Political Appointments 

Instances of minority rule19 in the Nigerian political scene may be understood in the involvement of the 

following women: 

(1) Queen Amina of Zaria, was renowned for her series of conquests and political domination of parts of 

the old Northern states.20 

(2) Queen Idia of Benin provided an effective military bastion for her son, Oba Esigie of Benin 

(3) Christy Boyo was a Political Activist  

(4) FunmilayoRansome –Kuti was a Political Activist in the Western region  

(5) Madam Tinubu flourished in commercial venture in Lagos.  

(6) HajiaGamboSawaba was a Political Activist in the Northern region.  

(7) Mrs Kerry was the First woman senator in the then Midwest region.  

(8) Franca Afegbua was the Second Republic Senator in Nigeria  

 
14Global Gender Gap Index, 2020. 
15Ibid. 
16N Mba, ‘Women and Politics in Colonial Nigeria’ Paper presented at the Symposium on the Impact of Colonialism on 

Women in Nigeria (Women’s Research Documentation Centre, Institute of African Studies, University of Ibadan, 1989). 
17Ibid. 
18O W Ogbomo, ‘Women, Power and Society in Pre-Colonial Africa’ In S A Ajayi (ed.), African Culture and Civilization 

(Atlantis Books, 2005) 361. 
19Minority rule is a system of government in which the governing party of a country represents only a small proportion of the 

overall population. While the minority rule states the true nature, the affirmative action advocates for more. Wikipedia: The 

Free Encyclopedia <https://en.wikipedia.org/wiki/affirmative_action> 15th May, 2022. 
20M Babangida, Democracy and the Imperatives of Women’s Participation in Politics’ In Ayoade et al (eds) Women and 

Politics in Nigeria (Malthouse, 1992) 119. 



African Customary and Religious Law Review (ACARELAR) 4 (2023) 

 

14 

(9) Janet Akinrinade (1930-1994) was the Minister of States and National Planning in the 2nd Republic, 

during the administration of President Shehu Shagari21 

(10) Hajia LailaDogonyaro, President of the Nigerian Council for Women Societies (NCWS) and Jammiyyar 

Matan Arewa (JMA) Women Wing of the defunct Northern People’s Congress (NPC). 

(11) Prof (Mrs) Bolanle Awe founded Nigerian Council for Women Societies (NCWS)  

(12) Prof (Mrs) Grace Alele Williams was the first female Vice-Chancellor, University of Benin22 

(13) The renown Prof Dora Akunyili was a two-time Minister of the Federal Republic of Nigeria 

(14) Recently is the first Nigerian and a woman being the President of World Trade Organization (WTO), Dr. 

Ngozi Okonjo-Iweala.23 the list is in exhaustive as there are other profound women.24 

 

According to Okwuosa,25Babangida took so many affirmative actions and include women in all areas regarded 

as the exclusive concern of the men. The climax of it all was the establishment of the Better Life for Rural 

Women Programme of the first lady, Maryam Babangida.  Obi26 maintained that despite the progressive steps 

by Babangida administration towards promoting women’s participation in governance and leadership in Nigeria, 

the number of women in key policy positions remained low when compared with their male counterparts. 

According to Obi,27 only 3 women were appointed out of thirty one members of the federal executive council 

during the regime of Abdulsalami Abubakar. It is remarkably noticed that even though the military regime is 

shrouded in secrecy, the leaders at the time were pragmatic to involve women in governance. Democratic regime 

of President Shehu Shagari (1979 – 1983) gave more women a noticeable position in governance.28  But from then 

till now, women involvement in politics have been accorded more attention with the consistent agitations for 

affirmative action. There has been the National Policy on Women which is aimed at increasing the active 

participation of women in all levels of governance to such an extent that their inputs in national development 

would be recognized and appreciated.29According to Aishatu30 the policy acted as a guarantee for a future full of 

hope and promise. Following National Economic, Empowerment and Development Strategy (NEEDS)31 advice, 

women should be given 30% which later on was upgraded to 40% of all appointive positions. Women, according to 

Obi,32 are now inching for 50% representation in all elective and appointive positions. However, if the 30% demand 

was a difficult attainment till date, then the demand for upgrade to 40% and later 50% remains a dream utopia in the 

African patriarchal hegemony. 

 

Challenges of Women in Election Participation 

The lives of women in Nigeria have been profoundly affected by remarkable developments since the onset of 

economic and social decline in the 1970s and 1980s. First is the implementation of the Structural Adjustment 

Programme in 1983.33 Owning to the specific roles and positions of women within the society, they were the 

worst affected by cuts in social sector spending, where substantial costs were shifted from the state to the 

household. Therefore, women have been forced to take on an increasing burden of unpaid work in caring for the 

sick, obtaining food and ensuring the survival of their families more generally. Second is the increased civil 

strife, unrests and conflicts. United Nations Development Fund for Women (UNIFEM)34notes that most 

displaced persons and post-conflict returnees are usually women and children. Conflicts and civil unrests have 

 
21Ibid. 
22Egonmwanin, Women in Development (Ambik Press, 2002) 91. 
23 She has served as a Minister of Finance in Nigeria. 
24In other parts of the world, women like Angela of Germany and Ellen-Johnson of Liberia have also made impacts in 

feminism and featured in the monarchical life of Britain, the Netherlands, and the world over. 
25A. Okwuosa, ‘Women in Democratization Process in Nigeria: Gains and Limitations’ In Omoruyi et al (eds) 

Democratization Nigerian Perspectives, Vol. 2 (Hima and Hima Press, 1994) 289. 
26M A Obi, ‘Women’s Participation in Democratic Governance and Leadership in Nigeria’, International Journal of Studies 

in the Humanities (2007) (4). 
27Ibid. 
28The period paraded among others Mrs. Oyebola, Mrs. Ivase, Minister of National Planning/Education, and others in the 

House of Representatives and one in the Senate. 
29Ibid. 
30H Aishatu, The Cycle of Leadership: How Great Leaders Teach their Companies to Win (Tichy and Cardwell, 2006) 22. 
31 NEEDS, A NEEDS Document Reprinted by Central Bank of Nigeria (Abuja: CBN Press, 2004). 
32Obi (n24). 
33The Structural Adjustment Programme implemented in the country in 1983 emphasized demand management and supply-

oriented measures narrowly focused on export-led growth and efficiency, often to the detriment of social welfare. The 

programmes also introduced liberalization of trade regimes and of the financial sector, as well as privatization and reduction 

in the role of the state in economic life. This drastically affected mostly the women. United Nations Development Fund for 

Women (UNIFEM), TheDecade of review of The Implementation of Beijing Platform for Action (Beijing, British 

Council/Nigeria, 2004). 
34Ibid. 



ILOKA: Affirmative Action and the Role of Lawyers in Fostering Women’s Participation in Election Processes 

in Nigeria: A Critical Analysis 

 

15 

increased violence against women and worsened the social and economic conditions under which they live. 

Third is the Acquired Immune Deficiency Syndrome (AIDS) crisis, high and increasing rates of Human Immune 

Virus (HIV) infection and the costs in human lives. United Nations Development Programme (UNDP)35 reports 

that just over half of the estimated 20 million cases of HIV in Africa are female. Women and girls are 

particularly vulnerable because of their lack of power over their sexuality and reproductive functions. Other 

impediment factors in effective participation of women in politics include Socio-cultural factors, religious, 

economic, gender roles, patriarchy, family work and time constraints, education and training, lack of proper 

awareness on political activities and women’s own factors, child marriage, limited access to resources, 

traditional practices, time of meeting by political parties and the rest. Irrespective of the existence of many 

gender-sensitive and gender-responsive institutional mechanisms put into place by public authorities in Nigeria, 

we believe that the global environment in which Nigerian women live is predominantly woman indifferent and 

woman depreciating even if not openly woman hostile. 

 

4. The Place of Lawyers in Fostering Positive Responses to Women Participation tn Election 

 

Affirmative Action Argument 

Affirmative action refers to a set of policies and practices within a government or organization seeking to 

increase the representation of particular groups based on their gender, race, sexuality, creed or nationality in 

areas in which they are underrepresented such as education and employment.36Democratic governance is almost 

everywhere a male-oriented, male-dominated enterprise and female political participation is as such not good as 

expected. In today’s discussion of women’s political representation, there are different important arguments. The 

justice argument argues that women account for approximately half the population and therefore have the right to 

be represented as such. The experience argument posits that women’s experiences are different from men’s and 

need to be represented in discussions that result in policy-making and implementation.37 These different 

experiences mean that women ‘do politics’ differently from men. The interest argument posits that the interests of 

men and women are different and even conflicting and therefore women are needed in representative institutions 

to articulate the interests of women. The symbolic argument says that every female politician acts a role model 

for all women, regardless of political views or party membership and will attract other women to the electoral 

arena. The critical mass argument states that women are able to achieve solidarity of purpose to represent 

women’s interests when they achieve certain levels of representation.38 Finally, lawyers in the democracy 

argument or movement uphold that the equal representation of women enhances the democratization of 

governance in both transitional and consolidated democracies.39 All of these arguments succinctly deal with the 

importance of women’s participation and inclusion in election processes. Sequel to this, women need to be 

included significantly with men in every election process. 

 

Descriptive (Numeric) Representation Theory 

Descriptive representation deals with widely acceptable share of seats in parliament as an indicator of political 

inclusion in society for a category such as women. The term descriptive representation denotes representation on 

the basis of common characteristics and share experience, for instance representing some one based on gender 

or class can be categorized as descriptive representation of women.40 Women’s descriptive representation is 

albeit low. Lawyers expressed concerns about women being brought into governance machineries without being 

able to make any significant shifts in the status of women or policy frameworks to address women’s rights, what 

is often seen as co-optation.41 

 

 

 

 
35United Nations Development Programme (UNDP), World Bank Report, Human Development Report. Any Society 

Committed to Improving the Lives of its People must also be Committed to Fully Equal Right for All (Washington D.C., 

2008). 
36Aishatu (n28) 222. 
37P Norris and R Inglehart, ‘Cultural Barriers to Women’s Leadership: A Worldwide Comparison,’ International Political 

Science Association World Congress<https://www.omicsonline.org/searchresult.php?keyword= parliament> accessed 12th 

May, 2022. 
38Ibid. 
39Expert Group Meeting (EGM), ‘Equal Participation of Women and Men in Decision-Making Processes, with Particular 

Emphasis on Political Participation and Leadership’ Online Database <http://www.un.org/womenwatch/daw/egm/eql-

men/FinalReport.pdf> accessed on 12th May, 2022. 
40L Wangnerud, ‘Women in Parliaments: Descriptive and Substantive Representation’ (2009) (12) Annual Review of 

Political Science, 35-42. 
41Ibid. 

%20'Equal%20Participation%20of%20Women%20and%20Men%20in%20Decision-Making%20Processes,%20with%20Particular%20Emphasis%20on%20Political%20Participation%20and%20Leadership
%20'Equal%20Participation%20of%20Women%20and%20Men%20in%20Decision-Making%20Processes,%20with%20Particular%20Emphasis%20on%20Political%20Participation%20and%20Leadership


African Customary and Religious Law Review (ACARELAR) 4 (2023) 

 

16 

Substantive Representation Theory 

Substantive representation deals with women’s interests, gender equality and rational behind women 

representation. A core idea in this strand of research is that there are certain interests and concerns that arise 

from women’s experiences and that these will be inadequately addressed in a politics that is dominated by men. 

In research on substantive representation of women, an aspect of politicization is introduced. It is commonly 

argued that societies will not achieve equality between women and men by simply disregarding gender-related 

differences.42 In more concrete terms, substantive representation is about the impact of women in decision-making 

positions on policy formulation and implementation. Policies can be aimed at gender mainstreaming or can 

explicitly advance agendas for gender equality in one area of policy. Women’s presence has also proven to be 

important in the formulation of policies on development, sustainable peace, and good governance. Legal 

scholars have shown that women in decision-making positions play a crucial role in developing meaningful 

gender mainstreaming strategies, which effectively and authoritatively ensure focus on gender equality in all 

policy areas. Studies of gender mainstreaming have shown that unless there are key decision-makers and policy 

actors ready and willing to define gender mainstreaming as a means to achieve gender equality, mainstreaming 

efforts will not necessarily enhance women’s rights.43 Some human rights analysts in the feminist jurisprudence 

have identified the potential of a Triangle of Women’s Empowerment (TOWE), in which women in political 

positions, both elected and appointed, work with national machineries for the advancement of women and the 

women’s movement to ensure the formulation and implementation of meaningful policies on gender equality. 

This collaboration has the potential to contribute to the democratization process in struggling democracies and 

in making stable democracies even more democratic.44 

 

International Efforts made by Lawyers 

The international concern for women has gained serious recognition and that in effect has awakened the various 

domestic governments in the international parlance to the needs of women inclusion in their political and 

leadership positions. Iman45 observed that Nigeria’s involvement of its women folk to developmental activities 

assumed visible dimension when the United Nations Organizations declared the year 1975 as International Year 

of Women. And since then, March 8 of every year has been set aside by the UN for celebrating the occasion. In 

July, 1980, an agreement was reached by all member states that every nation should recognize the need for the 

involvement of women in nation building. In continuation of this assertion, Egonmwan46 stated that Africa’s 

collective appreciation of women’s participation in election found concrete expression in the Lagos plan of 

action which was the policy voice of African Heads of States and government in a meeting held in Lagos, April, 

1980. It was reiterated that African states is advised to develop policies and strategies for women’s full 

participation in election processes and all other democratic activities. Nigeria’s response to this was the 

establishment of National Committee on Women Development (NCWD) and also setting up parallel committee 

in 21 states of the federation. The basic function of this committee was to promote awareness in women.The Federal 

Government signed and ratified the Convention on the Elimination of all forms of Discrimination against Women 

(CEDAW).47 This convention otherwise known as CEDAW joined the UN and Economic Community of West 

Africa States (ECOWAS) organizations to compel African Countries to ensure women have adequate representation 

in politics, access to health care, ensuring proper education and access to credit and loan facilities. In fact, the 

Universal Declaration of Human Rights recognizes the radical equality of men and women in dignity.48 Therefore, 

African women in which the Nigerian women lead the pack, as indispensable transmitters of the family values, 

need to be politically and all round empowered to enable them attain their optimum goals in life. Some countries 

that have top the list of gender equality based on ranking are Iceland, Finland, Norway, Sweden, New Zealand 

and Yemen.49 Nigeria is within the middle range and it is trying to toe the line of the tops in gender equality. 

The continuous, though scanty, involvement of women in international politics and leadership is commendable. 

 

 

 

 
42Phillips, A. Multiculturalism without Culture (Princeton University Press, 2015) 97. 
43Ibid, 99. 
44Ibid, 101. 
45A M Iman, ‘The dynamics of Winning: An Analysis of Women in Nigeria (WIN)’ In M J Alexander & C T Mohanty (eds) 

Feminist Genealogies, Colonial Legacies, Democratic Future (Routledge Publishers, 1997) 130. 
46 J AEgonmwan, Public Policy Analysis: Concepts and Applications (Resyin, 2002) 167. 
47Other international instruments include: UNDP 1995 Human Development Report; African Charter on Human and People 

Rights; and the Convention on the Rights of the Child. 
48M Idika, ‘The Participation of Women in Politics in Nigeria: A Case Study of the Legislative Assembly and the Executive’ 

Online Database <https://www.researchgate.net/publication/317415636_theparticipation 

ofwomeninpoliticsinnigeriaacasestudyofthelegislativeassemblyandtheexecutive> 12th May, 2022. 
49Ibid. 



ILOKA: Affirmative Action and the Role of Lawyers in Fostering Women’s Participation in Election Processes 

in Nigeria: A Critical Analysis 

 

17 

The Journey So Far in this Milieu 

Women participation in elections in Nigeria, as observed by Akirinade,50 dates back to 1928, Aba women riot, and 

since then Nigerian women have delved into different aspects of partisan politics first by campaigning for men as 

husbands or as candidates of their choice. It is quite easy to use women as campaign tools because they can pull 

crowd. The 14th century story of Queen Amina of Zaria, has defined a new role for women, through her bravery 

and exemplary leadership, Nigerian women became aware of the roles they could play assisting the men in election 

processes. Dibia51 confirming the above assertion stated that Nigerian women have continued to contribute 

significantly to the wellbeing of the human race and they constitute up to 60% of the total population. Sadly, 

women have not been recognized in the election processes even though they have made several efforts to the 

progress of the nation. Nevertheless, the efforts of the Nigerian government to improve the lot of women was 

pointed out by Buchanan52 that Nigerian government has started operating scholarship scheme for interested 

female candidates that do exceptionally well in science and other related subjects realizing the need of education 

in supporting women’s active participation in all spheres of life. For this reason, two technical colleges have 

been devoted to the enhancement of women development in the country this is an indication of government 

policy in the use of mass media to propagate women education. Both the Federal and State Governments 

Education Ministries seek to encourage parents to send their female children to school. In support of the above, 

a prominent monarch in Ashiru, Kaduna state, advised parents to see the girl child education as a task to be 

achieved and a vital issue to the development of society. He used the common adage: ‘If you educate a man, you 

educate a person, but if you educate a woman, you educate a society’53 to elucidate his point. There are various 

instruments for ensuring women are not exclusive of the government’s official policies. Legal aid and legal 

literacy, according to Dibia,54 are the most popular components of government effort to reduce female abuse. He 

confirmed that the family law centre is a legal services advisory centre offering free legal advice on all family 

legal problems to low-income people. Akande and Kuye55 have free publications targeting school age children 

in the hope that they will read it to their mothers while also learning on their own. The legal aid process has 

made its outstanding success in the case at the Court of Appeal in Mojekwu&Ors v Mojekwu&Ors56on customs 

and practices against women which were repugnant to natural justice57 and against the constitutional right of 

freedom from discrimination.58 Also the Supreme Court held in Anekwe v Nweke59 that any custom which denies 

a woman right to inherit her deceased husband’s or father’s property  are repugnant to natural justice, equity and 

good conscience and ought to be abolished. With the establishment of the new ministry for women affairs in 

2000 by the former President Olusegun Obasanjor, in continuation of General Sani Abacha’s legacy, there have 

been consistent efforts to integrate women into full political involvement. The rationales for women’s ministry 

are successful election processes and supply a wide range that it will encourage women to enter the labour force 

through of talents and services demanded by the general public. But there are still more to be done by concern 

actors, especially the lawyers, in order to realize this motive. 

 

Impact Felt 

According to Haque,60 ensuring women’s electoral participation is essential to bring legitimacy to government and 

establish democracy in its real and practical manner, as validity and trustworthiness of democracy can be in 

question if females, who are above 50% of the population, stay marginalized or segregated from the political and 

public institutions in the society.61 In addition to this, the degree and level of women’s representation in the 

government has considerable and significant impacts on the lives of the people in any operational democracy and 

public milieu.62 Therefore, increasing women’s representation and participation in the electoral and public decision 

making positions is significant, according to Melesse and Ojulu, in the following ways: 

 
50S Akinrinade, ‘Women in Nigeria’, Newswatch, Special Edition (1990) 30. 
51R Dibia, Public Administration, Politics and Change in the Principles of Governance in Nigeria (Mbeyi and Associates, 

2004) 219. 
52 E Buchanan, ‘Women Struggle for Change’ West AfricaPapers (1993) 21 – 23. 
53J C Ashiru, Celebrating the Fourth World Conference on Women (UNIFEM, 2009) 65. 
54Dibia (n49) 221. 
55J Akande and P Kuye, Nigeria Family Law Project in Empowerment and the Law; Strategies of 3rd World Women 

(Washington DC OEF International, 1986) 120. 
56Mojekwu&Ors v Mojekwu&Ors (1997) 7 NWLR 283 as against the decision in Akinnubi v Akinnubi (1997) 4 NLR (Pt 

484) 144; and Uboma v Ibeneme (2001) 14 WRN 31. 
57Ukeje v Ukeje (2001) 14 WRN 31; and the latest case of Umedi v Chibunzi (2020) 10 NWLR (Pt.1773). 
58Constitution of the Federal Republic of Nigeria, 1999 (as altered) section 42. 
59 (2014) LPELR-22697 (SC), (2014) 4 SC (Pt 111) 65, (2014) 9 NWLR (Pt 1412) 393, (2014) All FWLR (739) 1154 
60M Haque, ‘Citizen Participation in Governance through Representation: Issue of Gender in East Asia’, International 

Journal of Public Administration (26) (2003) 569-590. 
61Ibid. 
62P Panday, ‘Representation without Participation: Quotas for Women in Bangladesh’, International Political Science 

Review (29) (2008) 489-512. 



African Customary and Religious Law Review (ACARELAR) 4 (2023) 

 

18 

Is a question of democracy, democratic process, and equality as well as a question of political and 

civil rights that has been guaranteed by the international organizations’ (UN) agreements, treaties, 

covenants and conventions; Facilitates more changes and pave the way for more spaces to 

women; 

Calls for the efficient, maximum and equitable utilization of human, financial, material and 

information resources by all human beings; 

Avoids the questions that would be raised about the legitimacy of the democratic process and 

decision making authorities; 

Can allow women to address their basic problems and needs in the community; 

And, ensures the openness (transparency), real fight against rent-seeking (mainly the recently 

rampant corruption), accountability, political commitment, political leadership, and political 

responsiveness of the existing national, regional, zonal/districts, and local levels political democracy, 

democratization process, and governance of the governments and political institutions, and promotes 

peace and democratic development in any country as a whole.63 

 

Moreover, without greater representation of women in parliamentary and executive positions as well as in the 

judiciary, it is difficult to achieve participatory, accountable, and transparent governance which can ensure 

political, cultural, social and economic priority goals of the wider society. Besides, every human being has the right 

to participate in decisions that define her or his life. This right is the foundation of the ideal of equal participation in 

decision-making among women and men. This right argues that since women know their situation best, they 

should participate equally with men to have their perspective effectively incorporated at all levels of decision-

making, from the private to the public spheres of their lives, from the local to the global.64 In respect of equality 

principle, women’s equal participation in political life plays a pivotal role in the general process of the 

advancement of women. Women’s equal participation in decision-making is not only a demand for simple 

justice or democracy but can be seen as a necessary condition for women’s interests to be taken into account. 

Without the active participation of women and the incorporation of women’s perspective at all levels of decision 

making, the goals of equality, development, and peace will be a utopia. 

 

The Way-forward through effective Roles of Lawyers 

Lawyers as earlier expatiated can exercise their professional skills as private legal practitioners, law teachers, 

administrators in the executive arm of government, legislatures, judges and judicial staff, members of civil right 

organizations, human right activists, etc. To reemphasize, all of these categories of persons have roles to play in 

promoting affirmative action. Given that lawyers are spread across the different human endeavors, it means that 

their influence cut across all the human endeavours and walks of life, logically they can impact so much in 

fostering women’s participation in election. However, the assumption does not turn out positive. For instance, 

the National Assembly is blessed with a commendable of number of lawyers as members. Sadly, these lawyers 

play patriarchal hegemony roles to bills on affirmative action affecting the women. Recently, the National 

Assembly sought to amend the Constitution of the Federal Republic of Nigeria, 1999 (as altered). A number of 

bills on some prevalent issues were sponsored and read on the floor of the National Assembly. One of those bills 

was on the affirmative action.65 The bill sought to amend section 223 of the Constitution,66 to ensure women 

occupy at least 35 percent in appointive positions. There was another bill which was rejected and it was about 

ministerial or commissioner nomination. The bill sought to amend sections 147 and 192 of the Constitution,67 so 

that at least 35 percent of nominees are women. Another bill, referred to as the reserved seat bill was to, among 

others, amend sections 48, 49 and 91 of the Constitution68 to create additional 37, 74 and 108 seats for women at 

the Senate, House of Representatives and state House of Assemblies, respectively.69 All these bills were rejected 

and could not survive the second reading in bill process on the floor of the National Assembly. This supposed 

not to be the case as lawyers who are better informed on human rights than the laymen supposed to have aligned 

their arguments in buttressing the lead debate for the bills to have survived the second reading, committee level 

 
63A Melesse & O Ojulu, ‘Assessment of Gender Equality in Ethiopia: The Position of Ethiopian Women’s Political 

Representation from the World, Sub-Saharan Africa and Eastern Africa Ethiopian Civil Service University,’ Journal of Law, 

Policy and Globalization (2014). 
64R Miranda, ‘Equal Participation of Women and Men in Decision-making Processes: With Particular Emphasis on Political 

Participation and Leadership’ Online Database <http://www.un.org/womenwatch/daw/egm/eql-men/FinalReport.pdf> 

accessed 20th May, 2022. 
65T Awodipe, ‘Towards Improving Women’s Participation in 2023 Elections’ The Guardian: Online Database 

<https://guardian.ng/politics/towards-improving-womens-participation-in-2023-elections/> accessed on 18th May, 2022. 
66Constitution of the Federal Republic of Nigeria, 1999 (as altered), section 223. 
67Ibid, sections 147 and 192. 
68Ibid, sections 48, 49 and 91. 
69Awodipe (n62). 



ILOKA: Affirmative Action and the Role of Lawyers in Fostering Women’s Participation in Election Processes 

in Nigeria: A Critical Analysis 

 

19 

and third reading for passage into law. Rather, the female members who are less than the average minority were 

left to maneuver and wallow alone in the situation which ended them in the abysmal lose. The case would have 

been different with the vibrancy and vigour of lawyers. 

 

In the judiciary, lawyers who have become Magistrates, Judges and Justices have enormous role to play to foster 

women’s participation in election. Their role majorly come to bare in the cases before them. Some of these cases 

border on fundamental right enforcement involving women, election petition matters involving women, 

corruption charges involving women, judicial review on administrative decisions affecting women, and so on. 

Most of these cases may be with some elements of victimization on women from the men’s folk in exercise of 

patriarchal hegemony. In most cases, the Court or Tribunal may be influenced with money, flashy promises, 

political intimidations and/or threats which mostly emanate from the adverse party who is a male. Thus, the 

Court or Tribunal may yield to them to the detriment of the woman and invariably pervert justice to favour the 

man. Promotion of this trend would impede the movement for affirmative action in fostering women’s 

participation in election. Therefore, the Court or Tribunal, which is the home of the lawyers, should uphold 

justice and equity at all times to promote the minority rule which covers the women. Administratively, lawyers 

can enforce affirmative action in favour of women in different ways. These include equal appointments of men 

and women into administrative offices, equal employment opportunities, equal leadership opportunities in the 

public offices, as well as equal entitlements. Furthermore, lawyers in the administrative sectors or executive arm 

of government have the responsibility to promote affirmative action by sponsoring executive gender friendly 

bills to the respective legislative houses. Also, they can intimidate the issuance of executive orders that work in 

the interest of women and their participation in election. Lawyers who are committed to civil society 

organizations, journalism, and media advocacy equally have roles that cannot be overemphasized. Consistent 

publicity on the good side of women, the successful roles of women in their respective responsibilities, women 

with astute performance in politics and the different walks of life, and the rest can go a long way to promote 

affirmative action in favour of women for election participation. Succinctly put, only the lawyers can make so 

much impact in this milieu, thus the slumber needs to be revitalized for mind limberness. 

 

5. Conclusion and Recommendations 

This study has made vigorous attempt to critically examine affirmative action and the role of lawyers in 

fostering women’s participation in election processes in Nigeria.  The study started with the historical dimension 

of women, their non-inclusion in electoral activities even though they have shown interest prior to colonization. 

Basically, the challenges of women in election process go beyond patriarchal hegemony. International response 

to minority rule was also highlighted as it activates the African nations vis-à-vis Nigeria to action. Nevertheless, 

a lot is still expected because the gap between men and women in election processes is still very wide. However, 

it was observed that despite the discrimination and many social ills against women, there are still women who 

have made indelible marks in the country’s democracy. 

Sequel to the foregoing, some recommendations are prerequisite as follows: 

(1) Lawyers who are legislatures should revive the affirmative action bills concerning women and ensure 

their passage into law. 

(2) The National Assembly should amend the Constitution to explicitly define the distinct roles of women 

in Nigerian election processes. 

(3) Lawyers who are heading government parastatals, especially in the ministries of Education in Federal 

and states should discourage in totality any discriminatory policy in academic environment that is 

against women, whether in admission, employment, promotion, or appointment and even with regards 

to other matters relating to women’s wellbeing. 

(4) Magistrates, Judges, and Justices should be committed in delivering sound judgments and rulings in 

matters pertaining to discrimination against women and make it form part of the Nigerian Legal 

System. 

(5) Every legal practitioner, human rights activist, media personnel and all patriotic citizens should 

encourage any woman politician to gear her up towards her political aspiration and good performance 

in office. 

(6) Lawyer who is in the executive arm of government should do better to promote affirmative action 

against the minority rule phenomenon. 

(7) Lawyers who are in the civil society organizations and the Media should be committed to activities that 

motivate women to be confident in their capabilities. 

(8) Female lawyers should come together and use their various platforms to encourage their fellow women 

to be credible and focused in their political interest and good leadership in all walks of life. 

(9) Child Marriage should be criminalized and child matters should be included in the exclusive list of the 

Constitution. 



African Customary and Religious Law Review (ACARELAR) 4 (2023) 

 

20 

(10) Education should be made free and compulsory in primary and secondary schools and right to 

education should be included in chapter four of the Constitution. 

(11) Political arena should be free from violence in order to make the atmosphere conducive for women 

who are vulnerable in nature. 

(12) Time of meeting of political parties should be during the day and not at night because such deters the 

women from attendance and that is where most of important decisions are taken. 

(13) There should be sensitization of both men and women in relation to women empowerment in political 

participation. 

(14) There is urgent need for amendment of Section12 of the Constitution for enforcement of international 

treaties and conventions which promote women’s rights. 

 

 

 

 

 

 


