By
Nyobana Abiola Oluwayemisi
Abstract
Despite constitutional guarantees and Nigeria’s ratification of key international and regional human rights instruments, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the African Charter on Human and Peoples’ Rights, the effective implementation of gender equality norms remains deeply constrained by legal, institutional, and socio-cultural barriers. This paper critically examines the intersection between women’s rights, legal reform, and the rule of law in Nigeria, highlighting the disconnect between normative commitments and lived realities. The analysis explores the legal architecture governing women’s rights, assessing constitutional provisions, statutory frameworks, and customary laws that operate in tension. Particular attention is paid to the role of the judiciary in interpreting gender equality norms, the enforcement challenges posed by plural legal systems, and the limitations of current reform efforts such as the Violence Against Persons (Prohibition) Act and the Gender and Equal Opportunities Bill. Drawing from comparative perspectives and feminist legal theory, the paper argues that the rule of law in Nigeria has yet to become a fully effective instrument for advancing substantive gender equality. It contends that legal reform must move beyond formalistic provisions to address structural discrimination, institutional weaknesses, and the pervasive influence of patriarchal norms. Case law such as Akinbuwa v Akinbuwa, which once tolerated spousal battery for “corrective purposes,” highlights the judicial challenges in breaking from traditional norms. Ultimately, the paper calls for a reimagining of legal strategies grounded in intersectionality, access to justice, and transformative constitutionalism to close the implementation gap.