Legislating Women’s Affirmative Action and its Constitutionality in Nigeria

Abstract

The resistance to women based affirmative action (AA) has remained the enabling tool for perpetuation of Discrimination Against Women notwithstanding the Spirit and provisions of the Constitution of the Federal Republic of Nigeria (CFRN) 1999. The continuity of such resistance to women based “AA” reduces the said Constitution from its position as the basic law of the country particularly with reference to section 42 of the Nigeria Constitution on fundamental freedom from any form of discrimination against any person. Affirmative Action is enthroned even in the most developed countries of the world as the need arises. The current globalization has made it mandatory for countries to abide by international treaties and norms and Nigeria cannot afford to be left behind in the world developmental affairs. The propose of this discourse is to bring to bear the critical position of women based AA to Nigeria’s development by eradication of any form of discrimination against the Nigerian Women of whatever class using the methodology of review of laws, cases and various literature.