ANALYSIS OF THE LEGAL AND CULTURAL PERSPECTIVES
4.2 HISTORY OF REPRODUCTIVE HEALTH RIGHTS OF WOMEN IN NIGERIA Reproductive health rights of women form part of fundamental human rights. Initially, this set of
4.2.1 Women in Pre-Colonial Societies
The political history of Nigeria can be divided into three phases: the pre-colonial, colonial, and post-colonial eras. During the pre-colonial period, the political structure was purely monarchical.
Nigeria was made up of diverse societies and kingdoms in the north, south, east and west. During this period, women participated actively in both the private and public spheres, and were involved in commercial activities which gave them independent access to resources.17 Economic activities at this period was purely subsistence farming. Division of labour was along gender lines. Women were involved in food processing, mat weaving, and pottery making, and cooking.
While men cultivate the land, plant the seeds among others.18 However, in the northern part of the country, most women were not commercially active due to the Islamic practice of Purdah – which restricted them to the domestic sphere. Nonetheless, some women still had an impact on the socio-political landscape of the region. An example is Queen Amina of Zazzau, who was a soldier and an empire builder. She became the ruler of her city in 1576.19 It is also on record that the Igala Kingdom – also in the northern part of the country – was founded by a woman.20
In the southern part of Nigeria, women played significant roles in the palace administration. The role of the king‟s wives was noteworthy. In some areas, women‟s voices were heard through their various organisations. Some women participated alongside men in different wars – notably the Kiriji war. This enabled them to take on greater political responsibilities. Examples include the Iyalode of Egba and the Iyalode of Ibadan.21 The position of Iyalode is a position of great
17 Nawey.net “Analysis of the history, organizations, and challenges of feminism in Nigeria” (2011).
18 T. O Falola “The Role of Nigerian Women” Available at https: //www.britannica.com accessed on 3rd February,
2017.
19 Nawey.net, note 17( above).
20 Ibid.
21 Ibid.
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privileged and power.22 Thus, women were not regarded as subordinate to men, but rather as their contemporaries.
In terms of legal status, in pre-colonial Nigeria women were considered to be free adults.
Nevertheless, their rights were limited by a number of constraints such as social bottle-necks, child bearing and rearing, and domestic work. These factors limited their participation in the socio-political activities of their respective societies and subordinated them to male authority.23 While male dominance and female subordination were built into the social systems of some Nigerian ethnic groups, women still played vital roles in their communities.
4.2.1.1 Rights of Women in Pre-Colonial Nigeria
In pre-colonial Nigeria, women exercised some of their human rights – though in a very limited manner due to the prevailing cultural practices. The various rights that were exercised by women are discussed below.
(a) The Right to Marry
Just as contemporary international instruments recognise the right to marry as an inalienable right, women in pre-colonial Nigeria had the right to marry. However, the patriarchal culture did not accord the women absolute rights in this regard. In most societies, girl children were not able to decide whom to marry – and when to marry. Prior to marriage, the girl child was seen as her father‟s property. Thus, it would be difficult for her to unilaterally decide on her marital status, without the express consent of her father. The prospective groom or his parents had to consult the girl‟s parents to seek their consent to marry their daughter. After investigating the suitor, the parents would disclose his intentions to their daughter. At this point, the girl child was not expected to refuse to marry the man. The prospective groom‟s family background was the major criterion in terms of making marriage choices.24
22 T.O Falola note 18 ( above).
23 F. Anyogu & C. Arinze “Gender inequality and colonization: Nigeria in legal perspective” (2013) 1(1) Journal of Constitutional Law 1, 3.
24 N.M. Abdulraheem “Rights of women in the pre-colonial and post colonial era: Prospects and challenges”.
Available at: https://unilorin.edu.ng (accessed on 22 April 2015).
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In some cases, parents began to negotiate marriage for their daughter when she was at a tender age. Once the negotiations were complete, the prospective groom was expected to pay bride price to the girl‟s family. This action signified that the girl child ceased to belong to her father.
Marriage was believed to be a means of financial security for a woman. A man was expected to provide not only for the woman – but also for the members of her family throughout her life- time. In return, a woman was expected to stay at home and rear her children. Hence, a woman could not make decisions pertaining to her reproductive health without her husband‟s consent.
The payment of the bride price gave the husband the right to make whatever decisions he liked in relation to the woman‟s body. In other words, she was regarded as part of his property.25
The foregoing discussion shows that, although a woman had the right to marry in pre-colonial Nigerian society – she made no input in the choice of her husband. Rather, this was based on her parents‟ judgement. Polygamy was a common feature of pre-colonial society. A man could marry as many wives as his financial circumstances permitted.26 Indeed, a man‟s wealth was measured by the number of wives he had. It was humiliating for a man to have only one wife, as this indicated that he was not prosperous. Women in polygamous marriages could not resist or complain; in the absence of contraceptives, multiple wives allowed for child spacing.27 As an acceptable cultural value, women mostly supported their husbands marrying additional wives, as a means to enhance their family and personal status.28
(b) Political Rights
While women were not seen as absolute rulers in pre-colonial Nigeria, some assisted the rulers in regulating women‟s affairs. African women occupied positions such as queen mothers, princesses, and female chiefs, within communities.29 In the southern part of Nigeria, women played significant roles in traditional rulers‟ palaces.30 Similarly, prior to the advent of Islam and
25 Abdulraheem, note 24(above).
26 Ibid .
27 “Politics and religion, women in pre-colonial Nigeria”. Available at: http://prince.org/msg/105/277655 (accessed on 22 April 2015).
28 Abdulraheem, note 24(above).
29 Anyogu & Arinze, note 23 (above).
30 Ibid.
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colonialism in northern Nigeria, women played prominent roles in the political affairs of society.31
(c) Economic rights
The subsistence pre-colonial economy enabled women to participate through trading and production of small-scale items such as palm oil, palm kernel, and other foods. Women also participated in agriculture – planting mainly food crops such as maize, beans, cocoyam, peanuts, okra, tomatoes and other green-leafed vegetables. They were also involved in raising livestock, and making pottery, baskets, mats, jewelry, and material for clothing. These economic activities complemented the income earned by their husbands in their chosen career, and contributed to the maintenance of their homes.32 Generally, women in pre-colonial Nigeria were able to participate in economic activity without any restrictions. Consequently, some women distinguished themselves in both the economic and political arenas.33