Have you ever wondered why law enforcement agencies in Nigeria persistently bar women from standing as sureties for detained individuals, despite it being a constitutionally guaranteed right? That makes two of us! On today’s episode of “Nigeria has a thing against women,” let’s look at a newly discovered and absurd discrimination against (married) Nigerian women.
The absurdity of travel requirements for married women
The National Drug Law Enforcement Agency’s (NDLEA) new visa requirement has ignited controversy. The requirement which according to the NDLEA’s director of media and advocacy, Femi Babafemi, has been in existence for over 24 years, states that “married women must bring a letter of approval to travel from their husband with his passport photograph attached.”
The visa clearance certificate which provides proof that a person has not been convicted of any drug-related offences in Nigeria is part of a global effort to reduce the incidence of drug trafficking. However, the connection between women obtaining approval from their husbands and NDLEA fighting drug-related offences remains unclear.
The requirement raises questions about the balance between regulatory measures and individual freedoms, particularly for women and their agency.
Although the NDLEA has released a statement saying the requirement has been deleted, this isn’t the first of its kind. Before 2009, the Nigerian Immigration Services (NIS) required married women to obtain written consent from their husbands before applying for an international passport. NIS claimed it was in line with its administrative policy, despite how its very existence violated the fundamental human rights of (married) women.
What’s the backstory?
Following the loss of her international passport, Dr. Iyalla-Amadi (wife of popular author- Elechi Amadi) applied to the NIS for the issuance of another passport and was given a list of documents to attach to her formal application, among them a letter of consent from her husband.
Dr. Priye Iyalla-Amadi challenged the NIS at the Federal High Court, Port Harcourt on their policy and her legal team argued that the policy was contrary to the fundamental human rights of married women. They also argued that it is not a discrimination on marriage since married men were not required to present written consent from their wives, rather it was a discrimination on gender, simply for being a woman.
The NIS argued that women are classified alongside with minors by the government as persons who require consent from the head of the family and that the requirement for consent was put in place to perpetuate the authority of the man over his wife, no matter the status she attains in society and that the requirement was set to avoid unnecessary breakdown of marriage institutions in the country.
At the end of the trial, the presiding judge, Justice G. K. Olotu declared the requirement unconstitutional and delivered a reassuring judgment on June 15, 2009, reiterating that the policy of NIS was archaic.
Asides being archaic, Section 29(4b) of the Nigerian Constitution considers any woman who is married shall be deemed to be of full age —not a minor— so the requirement for husbands’ consent is in direct opposition to the Constitution, and hence, a violation of human rights. In addition, under the Marriage Act 2004, spouses are regarded as equal partners in marriage, meaning that spouses enjoy equal rights irrespective of gender
This calls for a total review of laws upheld by Nigerian agencies to ensure complete alignment with the Nigerian constitution that protects women’s rights.
Reactions to the travel requirements
Since its discovery, the NDLEA’s updated visa rules sparked heated debates with people taking varying stands.
How much more discrimination can Nigerian women take?
Although the NDLEA has assured the public that this item has been deleted from the list of requirements after much criticism, this issue resonates with broader discussions about gender equality and the importance of addressing gender-based inequalities and promoting women’s empowerment in Nigeria.
Creating awareness about government policies that discriminate against women is vital in challenging harmful gender stereotypes and promoting gender equality. Also, encouraging women’s participation in decision-making processes at both local and federal levels, and addressing cultural and religious norms that promote discrimination are necessary steps in fostering a more inclusive and equitable society where women thrive.