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ABSTRACT Issue of gender equality (men and women) are equal in al ranks, which also includes politics, which is aimed at women rather than men, these debates degenerate and disintegrate into discordant posturing, grandstanding, sweeping, generalizations and misrepresentation. I do not intend to throw my hat into the ring. I only wish to add my voiced to the discourse. Before women’s participation in politics remained a contentious but neglected area in dedicated academic discourse or forum such as the instant one. This, thus long essay is but an attempt to shed light on some darkened areas with the hoe that the eager picture will be clearer and with the realization that Islam, rather than dehumanize, it actually enhanced the status of women. In this long essay, an attempt is made to analyze and examine the divergent views and arguments of both proponents and opponents of women’s participation in politics. On the other hand, women in politics, although with a caveat, that should not be at the expense of the family and dewomanizing the women. This long essay further seeks to address the need of open mindness and accommodation there on from both sides of the divide. CHAPTER ONE GENERAL INTRODUCTION 1.0.0: INTRODUCTION In spite of the fact that around the world today, democracy has become the pillar upon which nations are building the hope of attaining sustainable development, the definition of democracy remains exclusive, politics though remain an integral part of democracy bearing traditional definition, which characterizes. It was male dominated and excluding women. It needs to be stressed that women’s political rights remains an integral part of human rights and women’s rights generally are necessary aspect of any democratic frame work. This long essay will examine the extent of women participation in Nigeria politics and the extent of marginalization of women in politics. If the definition of democracy allows for diversity opinion and participation of different groups, then it cannot be thrive by excluding women, which effectively constitute half on the world’s population and half of each and every single national population. The fact that the constitution is supposed to promote the evolution of the notion of the democratic process is not in doubt, what seems debatable is whether democratic process can flourish in the current dispensation 2 where the constitution guarantee for women participation in politics are limited. In Nigeria despite the significant roles of women before and after independence in development of corresponding economic, social and political power is still wanting. The fact that military ruled for years helped to institutionalize violations of human rights that resulted to severe political, social and economic crises. These anomalies have impacted negatively on the development of women’s right, despite the many international norms and institutions designed to advance the cause of women. This long essay under scores the extent of degration on this light and properly examines the ideal status of women in Nigeria under the relevant statutes. The challenge of women’s participation in the political process in Nigeria has gained additional significance, since the return of democracy. The last election saw men taking over their male dominated model of politics altogether or rejecting male single of political. Women’s aspiration to participate in governance is premised on the following grounds, it is the believed that women constitute half of the population and hence should be allowed to a fair share in decision making and the country, secondly that all human beings are equal and women posses the same rights as men to participate in governance is an entitlement conferred upon 3 all citizens by law. By virtue of section 4011 of the constitution states the following; “Every person shall be entitled to assemble freely and associate with other person and in particular he may form or belong to any political party, trade union or any other association for the protection of his interest: Provided that the provisions of this section shall not derogate from the power conferred by this constitution on the independent National Electoral Commission with respect to political parties to which that commission does not recognition” Section 422 of the same constitution states further that; (1) A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person be subject to any form of discrimination. This further confirms that you can go to court to seek redress, if as a woman your franchise is violated and that the constitution as a whole prohibits discrimination on the basis of sex. The constitution also state: Section 773 provided in inter alia: (1) Subject to the provisions of this constitution, every senatorial district of Federal constituency established in accordance with the provision of this part of this chapter shall return a member who shall be directly elected to 1 Constitution of the Federal Republic of Nigeria, 1999. 2 ibid 3 ibid 4 the senate or the House of Representatives on such may be prescribed by an Act of National Assembly. (2) Every citizen of Nigeria who has attained the age of eighteen years residing in Nigeria at the time of the registration of voters for purpose of election to a legislature house shall be entitled to be registered as a voter for that election. From the foregoing, it appears that there is nothing in the constitution, which excludes the participation of woman in politics in Nigeria, yet when it comes to actual practice, there is extensive discrimination. On the other hand, The Noble Quran allows women the right to vote, to participate in politics and express her opinion in public discourse. It is on record that in the days of the Prophet Muhammad (SAW) women were consulted before Islamic communities choose their leaders, women ask Him questions of different topics and expressed their opinions as well participated in public life, with the early Muslims especially in times of emergencies including accompanying Muslim armies to battle to take care of the wounded and prepare supplies. Also, the equality of women and men is Shariah is not doubt. Nowhere in The Noble Quran from where the Shariah was derived, is the women made inferior to the man. The Quran only recognizes differences in their roles as it true of other religions. Such differences in their roles make the man the leader or head of the 5 family. The man provides, protect etc. these do not make the man necessarily superior. This is not peculiar to Islam alone, which states the responsibilities of man and woman. Finally, this long essay shall proffer effective and plausible solutions and recommendations to these constraints in a bid to ensuring equality as guaranteed by natural and inalienable rights bestowed on all and sundry. 1.1.0: BACKGROUND The general believe is that, there is tendency for people to frown at the idea that women should participate in politics. Politics is said to be the science of governance, it involves the distribution of resources and those who decide how wealth and other resources should be distributed among the masses usually enjoy prestige, authority and power. The process of acquiring this type of power often entails some intrigues bargaining and negotiation for some strange reason, people assume that men have a monopoly of those skills, thus women are often excluded from politics and public life in general. They are expected to operate solely within the family and home arena as wives mothers and home makers. Politics is said to be too rough a game for women. 6 The impact of women in Nigeria does not reflect in their population in the political sphere. Women represent about 60%4 of the Nigeria total population but there is only minimal number of women participation in the Federal and State legislature. There has never been a women is the Supreme Military Council (SMC) or the Armed Forces Ruling Council (AFRC) as the case may be. This may however be due to the fact that there are few women in that profession. Major policy decisions are taken without female representative. Even where the decision and policies that emerged from the affect women directly. Although, it has been stated that women have found their ways in the Federal Cabinet during civilian regime, there participation in decision making bodies are minimal. Major decisions are taken without female representative even where the decision and policies that emerge from them are evolved for the benefit of women. This therefore, goes to say that the impact of women does not reflect in their population in the political sphere. In the pre-independence days, Mrs. Olufunmilayo Ransome Kuti was a political figure in the 1950’s and she was the only female member of the delegation sent to Britain to deliberate on the 4 Madinagu B.E and Okoye F, ‘Women Law and Transition to Democracy’ (1993 printed El-Rafiu print, Kano edited by Kola Ahmed). 7 independence in Nigeria. In this period, not many were appointed. Those that were appointed were either junior ministers or commissioners in charge of youth, sport and culture in the second republic. In the third republic, out of 109 members of state, only 3 were females and out of 360 members of House of Representative only 8 were females. Furthermore, during this present dispensation, out of 109 member of the Senate only 4 are females and out of 360 members of the House of Representative only 235 are females. This is an improvement over the previous years but more can still be done. Also, Nigeria women stand on the same footing with their male counterpart, whenever they were given the opportunity to perform. It is however, glaring that the political game of this country has been preserved exclusively for men. This has led them to the conclusion that Nigeria women are not politically active than their male counter part. The ranking ascribed to women is Islam in very noble and lofty one and her effect is very great in the life of every Muslim. Right from the time of her birth, a baby ought to be very special to her parent for Islam chastised those fathers who feel said their wives give birth to a female child in preference to male child. According to the traditions of the Prophet Muhammad (SAW) there is blessing in 5 ibid 8 the raising of female children. He is reported to have said that in respect of a person who has two daughters and did not bury them alive or insult them and brought them up properly. He and (the person) will be in paradise together.6 Islam had emancipated women and had given the world the basic prescription for the respect and values of human beings irrespective of class, color, sex or creed. The Muslim women have the privilege to vote and voted for, right to her own opinion making decision and there is equality in Islam. “O mankind, we created you from male and female and made you into races and tribes that you may know one another surely, the noblest among you in the sight of God is the most God caring of you”7 According to this verse of The Noble Quran, it is quite apparent that all human beings are equal that no one should be deemed to above in righteousness. The women and men are equal but not same. Any suggestion of superiority of the man to the woman is strange to the Quran. In fact, the Quran frowns at discrimination against woman. Any perceive discrimination cannot be sufficiently justified on “Quranic” grounds. 6 Transmitted by Al-Bukhari and Muslim on the authority of Anas 7 Q 49:13 9 1.2.0: OBJECTIVE OF THE STUDY My objective of study is to enlighten women on their roles in politics as to whether they can participate in politics, this project serves as enlightenment for females because the constitution, The Noble Quran, also the Hadith ,including the jurist are also in supports that women should be given chances to participate in politics no matter how small the post might be. They should not be looked down upon; they deserve the right to participate in politics. This project will encourage women and also know their civil rights, that they can participate in election that is they cant vote and be voted for. Eg in Kwara State8, among their gubernatorial candidate was a female who was Sen. Gbemisola Rukayat Saraki, thou, she was condemned, but still stood on her feet that what a man can do a woman can do better. Also during the presidential primaries9 in PDP which was held in Abuja. A lady stood up that she wants to become a president (Mrs. Sarah Jubril), but she was denied her civic right because it was only her vote that counts, nobody voted for her. 8 Kwara State election (gubernatorial election) , 16th April.2011 9 January 15th, 2011 10 Also this long essay is to enlightened members of the public that a woman can participate in politics, they should not be looked down upon, they should be encourage, there is an adage which says, if you train a woman you have trained the whole nation, the if you train a man you have trained a single person. 1.3.0 SCOPE OF THE STUDY The scope of study of this long essay is based on women and their capabilities in participating in politics. It would examine the rights in participation of politics in the Islamic and common laws. Also, this long essay will be concerned about the historical background, pro-colonial, colonial and post colonial eras. Also, it will analyze the Act of textual authorities, the non-textual, the Common law review, Statutes and also the similarities and dissimilarities between the two (Islamic and Common laws). That dealt with women’s participation in politics, also their roles they have performed and how they have been able to cope. 1.4.0: METHODOLOGY The method to be employed here in carrying out this research for the purpose of this paper would be based the textual and non-textual authorities and also the Act. Information would be sourced from the Internet, Public lectures delivered by various lecturers, newspaper; the 1999 Constitution of the Federal Republic of Nigeria, websites would be consulted in order to have a provision of legal information about women’s participation in politics. 11 1.5.0: LITERATURE REVIEW As it is there is no single textbook on this topic of this research there are however related articles which though there are no relevant book which are directly based on this topic. This research is basically going to be my personal research using the limited resources at my disposal to undertake a comprehensive study of the women in politics and how they can be recognized and participate in politics. Nimah Modupe Abdulkareem, in the annual publication of ‘The Jurist’ a publication of law student society, university of Ilorin.10 She was of the opinion that, a comparative religious study shows that, it is allowed that a woman can participate in politics if it will not affect her primary role as a woman. Also that there should be a constitutional guarantee for women to hold important positions in the society based on the proportion of their population. This is because societal prejudice will prevent them from contesting with men and wining. Jemila M. Nasir,11 who doubles as the Dean of law University of Jos¸ Jos Nigeria, was also of the positive opinion that the rights of all the Nigerian are dealth with in the Chapter iv section 33, 46 of the Constitution of Federal republic 10 Dr. Niman Modupe Abdulkareem: Essay in honour of Hon. Justice Modibbo Alfa Belgore (CJN) (CON) (2005/2006) pg.115-112. 11 Prof. Jemila M. Nasir Women rights and Islam in the Contemporary World (2006). 12 of Nigeria (1999). These sections guarantee every Nigeria citizens on their basic fundamental human rights, which includes in right to participate in politics, also that by improving their rights in politics which is already in the constitution makes no distinction between men and women. Muyiwa Taiwo,12 in his journal was of the opinion that in spite of the significant roles of women before and after independence, the development of corresponding economic, social and political power women are found still wanting. A.A. Jekanyinfa, who is a lecturer of university of Ilorin, was of the opinion that women should participate in politics also Sanusi Lamido Sanusi, who is the CBN Governor on his comment on Abubakar Ahmad Gada’s write up “POLITICAL IRRELEVANCE OF WOMEN IN ISLAM”13 Abubakar was of the opinion that the leadership of women is prohibited in Islam on the basis of the assertion of the Prophet in His Hadith Sanusi Lamido Sanusi reflectors the traditional interpretation which validate women participation in politics. Also the Quran, Hadith will be looked into. 12 Law student of Ahmdu Bello university, Zaira (the Nigeria law students’ Journal @ the Quintessence 2010 (May) pg 111. 13 Weekly Trust of October, 2001. 13 1.6.0: CONCLUSION Women should have confidence in themselves and also they believe in themselves its better we should join hands together to let the world know that we have known our rights and we cannot be intimidated again by the men. We now have equal rights also not to accept choice less in line as to politics is the game of both male and female. A comparative religions study shows that it is allowed when done in such a way that it will not affect her primary roles as women. Full involvement of women in politics and decision making will be encouraged by way of organizing seminars and workshops to enlightening women.
Keywords: WOMEN IN POLITICS: A REVIEW OF COMMON AND ISLAMIC LAW PROVISION
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