GENDER RELATIONS AND POWER DYNAMICS IN NIGERIAN FAMILY LAW: A CRITICAL EXAMINATION

Abstract

Gender relations and power dynamics in Nigerian family law are complex and deeply intertwined with the country’s cultural, religious, legal and socio-economic contexts. Nigeria operates under a dual legal system comprising statutory, customary and Islamic laws. Whereas, it is often theorized that the two streams of law run independently, the truth is that often times they meet in the personal life of the individual especially within the family. But they rarely meet harmoniously. This paper aims to critically examine the gender relations and power dynamics that are embedded within the Nigerian family law, highlighting how these dynamics influence the legal treatment of men and women in familial contexts. By analyzing the intersections of culture, tradition, and statutory law, the paper seeks to uncover the ways in which gender biases are perpetuated and reinforced in legal frameworks, ultimately affecting issues such as marriage, divorce, child custody and property rights. The analysis reveals that customary and Islamic laws, which also govern family matters in Nigeria, often prioritize men’s right and interests over those of women. The paper equally found and highlights the power dynamics at play, including economic dependence, limited access to education, cultural and social expectations that restrict women’s autonomy and decision – making power. The study concludes by emphasizing the need for legal reform and advocacy efforts to challenge patriarchal norms and promote gender equality in Nigerian family law.