Access to justice for Nigerian women: A veritable tool to achieving sustainable development
| DOI | 10.1177/13582291211043418 |
| Published date | 01 March 2022 |
| Date | 01 March 2022 |
| Subject Matter | Articles |
Article
International Journal of
Discrimination and the Law
2022, Vol. 22(1) 4–29
© The Author(s) 2021
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DOI: 10.1177/13582291211043418
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Access to justice for Nigerian
women: A veritable tool to
achieving sustainable
development
Olaitan O Olusegun
1
and Olatunji S Oyelade
2
Abstract
Access to justice promotes the achievement of sustainable development as it promotes
the participation of citizens of a country, reduces poverty, increases the productivity of
persons and strengthens the peace and development of nations. In Nigeria, however,
most women are deprived of justice in several ways. Using the doctrinal method of study,
this article examines the concept of access to justice and its importance to the
achievement of sustainable development in Nigeria. Sustainable Development Goals
(SDGs) five and 16 are discussed as well as the various ways in which women are deprived
of justice and barriers to such access. The study discovers that women have limited access
to justice as a result of challenges plaguing Nigeria’s justice system. The study concludes
that urgent steps must be taken to solve these challenges so that the SDGs will stand a
better chance of being achieved by 2030.
Keywords
Access to justice, women, human rights, sustainable development, Nigeria
Introduction
Sustainable development was defined by the Bruntland Commission in its report, ‘Our
Common Future’as ‘development that meets the needs of the present without
1
Department of Jurisprudence and Private Law, Obafemi Awolowo University, Ile-Ife, Nigeria
2
Department of International Law, Obafemi Awolowo University, Ile-Ife, Nigeria
Corresponding author:
Olaitan O Olusegun, Department of Jurisprudence and Private Law, Faculty of Law, Obafemi Awolowo
University, Adesoji Aderemi Road, Room 216, Ile-Ife 220282, Osun State, Nigeria.
Email: o.olusegun@hotmail.com
compromising the ability of future generations to meet their own needs’.(Peacock, 2008:
v; Report of the World Commission on Environment and Development, 1987).
Sustainable development seeks to maintain a balance between economic progress and
environmental protection, to the extent that all parts of the society function effectively to
suit the needs and welfare of human beings. In a nation where sustainable develo pment
thrives, economic, environmental and social needs are met through an integrated approach
by the government, private sector and civil societies. Access to justice promotes the
sustainable development of nations as evidenced in its inclusion in goal 16 of the
Sustainable Development Goals (SDGs). Justice is the process through which laws and
institutions resolve conflicting claims and provide remedies for various forms of abuse
and exploitation (Keuleers, 2018). According to Ratnapala (2009: 318), ‘a society that
does not have justice as a governing principle is an unstable society that will be held
together, if at all, by force’. Access to justice extends beyond an individual’s ability to get
legal representation in courts and includes the ease and extent to which people can obtain
reliefs for the violation of their rights, as well as the fairness and efficiency of such reliefs
(Meene and Rooij, 2008: 6). Thus, individuals do not have access to justice when they are
terrified of the rigours attached to the process of obtaining justice, as this affects their
decision to speak out against abuse. It is also unattainable when people are not aware of
their rights and therefore accept their situation as fate, as well as when the justice system is
not accountable and of good quality (Bamgbose, 2015: 382). Access to justice promotes
the realisation of the fundamental human rights of persons, encourages the fight against
discrimination and oppression as well as encourages accountability in government.
In Nigeria, people experience difficulties in accessing justice, both in civil and criminal
matters, which particularly affects women and creates room for impunity and further
denial of rights (United Nations, 2018). The extent to which women access justice,
determines whether a nation observes the rule of law, has an effective judicial system and
takes the human rights of its citizens seriously (Committee on the Elimination of
Discrimination against Women, 2015). Denial of equal and impartial justice to
women in Nigeria is due to some challenges including inadequate legal protection,
cultural and traditional restrictions, inadequate awareness of rights, limitation of resources
and legal aid as well as inadequate knowledge of judicial procedures. This study will
consider the above challenges, as well as proffer solutions. The SDGs which recommend
the access to justice of women and which promote gender equality will also be discussed,
as well as the relevance of access to justice to Nigeria’s sustainable development.
The scope of Sustainable Development Goals on access to justice
and its role in advancing sustainable development
The Millennium Development Goals (MDGs) were established in 2000 to achieve in-
ternational development. However, due to the fact that these goals had not been achieved
by 2015, the SDGs, which expands the MDGs and includes broader targets and indicators,
were set up at the 2015 United Nations Sustainable Development Summit in New York,
United States (Olawuyi and Olusegun, 2018: 37). The SDGs consists of 17 goals and 169
targets which are meant to serve as guidelines to UN member States in structuring their
Olusegun and Oyelade 5
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