Equity or Equality? An Appraisal of Women’s Labour Rights under the Nigerian Legal System.

Under Nigerian law, women’s labour rights are recognized through a combination of constitutional provisions, statutory enactments, and international treaties to which Nigeria is a party. The 1999 Constitution guarantees non-discrimination on the basis of sex and directs the state to secure equal opportunities in employment, while the Labour Act and related statutes provide specific protections such as maternity leave, job security, and safeguards against unfair dismissal.

Despite these provisions, a gap persists between the law on paper and the reality for many women in the workplace. The main reason is the tension between the formal equality promised by statute and the substantive equity required to address the actual barriers women face. This gap is widened by factors outside the formal legal system. Prevailing cultural norms that operate as de facto rules often conflict with statutory protections, and religious and customary practices in some parts of the country limit women’s access to certain forms of employment and working conditions.

Consequently, enforcement of women’s labour rights in Nigeria remains inconsistent and, in many sectors, impracticable.

While the terms equity and equality may sound similar, the implementation of one versus the other can lead to dramatically different outcomes for marginalized people.

Equality means each individual or group of people is given the same resources or opportunities.

Equity recognizes that each person has different circumstances and allocates the exact resources and opportunities needed to reach an equal outcome.

The words equality and equity are often confused because, at a glance, they appear to mean the same thing. They both have to do with the way people are treated, and both are used in the fields of law, government, economics, and so on. Often, these terms are used to describe actions, laws, or rules that are attempting to end or oppose injustice or unfair treatment of people. However, equality and equity as noted above are not synonyms, and the methods used to achieve them are often very different.

A good instance is the maternity leave under Section 54 of the Labour Act gives female employees 12 weeks off with job protection. Male employees don’t get this. That looks unequal on the surface, but it’s equitable – it acknowledges that only women go through pregnancy and childbirth, and without this protection they’d be pushed out of work.

II Labour: is the service performed by workers for wages or salary. It is also be defined as an agreement between an individual and another entity that stipulates the responsibilities, payment terms and arrangement, rules of the work place, and recognized by the government.

Nigeria’s legal system strongly endorses formal equality but provides only limited equity. While progressive provisions and judicial activism exist, implementation gaps, outdated laws, cultural norms, and weak enforcement hinder substantive gender justice in the workplace.

The Constitutional Framework is the Bedrock of Rights: The primary source of employment and human rights in Nigeria is the Constitution of the Federal Republic of Nigeria 1999 (as amended). Section 42(1) provides: 

(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 –

(a) be subjected either expressly by, or in the practical application of, any law in force 

in Nigeria or any executive or administrative action of the Government, to disabilities 

or restrictions to which citizens of Nigeria of other communities, ethnic groups, places 

of origin, sex, religions or political opinions are not made subject; 

or 

(b) be accorded either expressly by, or in the practical application of, any law in force 

in Nigeria or any such executive or administrative action, any privilege or advantage 

that is not accorded to citizens of Nigeria of other communities, ethnic groups, places 

of origin, sex, religions or political opinions.

Critics argue Section 42 adopts a formal "sameness" approach. It fails to account for how biological or social differences (like maternity) affect a woman's capacity, making formal equality insufficient without equitable support.

Another legislation which provides for the rights of women in Nigeria is the Labour Act of 1974.

Under the Act, a woman cannot generally be employed “on night work in a public or private industrial or agricultural undertaking” This provision has also been reiterated by the Convention of International Labour Organization which prohibits the employment at night, of women and young persons under 18 years of age. 

The Labour Act also provides that a woman is entitled to be paid not less than 50% of her wages during any period of absence on maternity leave or that while nursing a child she shall be allowed half an hour a day during her working hours for that purpose.

Again, an expectant mother is entitled to six weeks before delivery and six weeks after delivery with full salary. However, in spite of these provisions, most rights of women under the Labour Act have been flagrantly abused by most employers of labour, especially in the private sectors. 

In an attempt to maximize profits, they often subjected their female staff to tedious jobs. And in a quest to earn a living for themselves and the family, they still maintain the work. This is in spite of the inherent dangers or the unequal treatment that is attached to such works. Example of this is that leave allowance is paid to workers on the basis of sex.

In another respect, many international declarations, conventions, protocol, treaties, etc. to which Nigeria had signed and ratified and so enjoy the status of enforceability in the country, because the National Assembly has domesticated them, frown against discrimination on women. These are aimed at protecting the sanctity and dignity of women. These international declarations include 

First, there is the African Charter on Human and people’s Rights. Section 18 (3) of the Charter provides: 

 The state shall ensure elimination of every discrimination against 

 women and also to ensure the protection of the rights of the women 

 and the child as stipulated in international declarations and conventions. 

The above extant provision is in conformity with the provision of the Convention on the Elimination of Discrimination against Women. Article 1 of the Convention defines discrimination as: 

Any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the 

recognition, enjoyment or exercise by women, irrespective of their 

mental status on a basis of equality of men and women, of human 

rights, and fundamental freedoms in the political, economic, cultural, 

 civil or any other field.

Another international declaration is The Convention on the Elimination of All forms of Discrimination against Women (CEDAW).This Convention enjoins all state parties to: 

 Take all appropriate measures including legislation, to modify or 

 abolish existing laws, regulations, customs and practices which 

 constitute discrimination against women… to eliminate discrimination 

 against women by any person or institution…and to enact appropriate

 legal protection of the rights of women

It endorsed sexual equality, non-discrimination, reproductive rights, and rights to be free from violence. 

Its other salient provisions include: Article 4 on the equality of sexes, Article 5 (a) on the duty of state parties to modify social and cultural patterns, prejudices and practices based on the idea of inferiority of either sex, Article 13 on the right to social and economic benefits, Article 15 on the equality of women and men before the law. It allows women the right to enter into and conclude contracts, and own property, Article 16 (2) declares null and void the bethrothal and marriage of children and call on state parties to come out with a minimum age of marriage and to make the official registration of marriages at the marriage registry compulsory. 

Another important international declaration is The Vienna Declaration and Programme of Action: Article 18 provides: 

The human rights of women and of the girl child are an inalienable, 

integral and indivisible part of universal human rights. The full 

and equal participation of women in political, civil, economic, social 

and cultural life, at the national, regional and international levels, 

and the eradication of all forms of discrimination on grounds of sex 

are priority objectives of the international community…

Article 37 provides: 

The equal status of women and the human rights of women should be 

integrated into the mainstream of United Nations system wide activity. 

These issues should be regularly and systematically addressed throughout relevant United Nations bodies and mechanisms. Article 38 provides: 

In particular, the World Conference on Human Rights stresses, 

the importance of working towards the elimination of violence 

against women in public and private life, the elimination of all 

forms of sexual harassment, exploitation and trafficking in women, 

the elimination of gender bias in the administration of justice and the 

eradication of any conflicts which may arise between the rights 

women and the harmful effects of certain traditional or customary  practices, cultural prejudices and religious extremist…

In addition, there is the Universal Declaration of Human Rights (1945). Although this covers both men and women, yet it has its significance in the sense that it reiterates the fundamental rights of women. It was therefore not surprising that this Declaration led to the International Decade for Women.

As said earlier, most of these international conventions have been entered into by Nigeria, and having been domesticated by the Nigerian government through the National Assembly, they are now regarded as parts of Nigerian laws. This explains why they are regarded as part of the obligations of Nigeria under international law, and to which they must be strictly abide by. This should not however be construed to mean that there are no cases of breaches and violations of the provisions of the declarations. This is a major challenge being faced by many women in Nigeria.

The general principle of the law is "As much as too much formality and strictness of common law will lead to injustice, there is a need for equity to set in". Strict equality can ignore real disparities (e.g., pregnancy, childcare burdens), leading to unfair outcomes. Over-reliance on equity can become paternalistic, restricting opportunities and reinforcing stereotypes. The ideal is substantive equality that is using equity tools to achieve genuine equal enjoyment of rights.

The equity-equality tension in Nigeria’s women’s labour rights reflects a good-intentioned but imperfect balance. Strict equality ignores context; unchecked equity can limit agency. The goal should be targeted equity measures that accelerate substantive equality, supported by legal reform, robust enforcement, and societal change. This benefits not only women but national economic development.