GENDERED LANGUAGE IN THE CONSTITUTION OF NIGERIA – REPHRASING TO ACHIEVE GENDER NEUTRAL DRAFTING

Abstract

The use of words to portray gender and therefore apportion benefits or disadvantages is true in both verbal and written communication. This is even truer in legislative drafting, as the use of gendered language may depict a more serious problem of sexism, discrimination and paternalism in the society. Using the doctrinal approach, this paper examined gendered language in the Constitution of the Federal Republic of Nigeria 1999 relating to the qualification and appointment of judicial officers, to analyse the effect of such gendered language on the interpretation of the constitution and the likelihood of the female gender suffering disadvantage thereby. The paper found that the gendered language used in the 1999 constitution of Nigeria in the qualification and appointment of judicial officers, is gender insensitive, ambiguous and capable of excluding the female gender from consideration for appointment to such offices. It also found that the gendered language in the relevant constitutional provisions exhibit masculinity and does not promote the required gender equality in a legal draft. The paper recommended amendment to reconstruct the language of the constitution to achieve gender neutrality.