PRESS RELEASE
The Centre for Community Law has filed a human rights action before the ECOWAS Community Court of Justice challenging Nigeria’s maternity protection legal framework and seeking “stronger safeguards and protection for pregnant women and nursing mothers” in the country’s formal and informal sectors.
“Nigeria’s legal framework for maternity protection has long been criticised for being outdated, discriminatory, and inconsistent with international standards,” the Centre said in a statement on Friday 2nd October. “The application highlights several systemic gaps.”
In the Incorporated Trustees of the Centre for Community Law v. Federal Republic of Nigeria, suit No. ECW/CCJ/APP/36/26), considered “one of the most comprehensive public interest-litigation ever brought before the ECOWAS Court on gender equality, labour rights, and reproductive justice,” the Centre “challenges Regulation 100218 of Nigeria’s Civil Service Rules (2009).”
The Regulation states in part: “The annual leave (granted a pregnant woman) for that year will, however, be regarded as part of the maternity leave… Where this annual leave has already been enjoyed… that part of the maternity leave… will be without pay.”
The Centre argues that “this means a woman could lose part of her maternity leave or even be denied pay, simply because she took her annual leave earlier in the year.”
The suit also quotes Section 54 of the Nigerian Labour Act, which “permits employers to pay women only 50% of their wages during maternity leave…,” with “Subsection (1)(c)… stating that this “shall have effect notwithstanding any law relating to the fixing and payment of a minimum wage.”
According to the Centre, “this directly contradicts Nigeria’s obligations under CEDAW (The UN 1979 Convention on the Elimination of All Forms of Discrimination against Women), the African Union’s 2003 Maputo Protocol, and the 1981 African Charter on Human and Peoples’ Rights.”
In its deposition before the ECOWAS Court, the Centre averred that “82% of Nigerian women are employed in the informal sector… but the respondent state (Nigeria) has no legal protection for women in the informal sector during pregnancy and maternity.”
It noted: “These women contribute massively to Nigeria’s GDP, yet receive zero maternity protection, income support, or guaranteed access to maternal healthcare,” adding that “Nigeria ranks among countries with the highest maternal and infant mortality rates, especially among poor women who cannot access adequate pre- and post-natal care.”
The Centre said its suit before the ECOWAS Court “is anchored on Nigeria’s obligations under: CEDAW (Articles 11 & 12); ICESCR (UN International Covenant on Economic, Social and Cultural Rights) (Article 10); the African Charter (Articles 2 & 18); Maputo Protocol (Articles 13 & 14), and the 2015 ECOWAS Supplementary Act (Articles 9, 10 & 20).”
Arguing that “Nigerian laws fall short of these binding commitments and violate the rights to equality, dignity, health, and non-discrimination,” the Centre therefore seeks from the ECOWAS Court:
- A declaration that Nigeria must respect, protect, and fulfil maternity-related rights.
- A declaration that Regulation 100218 is inconsistent with international obligations.
- A declaration that Nigeria’s failure to protect women in the informal sector violates human rights treaties.
The Centre is also asking for Court Orders:
- Directing Nigeria to amend its laws, restore lost annual leave, and adopt new protections against discrimination.
- Requiring Nigeria to report back to the ECOWAS Court on implementation of its orders/directives.
“This suit is …about millions of Nigerian women,” the Centre said. “Women in the civil service, who lose pay during maternity leave; women in the informal sector who have no legal protection…; women whose reproductive health is endangered by discriminatory laws; and women whose economic security collapses during pregnancy.”
According to the statement, the “ECOWAS Court has previously affirmed the Centre’s standing to bring public interest cases, noting that NGOs may litigate on behalf of vulnerable groups who lack the resources to do so themselves.”
“This case therefore represents a major step forward in regional human rights enforcement… (and) “a turning point for women’s rights in West Africa,” the Centre affirmed. “If successful, this action could transform Nigeria’s maternity protection laws; set a regional precedent for ECOWAS Member States; strengthen protections for women in both formal and informal sectors; reduce maternal and infant mortality; and advance gender equality and labour justice across West Africa.”
“It is a bold and necessary challenge… that seeks to align Nigeria’s domestic laws with its international commitments and ensure that no woman is punished for becoming a mother,” the statement concluded.##
