Benue State University, Makurdi

Bartlett’s Feminist Legal Methods and the Question of the ‘Rule of Law’ in Nigeria

Ngozi Chukwuemeka Aja, PhD

This paper, motivated by the belief that the ‘rule of law’ can enhance realization of Katherine Bartlett’s the feminist legal methods in Nigeria, used textual analytical method, to critically examine the formal, substantive and functional interpretations of the ‘rule of law’. Also, Bartlett’s feminist legal methods, formulated as ‘Asking the Woman Question’ ‘Feminist Practical Reasoning’ and ‘Consciousness-Raising’, were analyzed. It is noted in this paper that the formal interpretation emphasizes legality and procedural justice and ultimately leads to entrenchment of inequalities, which Bartlett’s feminist legal method anchored ultimately extensive application of judicial discretion in giving effect to aspects of women’s experiences not captured in enacted legal codes, is designed to eliminate. On the other hand, the substantive and functional interpretations elicit natural justice, and therefore are germane to achieving her feminist legal method in Nigeria. These interpretations emphasize extensive use of judicial discretion and invariably give effect to Bartlett’s feminist legal method. Hence, this paper laments that the clog to achieving the feminist legal methods in Nigeria is the lip-service paid to the requirements of the substantive and functional interpretations of the ‘rule of law’. It was also reiterated in this paper that the background for these interpretations is created by Nigeria’s federal constitution with its provision for separation of powers. Thus, until this constitutional provision which ensures independence of the judiciary, and consequently, enhances judicial discretion, is effectively adhered to, achieving Bartlett’s feminist legal method in Nigeria will remain a mirage.

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