Constructing a Constitutional Theory of Transformative Equality for Nigeria: Beyond Formal Non-Discrimination

This doctoral research constructs a constitutional theory of transformative equality for Nigeria, arguing that the country's existing anti-discrimination jurisprudence, grounded in formal equality under Section 42 of the 1999 Constitution, is insufficient to address the structural inequalities that perpetuate systematic disadvantage for women, ethnic minorities, persons with disabilities, and the poor. Drawing on Drucilla Cornell's transformative constitutionalism framework, Sandra Fredman's multi-dimensional equality model, and the South African Constitutional Court's substantive equality jurisprudence, the study develops an original theoretical framework calibrated to Nigeria's plural legal, political, and cultural context. The research employs a theoretical-doctrinal methodology, systematically analyzing Nigerian Supreme Court equality jurisprudence from 1999 to 2024, African Charter on Human and Peoples' Rights equality provisions, and CEDAW's substantive equality obligations to identify the analytical deficiencies of the existing formal equality paradigm. The theoretical framework is tested through application to three empirical domains: women's property rights under customary law, political representation of minority ethnic groups, and workplace accommodation of persons with disabilities. An original theory of contextual transformative equality is advanced, incorporating redistributive, recognitive, participatory, and structural dimensions adapted to Nigeria's specific constitutional architecture. The dissertation contributes an original theoretical framework to Nigerian constitutional scholarship and provides a doctrinal roadmap for constitutional amendment and judicial reorientation. Keywords: transformative equality, constitutional theory, Nigeria, substantive equality, anti-discrimination.