Court orders FG to comply with 35% affirmative principle for women
The Federal High Court in Abuja, on Wednesday, April 6, 2022 ordered the Nigerian government to enforce the National Gender Policy by allotting 35 per cent of appointments in the public sector to women.
A non-governmental organisation, Women in Politics Forum (WIPF), filed a suit against the Nigerian government, seeking the implementation of the 35 per cent Affirmative Action in appointments of women into public office.
Justice Donatus Okorowo while delivering judgment noted that the Nigerian government has obligations not only to implement the 35% affirmative action but also to make it a benchmark in appointments.
The court also implored the Nigerian government to obey the equality clause contained in the 1999 constitution as amended which treats both males and females equally.
The Court also ordered that “Henceforth government must not make appointments that violate the 35% affirmative action.”
According to Justice Okorowo, the National Gender Policy is not merely a policy statement, but one that must be backed with requisite action on the part of the government.
He blamed successive Nigerian governments for failing to implement affirmative action which has resulted in agitations and ligations thereby violating international treaties on women’s participation in government.
“The 35% affirmative action which entails increased appointive positions for women to ensure inclusivity, must therefore translate to the increased commitment of the government being a signatory to international treaties particularly those on promoting the rights of women.”
The plaintiffs had sued the Nigerian Government and the Attorney General of the Federation as defendants.
They are Incorporated Trustees of Nigerian Women Trust Fund, Women Empowerment Legal Aid, and Centre for Democracy and Development West Africa.
The plaintiffs had sought the court order, ensuring the 35 per cent affirmative action policy of the Nigerian Government as contained in Sections 42, 147 (3) and 14 (3) of the 1999 Constitution as amended, the National Gender Policy, 2006, in the governance of the country, among others, reliefs which were all granted.
Counsel to the plaintiff Mr Marshal Abubakar described the judgment as a victory for Nigerian women.
Also, the Chief Executive Officer of Women Trust Fund Mrs Mufuliat Fijabi who expressed happiness with the judgment called on the Nigerian legislature to respect the court verdict.
It would be recalled that various women groups recently blocked the entrance of the Nigerian legislature seeking the revisit of gender-related bills that were not attended to by the lawmakers during the constitution amendments process.
