FHC Delivers Judgment In Favor Of Affirmative Action

– Court enters judgement for Nigerian women

– Grants all the reliefs sought

The Federal High Court in Abuja has ordered the government to comply with the 35% affirmative action for women, which allows women occupy 35% of all appointments.

Delivering judgement on Wednesday, Justice Donatus Okorowo, said the Federal Government had the obligation to implement the 35 per cent affirmative action, accusing past governments of acting in breach of international treaties on women participation in government.

The federal high court today entered judgement in suit filed by various gender right alleging violations of several sections of the 1999 Constitution, the African charter on human and peoples rights and several other international treaties. The court commenced by deciding the preliminary objection of the court wherein the defendants represented by the AGF and Minister of Justice wherein they had argued that the plaintiffs lacked the locus standi to sue and that the plaintiffs lack reasonable cause of action because none of their rights have been violated. In resolving this issue, the court ruled that the Plaintiffs who are gender groups and NGOs have shown their interest in the suit via their affidavit evidence. And that in the determination of life constitutional and statutory issues. Anybody has an interest in the enforcement of such life statutory issues. On the main issue, the court struck out the defendants affidavit and held that the plaintiffs have proven their case before the court. The court therefore resolved the two issues in favour of the plaintiffs and granted all the reliefs sought; the co plaintiffs

The litigation process which has been on since 2020 has come to an end with victory for Nigerian Women and it is hoped that with this clear interpretations of the provisions of the Constitution, Nigeria’s political space will reflect inclusive governance and allow for an enabling environment for women in politics.

Led by the Falana and Falana Chambers with Barrister Marshall Abubakar as
Representing the Nigerian women and other critical stakeholders was a coalition of women groups including Nigerian Women Trust Fund (NWTF), Women Empowerment and Legal Aid (WELA), Women in Politics Forum (WIPF), Centre for Democracy and Development (CDD- WEST AFRICA),Women Advocates Research and Documentation Centre (WARDC), Vision Spring Initiatives (VSI), YIAGA, Africa, International Federation of Women Lawyers (FIDA) and 100
Relief sought by the plaintiffs were as follows

a) A DECLARATION that the failure of the 1st defendant to implement the 35percent affirmative action policy of the Federal Government of Nigeria is illegal, unlawful, null and an arbitrary violation of the National Gender Policy, 2006.

b) A DECLARATION that the failure of the 1st defendant to implement the 35percent affirmative action policy of the Federal Government of Nigeria is illegal, unlawful and a violation of sections 42, 147 (3) and 14 (3) of the 1999 Constitution as amended and Article 19 of the African Charter on Human and People’s Rights.

c) A DECLARATION that the overwhelmingly predominant appointment of the male gender into decision making positions of the Federation is wrong, unlawful, unconstitutional, null and void as it violates Sections 42,147(3) and 14 (3) of the 1999 Constitution as amended and Article 19 of the African Charter on Human and People’s Rights and does violate the right of the female gender to equal access to public offices.

d) AN INJUNCTION restraining the 1st Defendant from further exercising the Constitutional and Statutory power of appointment in a manner violative of the 35 percent affirmative action policy of the Federal Government of Nigeria as contained in the National Gender Policy, 2006.

e) AN ORDER MANDATING the respondents to henceforth comply with the principle of equality of the sexes in all appointments in compliance with Sections 42,147 (3) and 14 (3) of the 1999 Constitution as amended and Article 19 of the African Charter on Human and People’s Rights.

f) AND ANY OTHER The court may deem fit in this matter
Signed
List of Co – Plaintiff Organizations on behalf of Nigerian women and critical stakeholders

1. Nigeria Women Trust Fund (NWTF)

2. Women Empowerment and Legal Aid (WELA)

3. Women in Politics Forum (WIPF)

4. Centre for Democracy and Development (CDD- WEST AFRICA)

5. Women Advocates Research and Documentation Centre (WARDC)

6. Vision Spring Initiatives (VSI)

7. YIAGA, Africa

8. International Federation of Women Lawyers (FIDA)

9. 100 Women Lobby Group

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