JUDGEMENT DELIVERED IN FAVOUR OF NIGERIAN WOMEN
JUDGEMENT DELIVERED IN FAVOUR OF NIGERIAN WOMEN.
HISTORY
The Federal High Court Abuja, today 6 April 2022 has delivered judgement in favour of Nigerian women on the litigation process on Affirmative Action before Justice Donatus Okorowo.
Nigerian Women were represented by a counsel of the Falana and Falana Chambers, Barrister Marshal Abubakar. Nigerian women have suffered marginalization in the Nigerian Political Space. As a result, they proceeded with a litigation process to clearly state and reiterate the anti-discriminatory provisions of the Nigerian constitution and Gender Equality in Nigeria as enshrined in the Constitution.
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.
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 ORDER (S) the Honourable Court may make in the circumstance of the case.
Nigerian Women were represented by a coalition of women groups including the 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), Women’s Rights Advancement and Protection Alternative (WRAPA)
Vision Spring Initiatives (VSI), YIAGA Africa, International Federation of Women Lawyers (FIDA) and 100 Women Lobby Group.
Signed
Esther Alaribe
Women Radio wfm91.7
06/04/2022
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