In what can be regarded as a landmark verdict, Justice Donald Okorowo of the Federal High Court in Abuja has granted the 35 per cent affirmative action to Nigerian women and entered judgment in their favour in a suit filed by various gender rights groups in the country.
Justice Okorowo also granted all the reliefs sought by the groups on behalf of Nigerian women.
The groups have approached the court, challenging the alleged violations of several sections of the 1999 Constitution (as amended), the African Charter on Human and Peoples Rights and several other international treaties.
The court also made a pronouncement on the preliminary objection by the defendants represented by the Attorney-General of the Federation (AGF) and Minister of Justice where they 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.
Resolving the issue in favour of women, Â Justice Okorowo held that the Plaintiffs who are gender groups and NGOs have shown their interest in the suit via their affidavit evidence.
The judge further held that in the determination of life constitutional and statutory issues, anybody has an interest in the enforcement of such life statutory issues.
Regarding the main issue, Justice Okorowo  struck out the defendants affidavit and held that the plaintiffs have proven their case before the court.
Justice Okorowo consequently resolved the two issues in favour of the plaintiffs and granted all the reliefs sought by the co-plaintiffs
The litigation process which commenced from 2020, came  to an end with victory for Nigerian Women.
With this verdict, it is hoped that with this clear interpretations of the provisions of the 1999 Constitution (as amended) 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 Bar 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 Women Lobby Group.
Reliefs sought by the plaintiffs were as follows:
a) A declaration  that the failure of the 1st defendant to implement the 35 per cent 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 35 per cent 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 per cent 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 order the court may deem fit in this matter.
Here is the list of the plaintiffs who filed the matter  on behalf of Nigerian women and other 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
