The Federal High Court Abuja, today delivered judgement in favour of Nigerian women in suit filed by various gender rights organisations alleging violations of several sections of the 1999 Constitution, the African charter on human and peoples rights and several other international treaties.
Nigerian Women, represented by a counsel of the Falana and Falana Chambers, Barrister Marshal Abubakar, asking the court to clearly state and reiterate the anti-discriminatory provisions of the Nigerian constitution and rule on their illegality.
The court, presided over by Justice Donatus Okorowo, commenced by deciding the preliminary objection to the suit, wherein the defendants represented by the AGF and Minister of Justice, 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 litigation process which has been on since 2020 has thus come to an end with victory for Nigerian women.
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.
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
