FG Vs Women Groups: Court to deliver gender policy judgement in March

The Federal High Court sitting in Abuja has fixed March 30, 2022 to rule in a suit seeking the enforcement of the National Gender Policy in Nigeria.
   
Women in Politics Forum (WIPF), a non-partisan forum for addressing women’s marginalisation in politics and decision-making, filed the suit against the Nigerian government last year, joining President Muhammadu Buhari and the Attorney General of the Federation, Abubakar Malami, as defendants. The suit sought inclusive governance that gives room for gender equity to reflect true democracy in Nigeria.
   
The predominant appointment of men to decision-making positions, especially ministerial, excluding women is discriminatory against women and in violation of sections 147 and 42 of the Nigerian constitution and article 19 of the African charter on people’s and human rights and other international human rights instruments like CEDAW, ICCPR and ICESCR, Funmi Falana, lead counsel for the group, argued in her written address filed in September last year.


Falana further informed the court that the plaintiffs have a right of action and are competently before the court, praying the judge to ensure strict compliance to the anti-discriminatory provisions of the Nigerian constitution and entrench Gender Equality in Nigeria.
 
But the government’s legal team led by Terhemba Agbe urged the court to strike out the suit on the grounds that it did not disclose any cause of action.

It said the policy is not a law that can be enforced in court. The judge, Donatus Okorowo, fixed March 30 for judgement after both parties’ made their final submissions.
   
Relieves sought by the plaintiffs include, a declaration that the failure of the first defendant to implement the 35 percent affirmative action policy of the Federal Government of Nigeria is illegal, unlawful, null and an arbitrary violation of the National Gender Policy, 2006; 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 Adrian Charter of Human and People’s Rights; 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 of Human and People’s Rights and does not violate the right of women of equal access to public office and an injunction restraining the first 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 as well as an order mandating 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 of Human and People’s Rights.
   
The co-plaintiff organisations on behalf of Nigerian women and critical stakeholders include the Nigeria Women Trust Fund (NWTF), Women Empowerment and Legal Aid (WELA), Women in Politics Forum, 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 the 100 women lobby group.

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