THE Abuja Division of Federal High Court presided over by His Lordship, the Honourable Justice Donatus Okorowo on Wednesday ordered the federal government to enforce the National Gender Policy by allotting 35% of appointments in the public sector to women.
Delivering his judgement on a suit brought before it against the federal government by Women in Politics Forum (WIPF), a civil society organisation, Justice Okorowo, held that Nigerian women had been subjected to various forms of discrimination concerning appointments into key positions of government.
WIPF had prayed the court compel the federal government to implement the 35% Affirmative Action in appointments of women into public office.
Justice Okorowo dismissed the preliminary objection of the federal government’s lawyer, Mr Terhemba Agbe, who had argued that WIPF’s case did not disclose any cause of action. He upheld the plaintiff’s argument “that of all the 44 ministries, there are only about six female gender, and that the situation is worse in other MDAs and agencies.”
Justice Okorowo also held that the federal government, had by its action implied that there are no competent and reliable women that should be appointed to “stop the apparent male dominance as witnessed in the appointments” of men into key government positions.
“I agree with their (plaintiff) contention that this cannot be possible out of 70 million women in Nigeria,” the judge held, adding that the Attorney General of the Federation who was the sole defendant in the matter “failed to disprove the material allegations contained in the affidavit, and led no credible evidence to debunk material evidence of the plaintiff…The plaintiff has led cogent, verifiable evidence backed by incontrovertible depositions in their affidavit evidence contrary to the objections raised by the defendant,” the judge said.
Justice Okorowo also held: “These violations with impunity and reckless abandon were projected by the plaintiff,” adding that “the defendant merely based their arguments on the grounds that the plaintiff’s demands are not justiceable.”
The judge further held that “dismantling barriers to women’s participation in public spheres has been achieved through progressive interpretation of municipal laws and international obligations and treaties.
“Formulating policies based on sex, stereotyping and feudal and patriarchal traditions will no longer be tolerated due to the supremacy of constitutional values,” Justice Okorowo noted, stressing that the court was duty-bound to uphold “the 2006 Affirmative Action for women.”
“This court is not expected to achieve less for Nigerian women, since the constitutional obligation of this court is to apply the law. The two issues for determination are resolved in favour of the plaintiff,” Justice Okorowo affirmed.
WIPF filed the suit through its lawyer, Mrs Funmi Falana, who argued during hearing that women were being discriminated against as a result of the belief that women were inferior to men. She noted that the National Gender Policy (NGP) which provides that women should be allocated 35 per cent of all appointments was being violated.
“The predominant appointment of men to decision-making positions, especially ministerial positions, with the exclusion of women is discriminatory against women and is in violation of sections 147 and 42 of the Nigerian constitution and article 19 of the African charter,” Mrs Falana had argued in her written address filed on September 29, 2021.
She also argued: “Only seven of Nigeria’s 36 ministers are female. In the eyes of the law, 36 and 7 are not equivalent. Only four of the 37 members of the Federal Character Commission are women. This is ridiculous and insulting.” She cited section 14(3) of the Nigerian Constitution to back her call for the enforcement of the NGP, noting that the provision mandates that the composition of the government of the federation or any of its agencies, and the conduct of its affairs shall reflect the federal character of Nigeria, promote national unity and also to command national loyalty.
She further argued that the provision also seeks to ensure “that there shall be no predominance of persons from a few states or from a few ethnic or other sectional groups in that government or in any of its agencies.” She said the provision is in line with Article 19 of the African Charter, which specifies that “no predominance in appointment of any set of people shall exist.”
Mrs Falana said the provision provides a basis for female gender inclusion in government, adding that section 42 specifies that no one should be discriminated against because of their gender. “We are, therefore, saying, my lord, that the preponderance of men in ministerial and other decision-making positions is discriminatory, which may be summarised as anything that is disadvantageous to a person.”
She added that beyond the constitution, the Universal Declaration of Human Rights 1948, International Convention of Social Economic Act and the Convention of the Elimination of All Forms of Discrimination Against Women, all of which Nigeria is a signatory, state that women and men are equal and there shall be no discrimination.
The defence lawyer, Terhemba Agbe, in his address, urged the court to dismiss the suit on the grounds that it did not disclose any cause of action. He said the policy can be lobbied to be passed into law by the National Assembly, and not by the court.
He added that the Nigerian Constitution in section 147, gave the president a guideline for appointments of ministers, and in doing that, the president should ensure there is a minister from every state and not from all sexes.
“No matter how sentimental the plaintiffs are, ministerial appointment or appointment of any government parastatals is not guided by sex but on qualifications or on who the president thinks can deliver the job. This is guided by the constitution,” Mr Agbe said.
