Court orders FG to implement policy reserving 35% of public offices for women

A federal high court in Abuja has ordered the federal government to implement its 35 percent affirmative action policy on public service positions.

Donatus Okorowo, the presiding judge, said this while delivering judgment on Wednesday in a suit filed by some women groups challenging the “marginalisation” of women by the federal government.

The plaintiffs in the suit include the Incorporated Trustees of Nigerian Women Trust Fund, Women Empowerment and Legal Aid and Centre for Democracy and Development (West Africa.)

Others are Women Advocates Research and Documentation Centre, Vision Spring Initiative and Women in Politics Forum.

The president and Abubakar Malami, attorney-general of the federation, were listed as defendants in the suit marked FHC/ABC/CS/1006/2020.

The groups had sought the order of the court to ensure the 35 percent affirmative action policy of the federal government as contained in the National Gender Policy, 2006.

The policy, which was approved by the federal executive council (FEC) in 2006, provides that 35 percent of public offices be reserved for women.

In his verdict, the judge dismissed the preliminary objections of the defendants.

The judge agreed with the plaintiffs that the “lopsided appointments” by the Buhari-led government were unlawful and an arbitrary violation of the National Gender Policy 2006, sections 42, 147 (3) and 14 (3) of the 1999 constitution as amended, and Articles 2, 13 (2) and (3) and Article 19 of the African Charter of Human and Peoples Rights.

He held that the national gender policy is not merely a policy statement, but one that must be backed with requisite action on the part of government.

The court also ordered that henceforth, government must not make appointments that violate the 35 percent affirmative action.

He said the 35 percent affirmative action, which entails increased appointive positions for women to ensure inclusivity, must translate to the increased commitment of government, being a signatory to international treaties particularly those on promoting the rights of women.

Meanwhile, the development comes weeks after federal lawmakers rejected a bill seeking to reserve 35 percent of seats on the national assembly for women.

The rejection sparked protests across the country, with women groups occupying the national assembly for days.

Amid efforts to persuade the women to shelve the demonstration, the house of representatives rescinded its decision on the bill and promised to carry out fresh voting on it.