Implement 35% Affirmative Action On Appointments, Court Orders FG

The Federal High Court in Abuja has on Wednesday ordered the Federal Government to implement its 35 per cent affirmative action policy in appointments into political positions in the country.

Justice Okorowo said he agreed with the plaintiffs that the Federal Government’s subscription to Article 19 of the African Charter on Human and People’s Rights implied that the defendants were bound by its provisions.

He therefore dismissed the objection of the defence.

The News Agency of Nigeria (NAN) reports that the plaintiffs, in the suit marked: FHC/ABC/CS/1006/2020, are the Incorporated Trustees of Nigerian Women Trust Fund, Women Empowerment 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, among others.

The groups, through their counsel, Funmi Falana, had sued the Federal Government and the Attorney General of the Federation as defendants in the suit.

They had sought the court order, ensuring the 35 per cent affirmative action policy of the Federal Government of Nigeria as contained in Sections 42, 147 (3) and 14 (3) of the 1999 Constitution as amended; the National Gender Policy, 2006, in the governance of the country, among others.

But the Federal 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 against the defendants.

He argued that the policy was not a law that could be enforced in court.

Delivering the judgment, Justice Okorowo upheld the submissions of the plaintiffs on the National Gender Policy and the 35 per cent affirmative action.

According to him, 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 plaintiffs,” the judge said.