The Abuja Federal High Court has set Monday March 30 for sentencing in a lawsuit seeking the application of the National Gender Policy in Nigeria as a means of addressing discrimination against women in politics and government.
Women in Politics Forum (WIPF) filed the lawsuit against the Nigerian government
“The predominant appointment of men to decision-making positions, especially ministerial positions, to the exclusion of women is discriminatory against women and violates sections 147 and 42 of the Nigerian constitution and article 19 of the African charter,” Funmi Falana, the group’s attorney, argued in his brief filed on September 29, 2021.
But the Nigerian government’s legal team led by Terhemba Agbe urged the court to dismiss the suit on the grounds that it did not reveal any cause of action.
He said the policy is not a law that can be enforced in court.
The judge, Donatus Okorowo, set March 30 for the trial after both sides made their final submissions on Monday.
Plaintiff’s Argument
Ms. Falana, in her presentation, lamented that women were being discriminated against as a result of the belief that women were inferior to men.
He pointed out that the National Gender Policy (NGP), which establishes that women must occupy 35 percent of all appointments, is being violated.
“Only seven of Nigeria’s 36 ministers are women. In the eyes of the law, 36 and 7 are not equivalent. Only four of the 37 members of the Federal Commission they are women. This is ridiculous and insulting,” Falana said.
He cited section 14(3) of the Nigerian Constitution to support his call for the application of NPM.
He noted that the provision requires that the composition of the federation government or any of its agencies, and the conduct of its affairs reflect the federal character of Nigeria, promote national unity and also command national loyalty.
The provision, according to her, also seeks to ensure “that there will be no predominance of people from a few states or from a few ethnic or 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 “there shall be no predominance in the appointment of any group of persons.”
Ms. Falana said that the provision provides a basis for the inclusion of the female gender in government, adding that section 42 specifies that no one should be discriminated against because of their gender.
“So we say, my honor, that the preponderance of men in ministerial and decision-making positions is discriminatory, which can be summed up as anything that is disadvantageous to a person,” added Ms. Falana.
She added that beyond the constitution, the international universal declaration of human rights of 1948, the international convention of the social economic act and the convention of the elimination of all forms of discrimination against women, all the stages that women and men they are equal and there will be no discrimination. She said that Nigeria is a signatory to all these conventions, which means that Nigeria is subject to these laws.
Ms. Falana recalled that the National Gender Policy establishes that women must occupy 35 percent of all appointments.
This, he noted, is a by-product of Nigeria’s signing of the International Convention on the Elimination of All Forms of Discrimination against Women.
He regretted that the government has “refused to go ahead with this strategy.”
“The defendant has argued that the policy is not law. But the court has ruled that the government is bound by its policies and will be ‘commended’ for denying people the benefit of such policies,” argued Ms. Falana.
It also disputed the defendant’s contention that the plaintiffs lacked locus standi to sue.
It stated that since the scope of the meaning of locus standi has been expanded in various court decisions, “any person or any non-governmental organization has the ability to go to court in cases involving public interests.”
Defending
The defense attorney, Terhemba Agbe, in his speech, argued that the plaintiff’s case did not disclose the cause of action and then urged the court to annul or dismiss the plaintiffs’ case.
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He said that the policy can be pressed to be approved by the National Assembly, and not by the court.
He added that the Nigerian Constitution, in section 147, gave the president guidance for the appointment of ministers, in doing so the president must ensure that there is a minister from each state and not from all genders.
“No matter how sentimental the plaintiffs are, the ministerial appointment or the appointment of any government parastatal is not governed by sex but by qualifications or who the president thinks can do the job. This is guided by the constitution,” said Agbe.
Ms. Falana responded to the defense’s argument that when a provision of chapter 2 can be linked to any provision of chapter 4 or to any other provision of the constitution, it becomes incidental and justiciable.
“The right to health is not justiciable until it is linked to the right to life,” added Ms. Falana.
The judge, after listening to both parties, postponed until March 30 to pass sentence.
WIPF
WIPF is a non-partisan forum for women to address the marginalization of women in politics and decision-making. He also recognizes the importance of unity.
The forum that was created in 2011 is also working to increase the voice and capacities of women politicians, groups and individuals who work to influence and promote the participation of women in the political process, in order to achieve a more equitable society and democratic governance for women.