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Women demand withdrawal of FG’s appeal on 35% affirmative action one year after judgement

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Dame Pauline Tallen

Nigerian women has called on the Ministry of Justice to withdraw the appeal filed by the federal  government challenging its landmark victory on 35% Affirmative Action delivered by a Federal High Court in Abuja on Wednesday April 6th, 2022.

The call was made Thursday in Abuja in a statement signed by the Nigerian Women Trust Fund (NWTF) and Co-plaintiffs Women Empowerment and Legal Aid (WELA), Centre for Democracy and Development (CDD-West Africa), Women Advocates Research and Documentation Centre (WARDC), Vision Spring Initiatives (VSI), Women in Politics Forum (WIPF), Yiaga Africa Initiative, International Federation of Women Lawyers (FIDA) and the 100 Women Lobby Group.

The statement equally called on the outgoing President Mohammadu Buhari’s government, to implement  the judgment.

Recall that the judgment upheld and mandated the implementation of the provisions of the National Gender Policy (2006) on 35 percent affirmative action in appointive positions. 

The court also upheld the equality of the sexes and the constitutional mandate to recognize gender in all appointive positions, meaning that Nigerian women are now accorded 35 percent affirmative action as a matter of right in line with democratic ethos.

“This journey began in 2019 when the Nigerian Women Trust Fund called for collaboration on this historic litigation, of which eight organizations saw the need to join the suit to institute the action in court as co-plaintiffs. The case was first heard on Wednesday 2nd December 2020 at the Federal High Court Abuja and 16 months after on Wednesday 6th April 2022, the hope of Nigerian women and next generation of girls was reignited.

“Though this victories for Nigerian women were widely celebrated for shaping a Nigeria that is truly democratic, it was a great surprise to realize that the matter was appealed by the Federal Ministry of Justice Abuja in July 2022 in contradiction to President Muhammadu Buhari’s acceptance of the judgement through the Minister of the Federal Ministry of Women Affairs at the world press conference on 14th April 2022 at Treasure Suites Abuja, the statement said.

The statement also demand the immediate implementation of the judgment of the court by the President – elect Bola Ahmed Tinubu in all appointive positions in his cabinet. 

“We call on him to set up implementation framework for the enforcement of this landmark judgment and we demand for all parastatals, agencies and ministerial appointments to henceforth be in compliance with the National Gender Policy.

“We further demand that the 10th Assembly acknowledge that truly Nigerian women are equal citizens in Nigeria whose rights deserve to be honored by passing all the gender related bills hitherto before the 9th Assembly. 

According to the statement, there is the need to intensify advocacy for inclusiveness in Nigeria at the national, state and at the local government level especially after the poor representation of women emerging from the just concluded 2023 general elections. 

It added that women will continue to celebrate and make their marks in technology, law, business, governance, aviation, medicine amongst others.

“Today we celebrate the one year of the significant victory gained by Nigerian women.

“The landmark judgment upheld and mandated the implementation of the provisions of the National Gender Policy (2006) on 35 percent affirmative action in appointive positions. The court also upheld the equality of the sexes and the constitutional mandate to recognize gender in all appointive positions.

“In effect, it clearly means that Nigerian women are now accorded 35 percent affirmative action as a matter of right in line with democratic ethos,” the statement added.