The Federal Government of Nigeria was ordered by a high court ruling to guarantee that thirty-five percent of all appointive posts into public offices be reserved for Nigerian women. The Nigerian Women Trust Fund (NWTF) and other interest groups have called on President Bola Ahmed Tinubu to comply with this ruling.Brenda Anugwom, the Chief Executive Officer of NWTF, made the call. She stated that both the federal and state governments have been hesitant to appoint an adequate number of women into their cabinets, more than 18 months after the ruling that affirmed the necessity of implementing the Gender Policy in Nigeria.
The Federal Government of Nigeria was ordered by the Federal High Court in Abuja to implement the National Gender Policy by giving women 35 percent of the appointive jobs in the public sector. This ruling was issued in April 2022.
This came after intense lobbying efforts and the final filing of a lawsuit against the Nigerian government by nine Civil Society Organizations (CSOs), including the Nigerian Women Trust Fund and other Women Interest Groups, demanding the National Gender Policy's implementation.
The Open Society Africa (OSF) provided support for this effort aimed at promoting inclusive governance in Nigeria.
Judge Donatus Okorowo agreed with the plaintiff in a historic ruling that Nigerian women have experienced discrimination in a number of ways related to recruitment to important government jobs.
Citing Section 42 of the Nigerian Constitution, the judge ordered the Federal Government to execute the 35 percent affirmative action program, stating that it is imperative to remove all obstacles that prevent women from participating in the public sector.
Nevertheless, the Government had not yet put the ruling into effect eighteen months later.
Anugwom expressed concern during an interview with The Guardian in Abuja that the Federal Government has not yet developed a plan or taken any action to guarantee that women are fairly represented in at least 35 percent of public offices, even though the Gender policy has legal support.
She said that although the Federal Government (FG) had initially promised, under the then-minister of women's affairs, Dame Pauline Tallen, to uphold and implement the court ruling on 35 percent affirmative action, she believed that the FG's persistent delays, beginning with Muhammadu Buhari's administration and continuing under President Tinubu's leadership, were not encouraging signs for Nigerian democracy.
"It is really depressing, and I have no doubt that Nigerian women are angry about the government's flagrant disregard at all levels for the historic ruling from the high court that was obtained more than eighteen months ago. Though we all know that court rulings are based on the constitution, which is still Nigeria's ultimate law, I am concerned about the frequency with which court orders are being ignored with no redress, the woman bemoaned.
She claimed that the Nigerian constitution's recognition of gender equality and its mandate to consider gender in all appointed positions were no longer news, and she bemoaned the blatant disregard for court orders as a contributing factor to the ongoing violations of human rights due to a lack of faith in the integrity of the legal system.
She states that "the disobedience of court orders by any arm of government is an attack on the fundamental human rights of Nigerian women as well as a flagrant violation of the basic principles of rule of law."
To give women a stronger voice in public policies and the decision-making process in Nigeria, she urged President Tinubu to write his name in gold by becoming the first to assiduously follow the 35 percent affirmative action policy.
"The President should remember that, not just for other arms and levels of government, but also for his successors, his actions or inactions on women's inclusion in his government will set a precedent," the speaker stated.
In her words, "the political class's willingness to take the bold step towards the inclusion of women into public offices is what matters most at this moment, not the ability or availability of women with competence and character."
Regarding the initial appeal that was submitted by Abubakar Malami, the Attorney General of the Federation at the time, she stated that it was not filed within the legally permitted 30-day period and that it was unconstitutional.
Furthermore, it is concerning that the Federal Government (FG) intends to file an appeal against a national policy such as the gender policy, which is enshrined in the Nigerian constitution and other international and regional agreements that ensure equality and nondiscrimination.