4 Things Tinubu Govt Must Do to Ensure Implementation of Women’s 35% Affirmative Action in Nigeria
- The Federal High Court in Abuja in 2022 ruled in favour of the 35% affirmative action for women in public office appointments, marking a major victory for gender equality in Nigeria
- However, the government has yet to implement the ruling, raising concerns about Nigeria’s commitment to inclusivity and its international obligations
- Failure to act could erode public trust, hinder national development, and expose the government to legal and political fallout
In April 2022, a landmark decision from the Federal High Court in Abuja breathed new hope into the longstanding struggle for gender equality in Nigeria. The court ruled favouring the 35% affirmative action for women in public office appointments.
Justice Donatus Okorowo, who presided over the case, declared that the federal government’s failure to implement the National Gender Policy’s affirmative action provisions violated constitutional rights and international agreements to which Nigeria is a signatory. This historic ruling was hailed as a significant victory for women’s representation in governance. However, over two years later, the implementation of this judgment remains in limbo, and time is running out.
President Tinubu, with his wife Remi Tinubu makes gesture during his inauguration at a swearing-in ceremony at the Eagle Square in Abuja, on May 29, 2023.
Photo credit: Olukayode Jaiyeola/NurPhotoSource: Getty Images
With President Bola Ahmed Tinubu’s administration now under scrutiny, the lack of concrete steps to enshrine the 35% affirmative action into law raises concerns about Nigeria’s commitment to gender inclusivity. The repercussions of delaying or neglecting this decision could prove costly, both domestically and internationally.
The Case for Affirmative Action
The National Gender Policy, adopted in 2006, advocates for at least 35% representation of women in all public offices. Despite this policy, women’s participation in governance remains alarmingly low, with only a handful of women holding ministerial and legislative positions. In the current National Assembly, women occupy less than 10% of seats, a figure that lags far behind global and regional averages.
A coalition of Nigerian civil society organisations, led by the Nigerian Women Trust Fund, initiated legal action against the Nigerian government on 24 August 2020. The suit sought the enforcement of the 35 per cent Affirmative Action provision outlined in the National Gender Policy, which the government adopted in 2006.
The plaintiffs included several prominent groups, such as the Women Empowerment & Legal Aid (WELA) Initiative, the International Federation of Women Lawyers, the Centre for Democracy and Development (CDD – West Africa), and the Nigeria Women Trust Fund (NWTF). Other organisations involved were the Women Advocates Research and Documentation Centre (WARDC), Vision Spring Initiatives (VSI), Women in Politics Forum (WIPF), 100 Women Lobby Group, and YIAGA Africa.
On 6 April 2022, the coalition secured a significant victory for Nigerian women, aided by pro bono legal services from Falana and Falana Chambers.
In his ruling, Justice Donatus Okorowo affirmed the plaintiffs’ argument, stating that Nigerian women had faced systemic discrimination in appointments to key government positions. This judgement marked a milestone in the advocacy for gender equity and the implementation of the National Gender Policy.
It also highlighted the government’s failure to uphold its commitments under international agreements like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the African Charter on Human and Peoples’ Rights.
A Missed Opportunity?
The Tinubu administration, which campaigned on promises of inclusivity and economic reforms, has an opportunity to demonstrate leadership by implementing the affirmative action policy. However, the lack of decisive action thus far suggests a potential disconnect between promises and practice.
Failure to implement the affirmative action policy could have several consequences:
Erosion of Public Trust:
Women, who constitute nearly half of Nigeria’s population, may view the administration’s inaction as a betrayal. This could deepen political apathy among women and erode trust in governance.
Missed Development Opportunities:
Studies have consistently shown that gender-diverse leadership fosters innovation, inclusivity, and economic growth. By sidelining women, Nigeria risks undermining its developmental goals and perpetuating systemic inequalities.
International Reputational Damage:
Nigeria’s failure to honour international commitments to gender equality could tarnish its global standing. It may also weaken its position in negotiations with international bodies and donors who prioritise inclusivity in governance.
Legal and Political Fallout:
The Federal High Court’s 2022 ruling was clear: the failure to implement affirmative action violates constitutional and international obligations. Continued inaction could expose the administration to further legal challenges, setting a precedent for judicial intervention in governance.
The Path Forward
To avert these repercussions, the Tinubu administration must act swiftly.
Here are some steps the government can take to ensure the implementation of the 35% affirmative action:
Legislative Backing:
The administration should push for legislation to codify the 35% affirmative action into law. This move would ensure that future governments are bound by the policy, providing a framework for sustained gender inclusivity in governance.
Institutional Reforms:
Strengthening institutions to support women’s participation in politics is crucial. This includes providing funding for female candidates, enhancing political party structures to accommodate women, and addressing systemic barriers like violence and harassment in the political space.
Public Awareness Campaigns:
The government, in collaboration with civil society organisations, can launch campaigns to raise awareness about the importance of gender equality in governance. Such initiatives would help shift societal perceptions and garner public support for affirmative action.
Transparent Appointments:
The Tinubu administration must lead by example by ensuring that upcoming public appointments reflect the 35% benchmark. This would send a strong signal of commitment to inclusivity and inspire confidence among women and other marginalised groups.
The Broader Implications
Beyond compliance with court rulings, implementing the 35% affirmative action policy is a moral and strategic imperative. Nigeria stands at a crossroads: it can either continue to perpetuate gender disparities or take bold steps to foster an inclusive society that maximises its human capital.
The journey toward gender equality is not merely about meeting quotas; it is about recognising the intrinsic value of women’s contributions to governance and nation-building. From Ngozi Okonjo-Iweala’s leadership at the World Trade Organization to Amina Mohammed’s role at the United Nations, Nigerian women have consistently proven their mettle on the global stage. It is high time the nation capitalised on this potential at home.
As the Tinubu administration deliberates its next steps, it must remember that time is of the essence. The consequences of further delay extend beyond legal ramifications; they strike at the heart of Nigeria’s development and its commitment to equity.
The path forward requires courage, vision, and political will. By implementing the 35% affirmative action policy, the Tinubu administration can not only honour a court ruling but also set a precedent for inclusive governance that will resonate for future generations.
Nigerian women still chasing 35% affirmative action
TheTalk.NG had earlier reported that the off-cycle polls in Bayelsa, Kogi and Imo states missed an opportunity to produce women with leadership roles.
This pattern echoes the discouraging trends observed in the previous general election and the composition of President Tinubu’s cabinet.
The Nigeria Women Trust Fund (NWTF) is urging the government to actively prioritise and embrace the inclusion of women in key decision-making positions.
Source: TheTalk.NG
