Appeal Court yet to give verdict on 35 affirmative action as CJN receives petition over alleged marginalisation in judicial appointment

While Nigerian women await the verdict of the Court of Appeal in the appeal filed July last year by the Federal Government at the Court of Appeal, Abuja challenging a judgement of the Federal High Court, Abuja, which ordered the enforcement of the National Gender Policy by allotting 35 percent of appointments in the public sector to women with bated breaths, a Public Affairs Analyst, Sesugh Akume has sent a petition to the Chief Justice of Nigeria alleging injustice and imbalance in judicial appointments in Plateau State.

It is curious that while the federal government is seeking to set aside the judgment of a Federal High Court which held that the non-implementation of the National Gender Policy on 35 percent affirmative action on the appointment of women into political positions was a breach of women’s fundamental rights, the Nigerian Shippers’ Council (NSC), has surpassed the 45 percent affirmative action of the United Nations.

The government in one of its grounds submitted that: “The learned trial judge erred in law when he held that the Respondents’ suit was founded on enforcement of fundamental rights, and therefore disclosed a cause of action against the Appellants.

Sesugh Akume in the statement said female judges were marginalized in the recent appointment made by the National Judicial Council (NJC) for the High Court in Plateau.

The National Judicial Council (NJC) according to him, had within the month, announced the “recommendation of its interview committee to appoint five (5) judges of the High Court in Plateau, as follows: i. Charles Donlong ii. Ashashabu Suleiman Wase iii. Shikamma Kassam Shittu iv. Mary Abah Izam v. Nanle Titus Komak.

“It was observed that of the five persons only the fourth on the list, Mary Abah Izam, is female, indicating twenty percent (20%) female representation.

“It should be recalled, however, that the National Gender Policy (NGP) 2006, mandates public institutions in Nigeria to reserve thirty-five percent (35%) of all positions exclusively for women.

“I, therefore, respectfully brought to his lordship’s attention that the NJC’s interview committee’s recommendation not being in consonance with the letter and spirit of this national policy, presents the perception of the continued discrimination against women in judicial appointments up to this day and age.

“Also, that especially, the NJC, the apex and regulatory body which is of the judiciary to be seen as going against a national policy which seeks to create balance, and a fairer society, but rather be seen as increasing inequality and/or being indifferent to discrimination against women should not be encouraged.

“I, therefore, urged his lordship, as chairman of the NJC, to use your good offices to correct this historic injustice and set the pace for the judiciary in Nigeria to reflect more gender balance, now and always, beginning with this latest recommendation for appointment in the Plateau state judiciary”.

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