NIGERIA’S SPECIAL SEATS BILL

It is an imperative to restoring balance in the democratic system, argues

OLUWAFISAYO A. FAKAYODE

Nigeria stands at a critical juncture in its democratic evolution. In few days, the National Assembly will cast a decisive vote on the Reserved/Special Seats Bill – a landmark bill that could reshape the country’s democratic landscape. The bill proposes creating temporary additional legislative seats that would be contested exclusively by women in Nigeria’s National and State Assemblies to address the country’s low rate of female political representation. At its core, this bill is not merely about increasing the number of women in legislative chambers, it is about affirming democracy’s most fundamental promise: equity.

For decades, Nigerian women have remained underrepresented in governance, their voices muffled in spaces where laws and policies are made and futures are decided. Women make up nearly half of Nigeria’s population, yet they hold less than 5% of seats in the National Assembly. This stark under-representation is not just a statistical anomaly; it is a democratic deficit. The bill seeks to correct this imbalance by guaranteeing women a minimum presence in parliament, thereby dismantling systemic barriers that have long excluded half of the nation’s population from meaningful political participation.

The bill is more than a political goal, it is a constitutional and human rights obligation hinged on the principles of substantive equality and affirmative action. This human rights obligation stems from Nigeria’s ratification of several relevant international and regional human rights treaties including the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol). These instruments place obligation on the country to eliminate barriers to women’s participation in political and public life.

Article 7 of CEDAW obligates States including Nigeria to take all appropriate measures to eliminate discrimination against women in the political and public life of the country, ensure women on equal terms with men have the right to vote in all elections, are eligible for election to all publicly elected bodies, participate in the formulation and implementation of government policy and are able to hold public office and perform all public functions at all levels of government. Similarly, Article 9 of the Maputo Protocol places obligation on States Parties to take specific positive actions to promote participative governance and the equal participation of women in the political life of their countries through affirmative action, enabling national legislation and other measures to ensure that women participate without any discrimination in all elections, women are represented equally at all levels with men in all electoral processes and women are equal partners with men at all levels of development and implementation of State policies.  States shall also ensure increased and effective representation and participation of women at all levels of decision-making.

Critics of the Reserved/Special Seats Bill often argue that it undermines meritocracy. However, this critique confuses formal equality with substantive equality. While formal equality insists that men and women should be treated the same, substantive equality recognizes that identical treatment does not always produce fair outcomes when historical and structural disadvantages exist. In a society where patriarchal norms, economic disparities, systemic bias and discrimination within political structures hinder women’s access to political participation, substantive equality demands proactive measures. By adopting the bill, Nigeria would be practicing substantive equality: ensuring that women are not only formally entitled to participate but are actually empowered and equipped with a level playing ground to do so. This approach transforms equality from a theoretical promise into a lived reality, creating a legislature that reflects the diversity of the nation.

The bill is not about giving women an unfair advantage, it is about dismantling the barriers that have marginalized them for decades. It is a corrective measure to restore balance in a system that has historically excluded half of the population from political life. The temporary nature of the bill through including provision for a review to take place after four general election cycles (16 years) ensures that it serves as a transitional mechanism, not a permanent measure. It allows women to build political capital, networks, and experience that will enable them to compete on equal terms in the future. Article 4 of CEDAW explicitly permits temporary special measures to accelerate equality, acknowledging that without corrective action, women will remain marginalized.

The forthcoming National Assembly vote on the Reserved/Special Seats Bill is a defining test of Nigeria’s democratic conscience. Lawmakers must recognize that passing this bill is not an act of charity toward women, but a constitutional duty and a human rights obligation to uphold equity and women’s rights. By enshrining guaranteed representation, the National Assembly would be sending a powerful message that Nigeria is ready to build a democracy that reflects the full breadth of its people’s voices. The bill is more than legislation, it is a moral compass pointing toward a fairer, stronger, and more inclusive Nigeria. A democracy that sidelines women cannot claim to be inclusive, just, or truly representative.

As the National Assembly prepares to vote, the question before Nigeria is not whether women deserve a seat at the table, but whether the nation is ready to honor its democratic ideals by ensuring that everyone, regardless of gender, has the power to shape the country’s destiny. This is a litmus test for Nigeria’s commitment to women’s rights, equity, and democratic integrity. To oppose this bill is to endorse the status quo of gender imbalance. To support it is to affirm that democracy must reflect the diversity of its people. Nigeria cannot claim to be a true democracy while half its population remains politically invisible.

It is time to pass the Reserved/Special Seats Bill not as a favor to women, but as fulfillment of Nigeria’s human rights obligations.

Fakayode  is a Human Rights Lawyer & Gender Justice Advocate