The Laws and Rights Awareness Initiative has filed a fundamental
rights enforcement action against the Chief Judge of Lagos state
challenging the constitutionality of a Practice Direction issued in
1977 by the then Chief Judge of Lagos State – Justice J.A.
Adefarasin.
In the originating summons filed on by the firm of Olumide
Babalola LP, the Applicant sued for and on behalf of its female
members who are lawyers for the following reliefs:
1. A DECLARATION that Order 10 of the Respondent’s Practice
Direction PD/II/C.1/LS No.1 of 2001 is discriminatory and likely to
further discriminate against the Applicant’s female members in the
legal profession and thereby contravenes the provision of section
42(1)(a) of the Constitution of the Federal Republic of Nigeria,
1999 (as amended)
2. A DECLARATION that, contrary to the provisions of Order 10 of
the Respondent’s Practice Direction PD/II/C.1/LS No.1 of 2001, the
manner of addressing a female judge same was as a male judge is
unconstitutional by virtue of the provision of section 42(1)(a) of
the Constitution of the Federal Republic of Nigeria, 1999 (as
amended) which prohibits discrimination on the ground of sex.
3. A DECLARATION that the custom and/or practice of referring to
female lawyers/judges as male and/or brother, is discriminatory and
unconstitutional.
4. A DECLARATION that the phrase “Learned gentlemen in skirt” is
discriminatory against lady lawyers/judges.
5. A DECLARATION that a female judge should henceforth be addressed
as “My Lady” or “Justice Mrs./Miss”
6. AN ORDER setting aside Order 10 of the Respondent’s Practice
Direction PD/II/C.1/LS No.1 of 2001.
7. Such other consequential Order (s) that this honourable court
may deem fit to grant in the circumstance.
The Applicant deposed in its affidavit, through one of its
female lawyer members, among other facts that,
• “Since my call to the Nigerian bar, I have consistently
appeared before the High Court of Lagos State and other superior
courts of record in the country where female lawyers have been
referred to as “Gentlemen in skirt” and that there are no females
at the bar.
• I am aware by reason of my status as a legal practitioner that,
on the 6th day of January 1977, the Respondent introduced a
practice direction which provides that:
• “The manner of addressing a Judge, male or female, being now the
same”. Pleaded and marked Exhibit 2 is a copy of the said practice
direction.
• I know that, pursuant to practice direction quoted above, female
judges and female legal practitioners have been referred to as
though they are male and thereby discriminating against them on the
ground of sex.
• Pursuant to the Respondent’s direction, female judges have not
been accorded their recognition as female, rather they continue to
be addressed as male.
• I have attended many court sessions in Lagos state where
practitioners and judges have made statements that there are no
females or women at the bar.
• I and other female lawyers and members of the Applicant as well
as female judges have been referred to as “learned Gentlemen in
skirt” which statement and action I find discriminatory to our
sexual status as women.”
The suit has been given a temporary suit number
LD/TEMP/46742/2019 but yet to be assigned to a judge at the time of
this report.