NHRC Re-Enactment Bill: Nigerian Armed Forces protest exclusion from Governing Council

The Nigerian Armed Forces have protested against the exclusion of the Army, Navy, Airforce, Police and Department of State Services, DSS from the Governing Council of the proposed National Human Rights Commission Repeal and Re-enactment Bill 2020.

The National Human Rights Commission and other advocates are however seeking more Judicial Power for the Commission to enable it to perform more effectively.

These varying opinions on the proposed bill came to the fore on Monday during presentations at a public hearing held by the joint committee of the Senate and House of Representatives on Judiciary, Human Rights and Legal Matters.

In a lead protest against some of the provisions of the bill, the Chief of Army Staff, Lt. General Ibrahim Atttahiru represented by the Director of Legal Services, Brigadier General MU Wambai, said it was wrong for drafters of the bill to have excluded the Army, Navy, Airforce, Police and DSS from the Governing Council of the National Human Rights Commission.

According to him, Section 2(2)(b) of the bill listed the composition of the Governing Council of the National Human Rights Commission and at paragraph (b) (i) – (iii) ex – officio members were listed with the exclusion of the Armed Forces, Nigeria Police Force, DSS and other security agencies.

“Any mention of stakeholders on human rights in Nigeria would be incomplete without the Armed Forces and the Police because oftentimes, they receive the bout of litigations in courts over alleged human rights violations.“

Besides exclusion from the Commission’s Governing Council, Representatives of the security agencies also frowned at section 5 ( j) of the bill which seeks to empower the commission to make an appropriate determination on complaints brought before it as may be deemed necessary in each circumstance.

“It would also amount to travesty of justice if the investigating body determines the complaints and make same enforceable as it is a principle of justice that no man shall be a judge in his own case.”

In a similar vein, the Attorney General of the Federation and Minister of Justice, Abubakar Malami said section 5 paragraph (k) of the bill, should be expunged for giving the Commission powers that Clash with those of the Law Reform Commission.

The Attorney General who was represented by an official of the ministry, Mr Anthony Abah, also declared that it was wrong to seek power for issuance of a warrant of arrest for the Commission which according to him, constitutionally rest with courts of competent jurisdiction.

 Human Rights Fund

The Justice Minister also faulted section 15(2b) of the bill empowering the  Commission to get funds from multinational agencies.

“The multinationals are already overtaxed and the commission should have no link with them,” he said.

However, the Executive Secretary of the Commission, Mr Anthony Ojukwu in his presentation, applauded the provisions of the bill seeking to empower it with judicial powers of giving declarative awards like the High Courts.

He also supported the provisions seeking for widening of the scope of funding for the Commission, in making it not to solely rely on government that may even be petitioned against by any aggrieved Nigerian.

The Chairman of the Committee, Senator Micheal Opeyemi Bamidele also explained that there was a need to widen the scope of funding for the Commission for impartial and independent operations.

PIAK