The amended National Human Rights Commission Act (2010) has in no small measure conferred enormous powers and legitimacy on the Commission. This can be discerned from the recent directives to the National Human Rights Commission (NHRC) by the presidency to investigate the weighty allegations made by Chief Olusegun Obasanjo, former Nigerian President, in his open letter dated 2/12/2013 to President Goodluck Ebele Jonathan.
The National Human Rights Commission was established vide Decree No: 22 of 1995 by the then maximum Military ruler Gen. Sani Abacha. He ruled the nation with terror, recklessly violating citizen’s fundamental rights and basic freedoms with impunity. Unfortunately for him, he assumed power at a time when respect for human rights was an instrument to measure delivery of good governance and tenets of democracy worldwide. Having towed a different direction, Nigeria became a pariah state in the comity of nations. Consequently, to acquire some form of legitimacy for his draconian rule he had no choice than to establish the Commission but deliberately ensured that the Commission’s operational legal framework was weak in that the commission had no independence and also the tenure of the Chief Accounting Officer was unsecured. But then, by just establishing the Commission in 1995, Nigeria gained acceptance in the International Human Rights Community to the extent that in the year 2000, the Commission was accredited by the International Coordinating Committee (ICC) with “A’’ status which implied that the Commission was not only independent but also effectively carrying out its mandate. The international community was almost deceived on this one until when the then Executive Secretary of the Commission Bukhari Bello was arbitrarily removed from office in 2007 for daring to assert the independence of the commission. The international community reacted swiftly and Nigeria was promptly stripped of the “A’’ status and reduced to “B’’ status as a mere observer. As said earlier, democracies are measured by respect to, promotion and protection of human rights and observance of the rule of law. The dramatic removal of Bello exposed Nigeria to allegations of operating a sham democracy and rule of impunity. Nigeria was again isolated by the international community.
With increasing isolation of Nigeria for its human rights records and intense pressure, something had to give. Consequently, in 2010, President Goodluck Jonathan signed the National Human Rights Commission (Amendment) Act 2010. The amended Act secured the tenure of the Executive Secretary, granted wide powers to the Commission to conduct investigations and inquiries in such manner as it considers appropriate; arrest and investigate human rights violations and to make awards and recommendations which will be recognized and enforced as the decisions of a High Court.
After the amendment of the Act, Professor Bem Angwe, an erudite Professor of law was appointed as the Executive Secretary of the Commission. The Governing Council of the Commission was also inaugurated. The Council is headed by another human rights Czar, Professor Chidi Anselm Odinkalu.
With the amendment of the National Human Rights Commission Act, the appointment of the Executive Secretary and the inauguration of the governing council, the tempo of activities of the Commission have been heightened. Citizens’ confidence in the Commission has also deepened as the promotion and protection of their rights is guaranteed. The Commission has also regained its “A’’ status with the ICC. The result is the number of high profile cases been handled by the commission which has also enhanced its national and international visibility. These cases include but not limited to:
i) The petition by the Governor of Rivers State, Rotimi Amaechi, to the Commission against Joseph Mbu, the Commissioner of Police in Rivers State wherein he accused the Commissioner of Police of exercising his duties without recourse to necessary constitutional and legal standards.
ii) The petition to the commission by Clara, Governor Sullivan Chime’s wife, that the husband had incarcerated and subjected her to horrific and intolerable conditions that curtailed her freedom and threatened the enjoyment of her human rights.
iii) The petition by Global Rights Group and National Commercial Tricycle and Motorcycle Owners and Riders Association of Nigeria (NATOMORAS) with respect to the killing of eight (8) persons on September 20, 2013 by security operatives for allegedly belonging to the Boko Haram sect. But nothing has conferred more legitimacy on the commission than the recent directives given to the Commission by President Jonathan to investigate the allegations contained in Obasanjo’s open letter to him dated 2/12/13 earlier referred to. In a memo reference No: HAGF/NHRC2013/vol2/5, addressed to the Executive Secretary of the NHRC Prof. Bem Angwe, the Attorney General of the Federation requested the commission to investigate the allegations contained in Obasanjo’s letter. Some of the allegations to be investigated by the Commission include: keeping over 1000 people on political watch list and training of Snipers. This assignment, in addition to the petitions earlier mentioned, has saddled the commission with higher and nobler responsibilities. I have no doubt that the calibers of men at the helm of affairs at the commission have the moral, professional and intellectual capacity to discharge these responsibilities. I met with Professor Bem Angwe, the Executive Secretary of the Commission in Geneva on the 3rd September, 2013 during the Pre-session of Universal Periodic Review (UPR) on Human Rights situation in Nigeria. Professor Bem Angwe with confidence, satisfaction and a sense of responsibility assured the Permanent Missions present that the NHRC Act had been amended to give the Commission the desired independence and also imbued with expanded powers to operate as any other National Human Rights Institution of global reckon. It is therefore safe to submit that the recent directives by the President to the commission, Governor Amaechi’s petition and the complaint of Sullivan Chime’s wife to the commission, the petition on the alleged extra juridical killings of suspected Boko Haram members in Abuja recently by the military, attest to the growing confidence Nigerians have reposed in the commission. To my mind Section 6(3) of the amended Act which provides that ‘In exercising its functions and powers under this Act, the Commission shall not be subject to the direction or control of any other authority or person’ is fundamental to the discharge of the Commission’s functions. It is of interest that in the exercise of its functions in relation to Obasanjo’s letter, the Commission has indicated that it might put its searchlight on acts of human rights violations in Nigeria committed from 1995.
It is suggested that the commission utilize the enormous powers conferred on it by the Amended Act to promote, protect, uphold and sustain the rights of Nigerians so that citizens will appropriate the democratic tenets of basic freedoms, equality, equity, justice, security, order and good socio-economic life.
Clement Iornongu is a legal Practitioner and Executive Director, Int’l Centre for Peace, Charities and Human Dev. (INTERCEP)
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