SAN FRANCISCO, February 25, (THEWILL) – The Citizens Advocacy for Social & Economic Rights, CASER, has sought the leave of the Federal High Court in Abuja for an order compelling President Muhammadu Buhari to appoint the Governing Council and a substantive Executive Secretary for the National Human Rights Commission, NHRC, within seven days.
Noting that the commission has been without a Governing Council since July, 2015, CASER initiated legal proceedings for an order of mandamus on Buhari in accordance with Section 2 (3) and Section 7 (1) respectively, of the National Human Rights Commission Act, 1995 (As Amended ).
The rights body joined the Attorney-General of the Federation in the motion exparte which was filedon Friday by its Executive Director and lead counsel, Frank Tietie, explaining that the suit is purely in discharge of its responsibility under the Nigerian human rights regime and the United Nations system.
In a 21-paragraph affidavit deposed in support of the motion by CASER’s legal officer, Ikechukwu Umezuruike, the case of a ninety-year-old Nigerian and member of CASER, Engr. Kolawole O. A. Koiki was highlighted.
The affidavit pointed out that the hearing on the complaint made by Koiki to the NHRC since March 1, 2014 through his counsel, Mr Femi Falana SAN, has been stalled owing to the absence of a Governing Council for the commission.
Tietie listed the following as part of CASER’s contention, “That the President has a public duty under the general provisions of the National Human Rights Commission Act, 1995 (As Amended) to appoint a Governing Council and an Executive Secretary for the National Human Rights Commission.
“That only the Governing Council has the power to decide on petitions, cases and complaints of violations of human rights received from individuals or other persons or communities according to Rule 65 of the Standing Orders and Procedure of the National Human Rights Commission of Nigeria that are made pursuant to Section 23 of the National Human Rights Commission Act, 1995 (as Amended).
“That presently, the President of the Federal Republic of Nigeria ( the 1st Respondent) has refused to appoint and constitute a Governing Council for the National Human Rights Commission (NHRC) in order to enable it discharge its functions and responsibilities to the Nigerian people in accordance with Section 2 of the National Human Rights Commission Act, 1995 (As Amended).
“That presently, the President of the Federal Republic of Nigeria (1st Respondent) has refused to appoint a substantive Executive Secretary for the National Human Rights Commission (NHRC) in order to enable it discharge its functions and responsibilities to the Nigerian people in accordance with Section 7 of the National Human Rights Commission Act, 1995 (As Amended).
“That the failure of the President) to constitute a Governing Council and appoint a substantive Executive Secretary for the National Human Rights Commission has prevented the NHRC from carrying out its statutory functions as provided by Section 5 of the National Human Rights Commission Act, 1995 (As Amended), to include the highly important function of investigation and determination of cases of alleged human rights abuses in Nigeria together with awards of necessary compensations.
“That several members of the Applicant have several complaints of cases of human rights violations that are before the National Human Rights Commission that require investigations, inquiries and determinations but have either not commenced or have been stalled owing to the absence of a Governing Council and a substantive Executive Secretary for the NHRC.
“That the refusal of the President to appoint a Governing Council and an Executive Secretary for the National Human Rights Commission derogates from citizens’ enjoyment of their human rights and further exacerbates the human rights violations that have already been reported to the NHRC.
“That the continued failure of the President to constitute and appoint a Governing Council and a substantive Executive Secretary for the National Human Rights Commission (NHRC) would amount to Government interference in the workings of the NHRC under the United Nations system and would lead to the downgrading of the NHRC from its current ‘A’ status by the Global Alliance Of National Human Rights Institutions (GANHRI) in accordance with United Nations Principles relating to the Status of National Institutions (The Paris Principles), adopted by the United Nations General Assembly Resolution 48/134 of 20 December 1993.
“That the President has no restrictions or circumstantial hardships whatsoever in the exercise his powers and responsibilities to appoint a Governing Council and an Executive Secretary for the National Human Rights Commission.
“That CASER has a public interest duty under Section 46 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and under the general provisions of Article 3 of the Preamble of the Fundamental Rights Enforcement Procedure Rules made pursuant to Section 46 (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”
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