The National Human Rights Commission (NHRC), the Human Rights Institute of the Nigerian Bar Association (NBA) and the Body of Vice Chairmen of the NBA have brainstormed on Strategy for Accessing Remedies for Human Rights Violations in Nigeria.
Indeed, the National Human Rights Commission (NHRC) has therefore emphasised it determination to develop Model Practice Directions for State and Federal Capital Territory (FCT) High Court and Federal High Court to ease access to justice, thereby boosting the enjoyment of human rights in Nigeria.
Speaking at a dialogue between the parties in Abuja, the Executive Secretary of the Commission, Chief Tony Ojukwu noted that he purpose of the Practice Directions is to give effect to the provisions of Section 22 of the National Human Rights Commission Act 2010 (the enabling) particularly in terms of the enrolment and enforcement of awards, recommendations and decisions of NHRC.
The theme of the meeting, “Strategic Dialogue on Accessing Remedies for Human Rights Violations in Nigeria”, Ojukwu said when the Practice Directions of the parley is finalized the decisions and recommendations of the Commission can be registered in Court and enforced as the judgments of the Court.
According to the learned Silk, this arrangement will facilitate access to justice, saying Nigerians will now take the full benefits of the extant laws particularly those that relate to the protection and enforcement of human rights.
In a keynote address, Mr. Femi Falana (SAN) observed that Nigeria has several laws that are made to protect civil and human rights of citizens but regretted that people do not take advantage of these laws, perhaps because they are ignorant of their existence or prefer to leave everything to God.
Against this backdrop, he urged Nigerians to go to Court to seek remedies once their rights are violated because there are several laws guaranteeing their remedies.
The Human Rights Activist cited several laws such as Chapters 2 and 4 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), Administration of Criminal Justice Act 2015, Anti-Torture Act, as well as regional and international laws like the African Charter on Human and People’s Rights (ACHPR), International Covenant on Civil and Political Rights (ICCPR) and International Covenant and Economic Social and Cultural Rights (ICESCR) which he noted were made for the fulfilment of human rights.
Besides, he stated that there are institutions of the government like the Courts, NHRC, the Legal Aids Council of Nigeria (LACoN) that are there to assist Nigerians to seek remedies when their rights are violated, thus he encouraged victims of human rights violations to take advantage of these institutions whenever the need arises.
Also, in her address on “Implementing the Decisions of End SARS Judicial Panels of Inquiry”, the Founder and Chief Executive Officer of Women’s Aid Collective (WACOL), Prof. Joy Ezeilo (SAN) said that one cannot talk about access to justice without effective remedy.
According to the former UN Special Rapporteur on Trafficking in Persons, it is essential to consider the satisfaction of victims of human rights violations in the process of accessing remedies and also extract apologies from the violators, who should also promise not to repeat such offences or violations in future.
On her experience as a member of the Judicial Panel of Inquiry in Enugu State, the University Don bemoaned about the attitude of some policemen who appeared before the panel, saying that they were more interested in shielding their errant colleagues rather than assisting the panel to serve justice.
Similarly, the former Vice President and Chairman of NBA Section on Public Interest and Development Law (NBA-(SPIDEL), Mr. John Aikpokpo Martin observed that a lot of grievous human rights violations occur in the society including those perpetrated by the police and other persons and that the government cannot sweep such worrying incidents under the carpet.
He expressed concern that the government is yet to implement the recommendations of the SARS panel, pointing out that failure to implement these recommendations would encourage impunity and endless human rights violations in the society.
He noted that no action has been taken against the 78 policemen who the SARS panel recommended for various punishments ranging from demotion, compulsory retirement and prosecution.
Speaking on “New Opportunities for the Enforcement of Judgments and Access to Remedies for Human Rights Violations”, the Solicitor General of the Federation and Permanent Secretary Federal Ministry of Justice, Mrs. Beatrice Jedy-Agba said that the Ministry is in support of access to justice but pointed out that lack of fund was the reason behind non-payment of some awards and judgment debts.
Meanwhile, the Permanent Secretary who was represented at the occasion by a Senior Lawyer in her Office, Enoch Simon confirmed that timely prosecution of fundamental rights cases and payment of judgment debts constitute a major challenge to the Justice Ministry.
In his remarks, the Chairman of NBA Human Rights Institute, Chino Obiagwu (SAN) opined that awareness creation on human rights is the panacea for human rights protection since people must first understand that they have the rights to make claims on the society towards the fulfilment of human rights.
Dignitaries who also witnessed the event include the President, Lawyers Alert, Mr. Rommy Mom, Chairman Body of Vice Chairmen of NBA, Abiye Tam-George, among others.
