A Clarion Call For The Constitutional Guarantee Of The Independence Of The National Human Rights Commission Of Nigeria By Hameed Ajibola Jimoh Esq. – TheNigerialawyer

According to the information on the website of the National
Human Rights Commission of Nigeria-herein after referred to as the
Commission-, the Commission was established by the National Human
Rights Commission Rights 1995 (as amended) in line with Resolution
48/134 of the United Nations General Assembly which enjoins all
member states to establish independent National Institutions for
the promotion, protection and enforcement of human rights.

The Commission serves as an extra-judicial mechanism for the
respect and enjoyment of human rights. It also provides avenues for
public enlightenment, research, and dialogue in order to raise
awareness on Human Rights issues.

There are 13 Departments in the administrative structure of the
Commission namely:• Human Rights Institute, • Human Rights
Education & Promotion,• Finance and Account • Civil &
Political Rights, • Economic Social & Cultural Rights, • Women,
Children & Vulnerable Groups, • Legal Services &
Enforcement, • Human Resource Management, • Corporate Affairs &
External Linkages Directorate, • Reform Co-ordination & Service
Improvement, • Planning, Statistics & Documentation, •
Directorate of Procurement, • Monitoring Department.

There are 4 functional units in the Commission, they include: •
Council Secretariat, • Internal Audit, • Complaints Registry, •
Information and Communication Technology.

The Commission presently has State offices in all 36 states of
the country and the FCT.

The thematic focus of the Commission are as follows:

1. Women and Gender Matters
2. Children

• Corruption & Good Governance

1. Police, Prison & Other Detention Centres
2. Environment & Niger Delta
3. Education

• Freedom of Religion & Belief
• Torture, Extra-Judicial, Summary & Arbitrary
  Executions

1. Law Reform and Law Review
2. Independence of the Judiciary and Access to Justice.

From the foregoing, it is clear that in line with the Resolution
48/134 of the United Nations General Assembly which enjoins all
member states to establish independent
National Institutions for the promotion, protection and enforcement
of human rights (the word independent is underlined by me for
emphasis). The consideration of this paper is to the effect that
the Commission despite its establishment is not independent under
the Constitution as the main Federal Government’s Agency or
Commission established for the promotion, protection and
enforcement of human rights. This independence is very important to
the effectiveness and efficiency of the Commission in combating any
alleged or suspected violation of the human rights of Nigerians
both nationally and internationally. Nigerians have remained to be
suffering in the hands of international antagonists especially in
South-Africa but the Commission’s voice has not been heard on this
allegation (I am not aware of any of such voice, with due respect).
Whereas, the Commission is or should be empowered to intervene in
this alleged violation of rights of Nigerians who are residents in
other countries. More so, in my humble view, the Commission is a
great tool in the championing of human rights of Nigerians across
the globe. The Commission too in my humble view has its own role
and reportage to make on any alleged violation of human rights of
Nigerians across the globe.

Furthermore, going by the United Nation’s mandatory requirement
for an independent National Human Rights Commission, the Nigerian
Government has failed and or refused or rejected or neglected to
make the Commission an independent Commission under the
Constitution just as the Independent National Electoral Commission,
the National Judicial Council of Nigeria,  etc., that have
been conferred independence under the Constitution. Unfortunately,
there is a clear fact that human rights of Nigerians are neglected
by the Nigerian Government due to its subjecting the Commission to
control or likely control of government or other external forces
which are enough to influence and inhibit the productive efforts of
the Commission. More so, a close scrutiny of the provisions of the
Constitution of the Federal Republic of Nigeria, 1999 (as
amended)-herein after referred to as the Constitution-, shows that
the Commission is not listed among those Federal Commissions listed
in section 153 (1) of the Constitution
which provides thus ‘153.—(1) There shall be
established for the Federation the following

bodies, namely :

(a) Code of Conduct Bureau ;

(b) Council of State ;

(c) Federal Character Commission ;

(d) Federal Civil Service Commission
;

(e) Federal Judicial Service Commission
;

(f) Independent National Electoral Commission
;

(g) National Defence Council ;

(h) National Economic Council ;

(i) National Judicial Council ;

(j) National Population Commission
;

(k) National Security Council ;

(l) Nigeria Police Council ;

(m) Police Service Commission ;

(n) Revenue Mobilisation Allocation and Fiscal
Commission ;

(2) The composition and powers of each body
established by subsection

(1) of this section are as contained in Part I of
the Third Schedule to this

Constitution.

Also, section 158(1) of the Constitution is clear on
the independence of some certain bodies which do not include the
Commission (i.e. the National Human Rights Commission of Nigeria
has been excluded) as follows ‘158.—(1) In exercising its power to
make appointments or to exercise disciplinary control over persons,
the Code of Conduct Bureau, the National Judicial Council, the
Federal Civil Service Commission, the Federal Character Commission,
and the Independent National Electoral Commission shall not be
subject to the direction or control of any other authority or
person.’.

Therefore, it is my considered view, with due respect, that the
Commission will better be guaranteed independence if its
independence can be established in the Constitution just as other
Commissions have been guaranteed their independence in
Section 153(1) and especially, section 158(1) of the
Constitution

Finally, I therefore recommend the inclusion of the Commission
in the listed Federal Commissions in Section 153 (1)
and 158(1) of the Constitution and for the Commission
to be accorded its independence in line with the United Nation’s
requirement. This is for the Commission to be able to carry out its
functions and duties without fears and or favour. Also, in my
humble view, the independence of the Commission is better
guaranteed in the Constitution rather than being guaranteed under
its establishment statute.

Email: [email protected]^[1]

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