Don’t blame us for Navy’s illegal detention of 40 persons, NHRC tells Falana

The National Human Rights Commission said on Sunday that an
alleged attack on it by Mr. Femi Falana (SAN) over his claim of
illegal detention of certain 40 persons by the Nigerian Navy was
unwarranted.

In a statement by the NHRC Director of Corporate Affairs and
External Linkages, Lambert Oparah, the commission said it was not
to blame for the alleged illegal detention.

Although, the statement condemned the alleged illegal detention,
it said it was not its duty to enforce the court order for the
detainees’ release.

It added that the human rights lawyer did not show that he had
approached the court to enforce the order directing the release of
the detainees.

The commission was reacting to a threat of legal action against
it in the event of the Navy’s failure to release the detainees.

Falana, in his August 5, 2019 letter, whose content was widely
published by the media, also criticised the commission for failing
to sanction the Navy for the alleged illegal detention.

But the NHRC said it had first received Falana’s letter of May
20, 2019.

It said, “The Commission also wishes to state unequivocally that
although it is empowered to protect and enforce human rights, it
does not have the mandate of enforcing court orders in a situation
where counsel have the capacity to move the court to enforce its
own orders made in favour of their clients.”

“It is the duty of counsel and the beneficiary of any court
order to move the court to enforce its orders. Mr. Falana has not
shown the commission that the court has been moved to Enforce the
orders declaring the detention of the 40 persons illegal and the
refusal of the Nigerian Navy to comply with the orders.

“The NHRC condemns the alleged non obedience of court order by
the Nigerian navy as claimed by Mr. Falana SAN, all organs of
government must be seen to respect the rule of law as required in
all civilised societies, but the duty to enforce court orders lies
with the court itself using the instrumentality of law enforcement
agencies of the police.

“It is the hope of the commission that this type of unwarranted
attack on the commission be discouraged by well-meaning Nigerians
of which we view Mr. Falana SAN.”

The NHRC stated that it had started treating Falana’s complaints
and had sent separate letters to the lawyer and the Navy.

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