Human Rights in Crisis: Addressing the Challenges Facing Nigeria (2)
The UDHR was the first document in history to explicitly define what individual rights are and how they must be protected. The Preamble of the document outlines the rights of all human beings:
“Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people …”
Thus, for the first time in history, human rights were assembled and codified into a single document. The Member States, or sovereign states that are members of the United Nations, came together in agreement to protect and promote these rights. As a consequence, the rights have shaped constitutional laws and democratic norms around the world, such as the Human Rights Act of 1998 in Britain; the Civil Rights Act of 1964 in the United States; the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act 1983 and the Constitution of the Federal Republic of Nigeria, 1999 (as altered) [“the Constitution”]; both in Nigeria; etc.
A. WHAT LED TO THE HUMAN RIGHTS DAY (HRD)?
The United Nations General Assembly established Human Rights Day in 1950 to commemorate the adoption of the Universal Declaration of Human Rights (UDHR) on December 10, 1948. Human Rights Day is observed by the international community every year on 10 December. It commemorates the day in 1948 when the United Nations General Assembly adopted the Universal Declaration of Human Rights. The formal inception of Human Rights Day dates from 1950, after the Assembly passed resolution 423 (V) inviting all States and interested organizations to adopt 10th December of each year as Human Rights Day. When the General Assembly adopted the Declaration, it was proclaimed as a “common standard of achievement for all peoples and all nations”, towards which individuals and societies should “strive by progressive measures, national and international, to secure their universal and effective recognition and observance”.
B. NBA AS A KEY STAKEHOLDER ON HRs:
The Nigerian Bar Association (NBA) is a professional body of lawyers in Nigeria and it plays a significant role in promoting and protecting human rights in the country. NBA is an avowed defender of HRs through advocacy for the rule of law in Nigeria, emphasizing the need for justice, equality, and fairness in the legal system; legal aid and pro bono services; human rights committees; Public Interest Litigations, and through collaboration and linkages with HRs organizations globally and locally.
1. NBA’s Aims and Objectives in its Constitution:
The NBA, by its aims and objectives, as embodied in its Constitution, expresses its overarching vision to uphold the regime of HRs in its operations. Section 3 (11) and (12) of the NBA Constitution, 2021 provides thus:
11. Promotion and protection of the principles of the rule of law and respect for fundamental rights, human rights, and people’s rights.
12. Creation of schemes for the empowerment of newly qualified members and members living with disabilities, and for the provision of assistance to aged or incapacitated members of the Association.” [Emphasis supplied].
We hold the view that above is the framework that sets up the vision and mission of the NBA in relation to HRs.
2. NBA HRs Institute (NBA-HRI):
The Nigerian Bar Association Human Rights Institute (NBA–HRI) was established to effectively and efficiently promote and protect the rule of law, the independence of the legal profession, and to advance human rights enforcement in Nigeria. It will promote respect for human dignity, and translate human rights into specific guidelines for putting those principles into practice. The Institute provides technical development programmes and is also a resource development framework for advocacy in the Nigerian Bar Association. The Institute has a human rights desk in all the 120 branches of the Nigerian Bar Association across the country. The Human Rights Institute at the branch level is chaired by the Vice-chairman of the NBA of each branch. The Institute is governed by 15 members of the Governing Council saddled with the responsibility of supervising and controlling its affairs. The 1st Vice President of the NBA is the Chairman of the Council. The Institute also has four full-time staff that run its activities daily.
The role of the NBA-HRI is to empower lawyers to manage issues relating to the protection of the fundamental human rights of citizens as guaranteed by the Constitution of the Federal Republic of Nigeria and international instruments to which Nigeria remains a signatory. Also, to participate in the education on human rights, publish regular reports on issues relating to human rights and carry out other related functions in regard to the Human Rights Institute. The NBA-HRI is primarily concerned with the promotion, protection and advancement of human rights in Nigeria and its work is predicated on the standards embodied in the various international and regional human rights instruments ratified by Nigeria in addition to existing local legislations. The mandate of the NBA-HRI is certainly midwifed by the NBA objectives contained in its Constitution as already identified above.
The Strategic objectives of the NBA-HRI include:
· To develop human rights policies and programmes for the Nigerian Bar Association.
· To implement and advocate for the implementation of the National Action Plan on Human Rights.
· To collaborate with the Human Rights Committee of the NBA at National and Branch levels in the implementation of human rights policies and programmes.
· To promote, protect and enforce human rights under a just rule of law.
· To adopt and implement standards, practices, and instruments regarding human rights accepted and enacted by the comity of nations.
· To promote and protect the independence of the Judiciary and the legal profession in Nigeria.
· To develop programmes relating to rule of law and advocate for compliance with principles of rule of law and due process.
· To monitor and ensure strict compliance with all court orders by governments, institutions, agencies, and individuals.
· To gather and disseminate information concerning issues relating to human rights, judicial independence, and the rule of law.
· To establish and maintain relations with other national, regional and international Human Rights organizations.
· To promote the objects, principles, and aims of the Nigerian Bar Association.
· To collaborate with other organs of the NBA in developing and improving the image and status of the NBA and members of the legal profession in Nigeria.
· To promote compliance of the Nigerian government with regional and international treaty obligations on human rights.
· To engage in promoting accountability from public officials.
C. THE NATURE OF HRs CRISIS IN NIGERIA
The crises beleaguering HRs in Nigeria are multi-faceted. They are hydra-headed and like the octopus have many tentacles. We shall x-ray some key areas of these crises affecting HRs in Nigeria.
i. Judicial Crisis:
The judiciary is a member of the trinity of government. Following the Legislative and Executive Arms of Government which make and implement laws respectively, the judiciary, as per the courts, is constitutionally vested with the powers to interpret laws. It has the mandate to hold power accountable through checks and balances in relation to the other arms of government. In an ideal situation, the judiciary ought to be the last hope of the common man. Right from the colonial era, through the various civil and military regimes since independence, there is no doubt that the judiciary has been at the forefront of the fight for HRs through epoch-making landmark decisions that shaped constitutional jurisprudence particularly as touching HRs. Such decisions as: Olawoyin v. A-G., Northern Region (1961); Nafiu Rabiu v. Kano State (1980) 8-11 SC 130; Ransom-Kuti v. A.-G. Federation (1985) 2 NWLR (Pt. 6) 211; Chief Gani Fawehinmi v. General Sani Abacha (2000) 6 NWLR (Pt. 660) 228;Ogugu v. State (1994) 9 NWLR (Pt. 366) 1; Uzoukwu v. Ezeonu II (1991) 6 NWLR (Pt. 200) 708; and a legion of other cases, have shaped the landscape and advanced the frontiers of the our legal system in the area of Human Rights practices.
However, our judiciary, particularly in recent times, has become bedeviled with so many interfering crises which have, in turn, affected HRs drastically. Some of the challenges are identified below:
· Political corruption through the interferences and undue influences by the Executive and Legislative arms of government, undermining public confidence;
· Stifling of independence of the judiciary;
· Favouritism of the elite and affluent at the expense of the marginalized. This erodes the ideals of equality before the law (See Section 42 of the Constitution);
· Delay in hearing suits especially Fundamental Rights Enforcement actions despite the provisions of the Fundamental Rights Enforcement Procedure Rules for expeditious disposal of Fundamental Rights Enforcement causes;
· Threat of violence or harassment of the judges and justices or their relations;
· Infrastructure failure such as lack of adequate power supply leading to incessant adjournment of cases;
· Inability of the judicially to hold the security agents accountable;
· More value is placed on property and assets than human beings. You can get an order to arrest a ship than to release a citizen wrongly detained.
By Ebun-Olu Adegboruwa, SAN
