The Nigerian Army has vehemently kicked against provisions of a proposed bill that seeks to strengthen the National Human Rights Commission, NHRC, granting it powers to receive and investigate human rights complaints and make an appropriate determination.
The proposed bill which seeks to repeal the National Human Rights Commission Act 2004 as amended in 2010 and replace it with a new Act 2020, also elevates and equals the awards of the Commission to the decision of a Federal High Court.
While the Army believes there is the urgent need to re-enact the Act and make the Commission more efficient and effective, it argued strongly that Section 5 (J) which grants the NHRC power to receive and investigate human rights complaints raises serious question whether or not the commission should take over judicial powers.
The position of the Army was contained in a detailed memorandum by the Chief of Army Staff, Lieutenant General Ibrahim Attahiru, but delivered on his behalf to the Joint National Assembly Committee on Judiciary, Human Rights and Legal Matters by Director of Legal Services (Army), Brigadier General, Mamood Umaru Wambai, at a public hearing on Monday.
The Chief of Army Staff argued further that the provision runs contrary to the basic principle of justice ” that no man shall be a judge in his own case and against the letters and spirit.
“It is, therefore, trite that judicial powers are vested in the courts and other tribunals in Nigeria only by virtue of the provisions of Section 6 of the Constitution.”
Attahiru also rejected Section 5(r) of the bill which provides that the commission can intervene in any proceeding that involves human right issues; with the leave of the court hearing the matter or any condition imposed by the court; pointing out that it is against the principle that when a matter is pending before a court of competent jurisdiction, it is sub judice.
The Army equally kicked against Section 6(1)(e) of the bill that empowers the NHRC to determine the compensation, damages payable for human rights violation; citing a recent Court of Appeal ruling between Chairman and members of the Special Investigation Panel of the National Human Rights Commission on Oil Spill and Environmental Pollution versus Total E&P Nigeria Limited.
This was as the army raised queries regarding the current composition of the Governing Council of the National Human Rights Commission which excludes the entire Armed Forces, DSS, Nigeria Police Force, NPF, and other security agencies.
The Nigerian Air Force picked similar holes in the bill, especially in the provision which allows the NHRC to impose charges on victims of human rights violation.
The Minister of Justice and Attorney General of the Federal, Abubakar Malami, in his own submission, frowned at Section 5 (Paragraph k) which grants the Commission powers to reform all laws expunged because it conflicts with the function of the Law Reform Commission.
Malami also rejected the provision that grants the Commission powers to determine damages and issue a warrant of arrest which he said resides with the Court.
The AGF also kicked against Section 15(2b) that provides the Commission powers to compel multinationals to pay a 1% levy as a means of guaranteeing the financial independence of the Commission; stressing that the multinationals are already over-taxed.
The National Human Rights Commission Act was first enacted in 1995 under the military before it was amended 15 years after in 2010 elevating it to the status of an independent agency and placed on the first-line charge in the Consolidated Federation Account.
According to the drafters of the bill, the latest attempt to repeal and re-enact the bill is to further strengthen the human rights commission and guarantee its financial autonomy.