FG opposes human rights defenders bill, says it's duplication of legislations
Minister of Justice and Attorney General of the Federation, Lateef Fagbemi (SAN) has kicked against the passage of a bill to protect human rights defenders, saying there were enough provisions
Minister of Justice and Attorney General of the Federation, Lateef Fagbemi (SAN) has kicked against the passage of a bill to protect human rights defenders, saying there were enough provisions in existing laws to take care of that.
Fagbemi spoke at a public hearing on the Human Rights Defenders Protection Bill and the Bill for an Act to Repeal the National Human Rights Commission Act, and the National Human Rights Commission (Amendment) Act, 2010, to enact the National Human Rights Commission Bill, 2025.
The Human Rights Defenders Protection Bill seeks to play a vital role in promoting accountability, transparency, social justice, and the rule of law.
It seeks to protect civil society actors, journalists, lawyers, community leaders, whistleblowers, faith-based actors, and citizens who peacefully advocate for the protection of constitutional rights internationally and preserve their recognised rights.
Also, the Minister was the Ministry was fully in support of amending the Human Rights Commission Act to strengthen the day-to-day powers of the commission, to conduct investigations, and sustain contributions to the Human Rights Fund for human rights activities in the country, in line with the Paris Principles and for related matters.
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The Minister who was represented by the Chief of State Counsel, Mr Reuben Imarha, Fagbemi argued that Nigeria had enough legislation on human rights protection, adding that enacting another law would lead to institutional overlap, legislative confusion, and duplication of functions by government agencies.
While acknowledging gaps in human rights protection in the country, the Minister urged the assembly to empower existing institutions to enhance implementation capacity and asked the house to jettison the proposed legislation.
Speaking on the bill to repeal the National Human Rights Commission Act, to enact the National Human Rights Commission Bill, 2025, Fagbemi said the ministry was in support, while pointing some areas of concern.
He said that Clause 5 (2b) seeks to make it compulsory for business owners to obtain annual human rights compliance certificate, adding that while there is no doubt that there are britches of human rights by business operators, the clause hinders efforts towards ease of doing business in Nigeria and should be reviewed.
He said the lawmakers should rework clause 15 which seeks to give the commission powers to borrow funds to pursue human rights cases to limit such powers to the approval of the ministry or the National Assembly to prevent abuse.
He also said the provisions of clause 16(2b) which seeks to introduce a quasi tax by proposing that multinationals, public and private businesses operating in the financial oil sector to contribute 0.3 per cent of their annual profit to the commission to pursue human rights cases should be harmonised into the recent Tax reform.
However, the Programme Director, Development Dynamics, an NGO, Jude Ohanele, said that the enactment of the Human Rights Defenders Protection Bill will strengthen Nigeria's democratic institutions
According to him, it will improve Nigeria's international human rights reputation, promote transparency and good governance as well as enhance investors confidence through rule-of-law assurances.
Ohanele said that it will reduce conflict by providing lawful channels for grievance expression, and that protecting human rights defenders is not an adversarial bill against the state.
He said, “We strongly support the bill in its entirety. The Human Rights Defenders Protection Bill, 2024 (HB.1867) is a landmark legislative initiative that reflects Nigeria's preference for democracy and commitment to constitutional governance.
“We respectfully urge the honourable members of the House of Representatives to give this Bill accelerated consideration and passage in the national interest.
“By passing this Bill, Nigeria will send a powerful message that it stands firmly for justice, accountability, civic participation, and the protection of those who courageously defend the rights and freedoms guaranteed under our Constitution,” he said.
Executive Secretary of National Human Rights Commission, Chief Tony Ojokwu said that business operators in the country should be compelled to enshrine human rights in their activities.
He said the Human Right Fund established in 2010 has not been funded to date saying that the bill seeks to draw funds from the tax reforms to pursue human rights cases.
He said that the bill seeks to ensure speedy enforcement of decisions for common through the Federal High Court and to consolidate the independence of the commission among others.
