Mr Fagbemi SAN
The Minister of Justice and Attorney-General of the Federation, Lateef Fagbemi (SAN) on Wednesday disagreed with Civil Society Organisation (CSO) on the Human Rights Defenders Protection Bill.
Fagbemi expressed the dissenting position of the ministry at a public hearing organised by the House of Representatives Committee on Human Rights in Abuja.
The hearing was 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 amendment is 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.
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 and internationally and preserve their recognised rights.
Represented by the Chief of State Counsel, Mr. Reuben Imarha, Fagbemi argued that Nigeria had enough legislation on human rights protection.
He said that enacting another law would lead to institutional overlap, legislation confusion, and duplication of functions of government agencies.
The minister who acknowledged gaps in human rights protection in the country, urged the assembly to empower existing institutions to enhance implementation capacity.
He said that the ministry was strongly against the Human Rights Defenders Protection Bill, urging the house to jettison the propose legislation.
On the bill for an Act to Repeal the National Human Rights Commission Act, to enact the National Human Rights Commission Bill, 2025, Fagbemi said the ministry was in support, 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.
Fagbemi said that there is no doubts that there are britches of human rights by business operators but the clause hinders efforts towards ease of doing business in Nigeria and should be reviewed.
He said that clause 15 seeks to give the commission powers to borrow funds to pursue human rights cases saying that should only be done with the ministry’s or National Assembly approval to prevent abuse.
He said that clause 16(2b) seeks to introduce a quasi tax as it proposes that multinationals, public and private businesses operating in the financial oil sector to contribute 0.3 per cent of their annul profit to the commission to purse human right cases.
The minister recommended that the provision should be harmonised into the recent Tax reform programme of the Federal Government to prevent duplication.
Earlier Mr Jude Ohanele, the Programme Director, Development Dynamics, an NGO, said that the enactment of the Human Rights Defenders Protection Bill will strengthen Nigeria’s democratic institutions
He said 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, protect human rights defenders is not an adversarial bill against the state.
According to him, it is a reinforcement of constitutional order and responsible governance.
“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.
In his presentation, the Executive Secretary of National Human Rights Commission, Chief Tony Ojukwu said that business should be compelled to enshrine human rights in their activities.
He said that the Human Right Fund established in 2010 had not been funded to date saying that the bill seeks to draw funds from the tax reforms to pursue human rights cases.
In his remarks, the Executive Director, Policy and Legal Advocacy Centre (PLAC) Mr. Clement Nwankwo commended National Human Rights Commission for the work so far done.
He said that there is still much to be done hence, the need for the amendment, urging the National Assembly grant all the request of the commission and pass the bill into law before August. (NAN)
