The Nigerian Army and Attorney General of the Federation on Monday, criticized some provisions in the proposed National Human Rights Commission Repeal and Re – enactment Bill 2020.
They spoke during presentations at the one day public hearing held by the joint committee of the Senate and House of Representatives on Judiciary, Human Rights and Legal Matters.
The Chief of Army Staff, Lt. General Ibrahim Atttahiru represented by the Director of Legal Services, Brigadier General MU Wambai, who frowned at some of the provisions, pointed out that it was wrong for drafters of the Bill to have excluded the Army, Navy, Airforce, Police and DSS from the Governing Council of the National Human Rights Commission.
According to the Army, “Section 2(2)(b) of the bill listed the composition of the Governing Council of the National Human Rights Commission and at paragraph (b) (i) – (iii) ex – officio members were listed with the exclusion of the Armed Forces , Nigeria Police Force, DSS and other Security agencies.
“Any mention of stakeholders on human rights in Nigeria would be incomplete without the Armed Forces and the Police because often times, they receive the bout of litigations in courts over alleged human Rights violations.”
Atttahiru also faulted Section 5 ( j) of the bill, which seeks to empower the commission to make appropriate determination on complaints brought before it as may deemed necessary in each circumstance .
“This raises jurisprudential question as to whether the Commission is seised of judicial powers since it could investigate and determine complaints.
“It would also amount to travesty of justice if the investigating body determines the complaints and make same enforceable as it is a principle of justice that no man shall be a judge in his own case.
“It is also against the letters and spirit of section 36(1) and (4) of the Constitution of the Federal Republic of Nigeria which guarantees right to fair hearing before an impartial tribunal or body,” he said.
In his presentation, the Attorney General of the Federation and Minister of Justice, Abubakar Malami, represented by Anthony Abah, said Section 5 paragraph k should be expunged for giving the Commission powers that clash with those of Law Reform Commission.
He maintained that it was wrong to seek power for issuance of warrant of arrest for the Commission.
According to him,the constitution has entrusted that power with courts of competent jurisdiction, even as he faulted section 15(2b) of the Bill empowering the Commission to get funds from multinational agencies.
He added that multinationals “are already over taxed and the commission should have no link with them.”
Also speaking, the Executive Secretary of the Commission, Mr Anthony Ojukwu, Professor of law, Ademola Popoola and others, sought for Judicial Power for the Commission.
Ojukwu supported the provisions of the bill seeking to empower the commission with judicial powers of giving declarative awards like the High Courts.
In his welcome address, the Chairman of the Committee, Senator Micheal Opeyemi Bamidele (APC Ekiti Central), explained that there was need to widen the scope of funding for the Commission for impartial and independent operations.
