By Henry Uche
In a bid to ensure that Nigerians protect, promote and respect human rights, an academic, professor Akin Ibidapo -Obe has called on the federal government to incorporate Human Rights subject /course in its curriculum for all levels of education, particularly in the faculties of law at the higher level.
While decrying the level of Human Rights abuses, the professor of public law who made this call via zoom at a Human Rights Summit put together by Human Rights Committee of Nigerian Bar Association (NBA) Lagos Branch, with the theme: ‘Respect for Human Rights – A Panacea For Peaceful Coexistence & Generational Equity,’ reaffirmed that every human being particularly- lawyers have essential roles to play in promoting Human Rights.
The don who spoke on, “Human Rights Lawyers: A Dying Breed?” maintained that from time immemorial, lawyers had always been Rights activists and advocates, but nowadays, the learned beings seem to be losing steam and focus of the calling. “We seem to be losing steam and focus. We must be sensitive to human Rights issues and keep fighting this course. Human Rights must at the center of every lawyer’s endeavor. So Human Rights education should be a compulsory course in the University and faculty of law because lawyers would continue to be in the vanguard of Human Rights activism. We must not forget that the prize of freedom is eternal vigilance,” he maintained.
On his part, a guest speaker, Justice Taiwo O. Taiwo (Rtd) reminded the government across board that Human Rights is globally recognized and inalienable, thus its sanctity must be guarded and respected by everyone.
The retired Judge of Federal High Court Lagos who spoke on, “Fundamental Reflections on Delivering Sound Human Rights Oriented Judgment”, cited the United Nations Universal Declaration of Human Rights of 1948, African Charter of human and People’s Rights and other regional instruments and Conventions of which Nigeria is signatory to, said none of these Human Rights (including Fundamental Human Rights) should be violated by anybody.
Sharing his experience, he charged judges to be faithful, firm and never listen to public opinion so long as he/she delivers Justice in the sight of Divinity and humanity. He charged the police and other law enforcement agencies to aid in the protection and promotion of Human Rights as enshrined in our domestic canon.
“Human Rights must not be relegated. Our justice system should be improved and Fundamental Human Rights cases should be given speedy hearing. The judge should not listen to partisan interest nor fear or favour any party. There must be an end to the misconception that, “The King can do no wrong’,” he stressed.
Similarly, Joe- Kwei Odumakin, who spoke on, “Rethinking Sustainable Protocols in the Protection of Human Rights- A Victims Perceptive”, reminded state and non- state actors who violates Human Rights of section 33(1) of 1999 constitution (as altered), about ‘Right to Life’ and warned such abusers and violators of people’s Rights to desist forthwith.
Odumakin called for collaboration to enthrone respect for Human Rights, saying, “We must all join hands to make Nigeria a country that uphold Justice, Fairness and Equity. I call on all civil society to cross fertilize ideas and cross implement these transformations that guarantee Human Rights protection. I also recommend cross inter – dependent committee of NBA (Human Rights) and civil society organizations to facilitate timely implementation of both and meeting the needs of our people in this regard,” she urged.
In the same vein, the host & Vice- Chair/ Chairlady, Human Rights Committee, Mrs. Abiye Tam- George, said there was indeed a dying breeds of Human Rights activists, saying, “Many are not seeing the need to be an activist for Human Rights. Lawyers and citizens are continually abused and assaulted over time by people who are supposed to protect human Rights”
According to her, ignorance was another issue to deal with. She substantiated her claim when she revealed that at a stakeholders’ Engagement Dialogue held recently in commemoration of International Human Rights Day, an Assistant Inspector General of Police (AIG) among others were not aware of “Implementation of Pan- African Parliament Model Police Law for Africa” sadly, hence, its execution becomes impossible.
“We must be aware of what we pursue. Howbeit, we need to have a working relationship with the police. We call for a stop to every human Rights abuses,”
For the chairman, House committee on Human Rights (Lagos), Hon. Victor Akande, who represented the speaker of the state House of Assembly, Mudashiru Ajayi Obasa, the state has passed into law – ‘The setting of Human Rights Committee’. According to him, “Lagos state in its proactive manner became the first state in Nigeria to create human Rights Committee. We signed into law yesterday – human Rights Committee under OPV. We have passed a law in setting up Human Rights Committee, so that every matter about Human Rights are embedded in that law” He urged other states to follow suit.
Supporting others’ view, a Senior Advocate of Nigeria, Ebun-Olu Adegboruwa, bemoaned the level of ignorance among the law enforcement agencies among others. He said, “When we have an NBA that’s silent, an NBA that cannot speak, that cannot protect the Rights of citizens and not fulfilling its responsibilities as a pressure group, that NBA is the one actually killing the citizens, because so many people are illiterates of this law especially those in the hinterlands even in the urban settings,”
The Senior Advocate maintained that many people endure abuses because they could not afford the services of legal practitioners, stressing that, it was high time the chief Justice of Nigeria reviewed the fundamental Rights Enforcement procedure by breaking it down to ensure even at a single telephone call, messages, sms, one can enforce one’s right, through website, via phone calls, and invite the person accused to had breached those Rights to come and Justify the circumstances of those infringements, saying, “We did it at the #EndSARS Panel.”
Adegboruwa who called for a uniformity in awarding fines and compensations over a particular case said, “The Chief Justice of Nigeria should have a schedule, just like the schedule of fees in the amended fundamental Rights enforcement rules where categories of infringement on fundamental Human Rights can be even be like sort of guidelines that judges can use in awarding compensations.
“There should be a uniform guidelines that we can use as a template that can guarantee some form of minimum expectations for those who have become victims of Human Rights abuses. I advocate that the CJN to include in the amendment that the NBA in particular should be clothed with active locus to enforce Rights in behalf of victims. I advocate that a particular percentage of bar practicing fees be set aside in form of endowment fund that would be used in the prosecution of these cases so that there would be payment for those who are involved in this.
“In most fundamental Rights cases, the Attorney General (AG) is the respondent, because he represent the state, if he has lost a case in court before a judge, he’s not appealing against that judgement and you want him to approve the enforcement of the judgement against him, so you now elevate the AG against the judicial officer who delivered the judgement so there is no longer separation of powers, because in that way, an AG sitting in his office has become an appellate judge over a judge he appeared before and lost the case.
“This is a matter I recommend that NBA should take up to the National Assembly to repeal that law completely, this is very important because this law came to Nigeria, it was used by the colonists who believe ‘The King can do no wrong’ but for one to enforce a judgement against the king in England, you needed a fiat because that was their system – Monarchical. From the day we got independence, that law should have been taken off from the status book of Nigeria. It ha no place in democracy where we practice separation of powers among the three arms of government. We cannot allow as lawyers for us to sweat in the court, defeat an opponent and then the opponent would be the one to enforce that judgement, it will not work,” he asseverated.
Group pxi caption:
A cross-section of Human Rights Activists at the Human Rights Summit in Commemoration of the International Human Rights Day organized by the Human Rights Committee of the Nigerian Bar Association, Lagos Branch
