By Emmanuel Onwubiko
No doubt the year 2020 is a leap year which means that
we have a well packed year going by the deficit of twenty four hours in this
calendar year. What this means is that whatever is worth doing at all, must be
done very well without any waste of time. To gain comprehensive insight into
the significance of the concept of human rights as the first step in doing this
reflection, I visited a British government affiliated website to learn about
how the People of Great Britain looks at Human Rights.
Human rights are the basic rights and freedoms that belong
to every person in the world, from birth until death.
They apply regardless of where you are from, what you
believe or how you choose to live your life.
They can never be taken away, although they can sometimes
be restricted – for example if a person breaks the law, or in the interests of
national security.
These basic rights are based on shared values like
dignity, fairness, equality, respect and independence.
These values are defined and protected by law.
In Britain our human rights are protected by the Human
Rights Act 1998.
As a
National Human Rights Institution (NHRI), our job is to make Britain fairer. We’ve
been speaking to children across the country asking them about human rights and
receiving simple, honest and funny answers.
The majority of schools we spoke to as part of this
project belong to Unicef’s Rights Respecting Schools network.
The website stated too that Human rights are relevant to
all of us, not just those who face repression or mistreatment.
They
protect you in many areas of your day-to-day life, including: your right
to have and express your own opinions ;your right
to an education; your right
to a private and family life; your right
not to be mistreated or wrongly punished by the state. They then asked-: Where do
human rights come from? Here is the response. The idea
that human beings should have a set of basic rights and freedoms has deep roots
in Britain. They listed the landmark
developments in Britain include: the Magna
Carta of 1215; the Habeas
Corpus Act of 1679 and the Bill of
Rights of 1689.
Also the Universal Declaration of Human Rights got
elaborate mention as being fundamental to ending the
atrocities of the Second World War because in 1948 the Universal Declaration of
Human Rights (UDHR) made the protection of human rights an international
priority.
The United Nations was founded in 1945.
The United Nations allowed more than 50 Member States to
contribute to the Universal Declaration of Human Rights, adopted in 1948.
This was the first attempt to set out at a global level
the fundamental rights and freedoms shared by all human beings.
Writing
about the formation of the European Convention on Human Rights we were informed
by Great Britain that the
Universal Declaration of Human Rights formed the basis for the European
Convention on Human Rights, adopted in 1950.
Also, we
were told that British lawyers played a key role in drafting the European
Convention on Human Rights, with Winston Churchill heavily involved.
It protects
the human rights of people in countries that belong to the Council of Europe,
including the UK. The United Kingdom has the Human
Rights Act 1998.
The Human Rights Act 1998 made the rights set out by the
European Convention on Human Rights part of British domestic law just like how
African charter on human and people's rights and the UDHR are made chapter 4 of
the Nigerian Constitution.
The Human Rights Act means that courts in the United
Kingdom can hear human rights cases.
Before it was passed, people had to take their complaints
to the European Court of Human Rights in Strasbourg, France.
In view of the demands of urgency and clinical
implementation of programmes set out by individuals and corporate entities in
the year of our Lord 2020 which is a leap year, it is the best way to begin by
highlighting what need to form the fulcrum of Nigeria's Human Rights agenda.
This is because the journey to infamy in the area of
human rights in Nigeria got to an all-time low when even key officials of the
Federal government made a heavy weather of the misconception that the Rule of
law and respect for human rights are secondary to the protection of national
security (whatever that means).
The intriguing thing about this needless debate
triggered by an address on the appropriate hierarchical order between Rule of
law and national security is that it was made by the President of the Federal
Republic and at the venue of the general meeting of the Nigerian Bar
Association (NBA).
The solemnity surrounding the venue whereby this
controversial debate was ignited and the high status of the originator of the
debate was huge enough to tell any wise human rights observer in Nigeria that
we are in for a long haul.
Understandably, the leadership of the Nigerian Bar
Association did not disappoint Nigerians by immediately pushing back on the
misconception in the statement by President Muhammadu Buhari on the place of
national security vis-à-vis the rule of law and respect for human rights.
The Nigerian Bar Association is known to have rejected
President Muhammadu Buhari’s comment that national security takes precedence
over the rule of law.
The President had made the comment while declaring open
the 58th Annual General Conference of the NBA.
The conference, culminated in the inauguration of NBA’s
current President, Mr. Paul Usoro, Senior Advocate of Nigeria, and other newly
elected national officers of the association.
Usoro, who became the 29th President of the association,
took over from Mr. Abubakar Mahmoud (SAN), who with his team had piloted the
affairs of the association for two years.
In its communiqué, which it issued at the end of the
conference, the association said it rejected Buhari’s comment, insisting that
the rule of law was central to democracy.
It added that national security must be managed within
the parameters of the rule of law.
The President’s comment had attracted condemnations by
Nobel Laureate, Prof. Wole Soyinka, human rights lawyer, Mr. Femi Falana (SAN),
and other prominent Nigerians.
The NBA communiqué, signed by its immediate past
President and General Secretary, Mr. Abubakar Mahmoud (SAN), and Mr. Abiola
Olagunju, demanded that the government and the citizenry must always obey court
order in compliance with the principle of the rule of law.
The communiqué read in part, “The conference completely
rejects the presidential statement subordinating the rule of law to national
security. The NBA restates that the rule of law is central to a democracy and
any national security concerns by the government must be managed within the
perimeters and parameters of the rule of law.
“As a corollary, conference frowns upon the present
growing trend whereby government decides on which court orders to obey.
“The court has exclusive duty under a democratic
dispensation to interpret the Constitution and other laws, and government and
the citizenry must comply with court orders at all times until set aside.”
The communiqué also addressed various topical national
issues bordering on the economy and the judiciary.
While calling for a budgetary arrangement that allows
for funds to be directly allocated to the judiciary at federal and state levels
in order to guarantee the independence of the judiciary, the association
rejected the Federal Government’s Executive Order Six, which directs
prosecuting and investigating agencies to take steps to ensure assets linked to
pending criminal cases are temporarily forfeited.
It stated, “The conference emphatically objects to the
issuance of the Executive Orders in respect to matters already in court and
observes that any such order is a breach of the principle of separation of
powers; and counsels that Executive Orders be issued for good governance and to
manage operations of government, and not to encroach or usurp upon the constitutional
powers of other arms of government, lest Executive Orders become attempts at
decree-making.”
The NBA called for adequate funding and improved welfare
for police personnel, saying serious consideration should be given to calls for
state police, but with safeguards to prevent abuse. It also enjoined government
to ensure free and fair electoral processes.
Many months after, it would seem that officials of
governments at all levels have not come to terms with the demands of chapter
four of the Nigerian constitution which obliges them to respect the human
rights of Nigerians and importantly, section one of the constitution
unambiguously provided that the Rule of law is sacrosanct and the pillar of
Rule of law is the foundation upon which officials and all citizens are obliged
legally to promote and protect human rights scattered in both chapter two and
four, the Universal Declarations of Human Rights; International covenants on
civil and political Rights, and the African charter on Peoples’ and human Rights.
Moreover, by the constitutional oath administered on the
president and the holders of executive offices as well as all other public
offices of influence, the holders are obliged to obey the constitution without
any pre-conditions.
In the last twelve months, there are growing concerns
about disrespect to the human rights provisions and citizens are mistreated
wantonly.
Nigerians face humiliation by government officials
at all levels and particularly the disturbing disobedience to court orders by
the president is a grave sign that there is the need for an emergency to be
declared in the Human Rights sector.
This worry got to a stage earlier in the year when the
United States of America stepped in and warned the Federal government of
Nigeria to obey the law and carry out the prosecution of the journalist
Mr Omoyele Sowere in compliance with the due process of the law.
From the United States of America’s congress came a
report that law makers had written a warning letter to President Muhammadu
Buhari itemizing their concerns about fading respect for constitutional
freedoms.
U.S. lawmakers wrote a letter to Nigeria’s Attorney
General of the Federation, Abubakar Malami, over the then continued detention
of Omoyele Sowore, a political activist.
Media obtained the letter which cautioned Mr Malami
against the disobedience of rule of law under President Muhammadu Buhari’s
administration.
The letter was signed by six lawmakers; Robert Menendez
(senator), Charles Schumer (senator), Cory Booker (senator), Christopher Coons
(senator), Bill Pascrell (congressman) and John Gotheirmer (congressman).
Mr Sowore, publisher of Sahara Reporters, was arrested
on August 3 for planning #RevolutionNow, a series of protests to demand an end
to corruption and demand better living conditions for all citizens.
The protests were planned to commence on August 5. But
on August 3, armed State Security Service (SSS) officers broke into an
apartment Mr Sowore was occupying with some of his associates in Lagos. He and
his associate, Olawale Bakare, were taken away in the raid that was captured by
security cameras.
The SSS refused to release Mr Sowore and Mr Bakare
despite two separate court orders for his release.
They were eventually released on December 5 after a
court on that day directed the SSS to release both men within 24 hours.
A day later, the SSS stormed the court to rearrest Mr
Sowore. He has been held without fresh charges since then not until USA mounted
considerable pressure before government caved in.
The U.S. lawmakers in their letter dated December 20 to
Mr Malami said they are really concerned that established legal procedures and rule
of law are not being followed in Mr Sowore’s case.
“Disturbing videos of the melee in court are
circulating, which appear to show armed agent in court and Mr Sowore being
placed in choke hold after which he was re-detained by DSS, though no new
charges have since been filed to justify this re-detention. We understand that
his case has since been placed within your purview”, part of the letter read.
“We are pleased to stand alongside Nigeria as a
democratic country. As the largest democracy in Africa. Nigeria has an
opportunity and responsibility to serve as model for following the established
rule of law under its own constitution. And as with all advanced democracies,
this includes the lawful application of prosecutorial powers and actions as
well as ultimate compliance with judicial rulings. In the case of Mr Sowore,
this does not appear to have happened”.
The lawmakers said Nigeria must learn how to uphold the
basic human rights of its citizens including their “freedom of expressions and
political affiliation without fear of government reprisal and harassment,
particularly for opposing or dissenting voices”.
“Mr Attorney General, we request that you take immediate
steps to ensure the safety and security of Mr Sowore while he is held in
government custody; work to facilitate speedy and fair resolution to the
circumstances of his re-detention; and ensure he receives a legally sound and
credible trial.”
The lawmakers maintained that the continued detention of
Mr Sowore will only serve to tarnish Nigeria’s international reputation.
Previously the media reported how a former American
ambassador to Nigeria, John Campbell, also warned that Mr Sowore’s treatment
was damaging Nigeria’s international reputation.
In an article titled: “Buhari’s Dictatorial Past and the
Rule of Law Today in Nigeria” Mr Campbell said: “the state security service
assault on a courtroom and the re-arrest of Sowore has already damaged the
country’s international reputation.”
The Nigerian government inevitably capitulated to the
overwhelming pressure from the international community and belatedly decided to
release the journalist Omoyele Sowere and erstwhile National security adviser
to the president Colonel Sambo Dasuki (rtd) who spent four years in pre-trial
detention even against multiple bail orders granted by the Federal High Court.
Therefore the main human rights agenda in this current
year is for all governmental authorities to respect the constitution.
Officials must respect lawfully made orders of the court
of competent jurisdiction as provided for in section 6 of the constitution
thus: “(1) The judicial powers of the Federation shall be vested in the courts
to which this section relates, being courts established for the Federation. (2)
The judicial powers of a State shall be vested in the courts to which this
section relates, being courts established, subject as provided by this
Constitution, for a State. (3) The courts to which this section relates, established
by this Constitution for the Federation and for the States, specified in
subsection (5) (a) to (1) of this section, shall be the only superior courts of
record in Nigeria; and save as otherwise prescribed by the National Assembly or
by the House of Assembly of a State, each court shall have all the powers of a
superior court of record. (4) Nothing in the foregoing provisions of this
section shall be construed as precluding:- (a) the National Assembly or any
House of Assembly from establishing courts, other than those to which this
section relates, with subordinate jurisdiction to that of a High Court; (b) the
National Assembly or any House of Assembly, which does not require it, from
abolishing any court which it has power to establish or which it has brought
into being. (5) This section relates to:- (a) the Supreme Court of Nigeria; (b)
the Court of Appeal; (c) the Federal High Court; (d) the High Court of the
Federal Capital Territory, Abuja; (e) a High Court of a State (f) the Sharia
Court of Appeal of the Federal Capital Territory, Abuja; (g) a Sharia Court of
Appeal of a State; (h) the Customary Court of Appeal of the Federal Capital
Territory, Abuja; (i) a Customary Court of Appeal of a State; (j) such other
courts as may be authorised by law to exercise jurisdiction on matters with
respect to which the National Assembly may make laws; and (k) such other court
as may be authorised by law to exercise jurisdiction at first instance or on
appeal on matters with respect to which a House of Assembly may make laws. (6)
The judicial powers vested in accordance with the foregoing provisions of this
section - (a) shall extend, notwithstanding anything to the contrary in this
constitution, to all inherent powers and sanctions of a court of law (b) shall extend,
to all matters between persons, or between government or authority and to any
persons in Nigeria, and to all actions and proceedings relating thereto, for
the determination of any question as to the civil rights and obligations of
that person; (c) shall not except as otherwise provided by this Constitution,
extend to any issue or question as to whether any act of omission by any
authority or person or as to whether any law or any judicial decision is in
conformity with the Fundamental Objectives and Directive Principles of State
Policy set out in Chapter II of this Constitution; (d) shall not, as from the
date when this section comes into force, extend to any action or proceedings
relating to any existing law made on or after 15th January, 1966 for determining
any issue or question as to the competence of any authority or person to make
any such law."
Apart from the above, there is growing worry about
extralegal killings by security agents of citizens in their detention
facilities. Cases of deadly attacks on citizens by Islamic terror groups and
armed gangs of different variety including herdsmen are critical human right
worries in 2020.
The right to life which section 33(1) of the
constitution provided for is consistently been breached. Sadly, supposed law
enforcement agencies are the worst violators of the right to life.
There is the need to bring all extralegal killers to
trial locally or internationally. Nigeria also confronts other worrying human
rights dilemmas such as mass unemployment; poor housing; lack of health care;
failing state of infrastructures that are necessary for the protection of the
right to life and funny enough, Nigeria has one of the largest population of
hungry people due to mismanagement of public resources by government.
Civil and political rights are abused with reckless
abandon by an incompetent electoral institution with their criminally
compromised security forces who connive to rig elections and kill voters to
stop them from electing people to govern their community.
The weakening of institutions such as National Human
Rights Commission; code of conduct Bureau; Federal Character Commission and the
Independent National Electoral Commission (INEC) and the judiciary including
the National Judicial Council by the presidency are danger signals and
constitute grave threats to human rights in 2020.
These are critical issues making up the year 2020 human
rights agenda of action for citizens and government.
*Emmanuel Onwubiko is the Head of the Human Rights
Writers Association of Nigeria and blogs@www.huriwanigeria. com; www.emmanuelonwubikocom; www. thenigerianinsidernews.com; ww w.huriwa@blospot.com.
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