With 268,787 complaints recorded, May is devastating month for human rights in Nigeria – NHRC

The National Human Rights Commission (NHRC) of Nigeria reported an alarming 268,787 human rights complaints in May, signaling a profound and widespread humanitarian crisis across the nation. This unprecedented volume underscores systemic failures in human rights protection and enforcement, moving beyond isolated incidents to reflect a broader societal challenge. The NHRC's Executive Secretary, Tony Ojukwu, emphasized the urgent need for national attention and concerted efforts to address these pervasive violations. This article delves into the legal framework underpinning human rights in Nigeria, the NHRC's mandate, the nature of reported abuses, and the implications for legal practitioners navigating this challenging landscape.

May proved to be a devastating month for human rights in Nigeria, with the National Human Rights Commission (NHRC) recording an astonishing 268,787 complaints. This figure, as highlighted by NHRC Executive Secretary Tony Ojukwu, is not merely a statistic but a stark indicator of a "broader humanitarian concern that requires urgent national attention." The sheer scale of reported violations points to deep-seated issues within the country's human rights landscape, demanding immediate and comprehensive intervention from all stakeholders, including the legal community.

This article aims to provide legal professionals with a structured overview of the current human rights situation in Nigeria, contextualized by the NHRC's recent report. It will examine the foundational legal instruments safeguarding human rights in Nigeria, the statutory powers and functions of the NHRC, the prevalent forms of human rights abuses, and the challenges inherent in their enforcement. Ultimately, it seeks to outline the critical role legal practitioners must play in advocating for justice and upholding the rule of law amidst this escalating crisis.

The protection of human rights in Nigeria is primarily enshrined in Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which guarantees fundamental rights such as the right to life, dignity of the human person, personal liberty, fair hearing, freedom of thought, conscience and religion, freedom of expression and the press, peaceful assembly and association, freedom of movement, and freedom from discrimination. These constitutional provisions form the bedrock of human rights jurisprudence in the country, providing individuals with recourse against state and non-state actors.

Complementing the constitutional guarantees, Nigeria has domesticated several international and regional human rights instruments. Foremost among these is the African Charter on Human and Peoples' Rights, which was ratified and enacted into domestic law by the African Charter on Human and Peoples' Rights (Ratification and Enforcement) Act of 1983. This Act gives the Charter the force of law in Nigeria, making its provisions directly applicable by all authorities and persons exercising legislative, executive, or judicial powers. Nigeria is also a signatory to other key international treaties, including the United Nations Charter, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and the Convention on the Rights of the Child (CRC).

The National Human Rights Commission (NHRC) was established by the National Human Rights Commission Act of 1995, subsequently amended in 2010 to enhance its independence and powers. The NHRC serves as an extra-judicial mechanism for the promotion and protection of human rights, mandated to monitor and investigate alleged human rights violations, assist victims in seeking redress, undertake studies on human rights matters, and advise the government on policy formulation. Significantly, the 2010 amendment conferred quasi-judicial powers on the Commission, enabling it to summon persons, acquire evidence, award compensation, and enforce its decisions, which are deemed enforceable as judgments of the High Court.

The recording of 268,787 human rights complaints in a single month by the NHRC is a critical indicator of the pervasive nature of human rights challenges in Nigeria. This figure suggests that violations are not isolated incidents but rather symptomatic of systemic issues requiring urgent and comprehensive reform. The types of abuses frequently reported to the NHRC and documented by various human rights organizations are diverse and deeply troubling. They include arbitrary and unlawful killings, enforced disappearances, torture and other cruel, inhuman, or degrading treatments, arbitrary arrests and detentions, and widespread police brutality, a legacy highlighted by the #EndSARS protests.

Beyond state-actor abuses, non-state actors, such as Boko Haram, the Islamic State in West Africa Province (ISWAP), and various criminal gangs, are responsible for widespread killings, abductions, and gender-based violence, including forced marriages and sexual slavery, particularly in conflict-affected regions. Restrictions on freedom of expression and media freedom, often through threats, intimidation, and arbitrary detention of journalists and critics, also remain significant concerns. Furthermore, issues like forced evictions, child labor, and discrimination based on religion, ethnicity, and gender persist, undermining the economic, social, and cultural rights of many Nigerians.

The NHRC's enhanced mandate, particularly its quasi-judicial powers, positions it as a crucial avenue for redress. The Commission's ability to investigate, mediate, and award compensation provides an accessible, albeit extra-judicial, mechanism for victims. For instance, the NHRC played a pivotal role in the Presidential Panel on the Special Anti-Robbery Squad (SARS), facilitating public hearings and recommending sanctions. However, challenges persist, including issues of impunity for perpetrators, the Commission's limited capacity to enforce compliance against powerful entities, and the broader need for greater operational effectiveness and independence. Recent judicial decisions, such as a high court ordering a human rights organization to pay damages to state officials, raise concerns about civic freedoms and the ability of civil society to report alleged state abuses without fear of retaliation.

While the African Charter on Human and Peoples' Rights is justiciable in Nigerian courts, its relationship with the domestic Constitution has been a subject of judicial interpretation. The Supreme Court has held that while the Charter's provisions prevail over inconsistent municipal legislation, it does not supersede the Constitution, which remains supreme in cases of direct conflict. Nevertheless, the ECOWAS Court of Justice has also served as a forum for human rights complaints against Nigeria, with instances where the court has ruled against the country, ordering compensation and prosecution of responsible security agents. These developments underscore the multi-layered avenues for seeking human rights redress in Nigeria, albeit with varying degrees of effectiveness and challenges.

The staggering number of human rights complaints recorded by the NHRC in May serves as a critical call to action for the Nigerian legal community. It highlights an urgent need for legal practitioners to intensify their efforts in human rights advocacy, litigation, and pro bono services. Lawyers must be well-versed in both the constitutional provisions and the international instruments domesticated in Nigeria, such as the African Charter, to effectively represent victims and challenge violations. Engagement with the NHRC, leveraging its quasi-judicial powers, and pursuing remedies through domestic courts and regional bodies like the ECOWAS Court of Justice, are all vital strategies.

Looking ahead, legal professionals should closely monitor the government's response to the NHRC's report and recommendations, as well as any proposed legislative reforms aimed at strengthening human rights protection and accountability. The ongoing challenges of impunity, judicial delays, and threats to civil society demand sustained vigilance and concerted action. By actively participating in public discourse, providing legal aid, and advocating for systemic reforms, the legal profession can play an indispensable role in fostering a culture of respect for human rights and ensuring that the principles of justice and the rule of law prevail in Nigeria.