The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, on Wednesday opposed the proposed Human Rights Defenders Protection Bill, setting the stage for sharp exchanges with civil society groups at a public hearing in Abuja.
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Fagbemi, a Senior Advocate of Nigeria, conveyed the position of the ministry at the hearing organised by the House of Representatives Committee on Human Rights at the National Assembly Complex.
The session considered three legislative proposals: the Human Rights Defenders Protection Bill; a Bill to repeal the National Human Rights Commission Act; and the National Human Rights Commission (Amendment) Act, 2010, to pave the way for a new National Human Rights Commission Bill, 2025.
The proposed NHRC bill seeks to strengthen the commission’s day-to-day administration, enhance its investigative powers and provide a more sustainable framework for funding human rights activities in line with the Paris Principles.
The Human Rights Defenders Protection Bill, on the other hand, is designed to promote accountability, transparency, social justice and the rule of law, while providing safeguards for individuals and groups engaged in the defence of fundamental rights.
Represented by the Chief of State Counsel, Mr Reuben Imarha, the minister argued that the country already has sufficient legal frameworks for the protection of human rights and warned against creating overlapping mandates.
According to him, enacting another law on the same subject would lead to duplication of functions among government agencies and create institutional conflicts.
While acknowledging existing gaps in the enforcement of human rights, Fagbemi urged lawmakers to focus on strengthening implementation mechanisms within existing structures rather than passing fresh legislation.
“The ministry is against the Human Rights Defenders Protection Bill,” he said, urging the House to jettison the proposed legislation.
On the bill seeking to repeal the NHRC Act and enact a new one, the minister pledged the ministry’s support but highlighted provisions he said required careful review.
He drew attention to Clause 5(2b), which proposes making it mandatory for business owners to obtain an annual human rights compliance certificate.
Fagbemi said that although breaches of human rights by business operators were not in doubt, such a requirement could undermine the Federal Government’s ease-of-doing-business drive and should be reconsidered.
He also faulted Clause 15, which empowers the commission to borrow funds to pursue human rights cases. According to him, any borrowing should be subject to the approval of the ministry or the National Assembly to guard against abuse.
The minister further raised concerns about Clause 16(2b), which proposes that multinationals as well as public and private businesses operating in the financial and oil sectors contribute 0.3 per cent of their annual profits to the commission to support human rights litigation.
He described the provision as amounting to a quasi-tax and recommended that it be harmonised with the Federal Government’s ongoing tax reform programme to avoid duplication.
Civil society organisations, however, threw their weight behind the Human Rights Defenders Protection Bill.
Programme Director of Development Dynamics, Mr Jude Ohanele, described the proposed legislation as critical to strengthening democratic institutions.
“We strongly support the bill in its entirety. The Human Rights Defenders Protection Bill, 2024, 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 the NHRC, Tony Ojukwu, argued that businesses must be compelled to mainstream human rights protection in their operations.
He lamented that the Human Rights Fund established in 2010 had yet to receive funding, noting that the new bill seeks to leverage resources from tax reforms to support the prosecution of human rights cases.
Also speaking, the Executive Director of the Policy and Legal Advocacy Centre, Mr Clement Nwankwo, commended the commission for its sustained commitment to the protection of fundamental rights but urged it to intensify efforts, particularly in defending vulnerable groups.
The hearing is expected to guide the committee’s report to the House as lawmakers weigh concerns about regulatory overlap against calls for stronger legal safeguards for human rights defenders.AGF, CSOs differ over human rights defenders protection bill
The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, on Wednesday opposed the proposed Human Rights Defenders Protection Bill, setting the stage for sharp exchanges with civil society groups at a public hearing in Abuja.
Fagbemi, a Senior Advocate of Nigeria, conveyed the position of the ministry at the hearing organised by the House of Representatives Committee on Human Rights at the National Assembly Complex.
The session considered three legislative proposals: the Human Rights Defenders Protection Bill; a Bill to repeal the National Human Rights Commission Act; and the National Human Rights Commission (Amendment) Act, 2010, to pave the way for a new National Human Rights Commission Bill, 2025.
The proposed NHRC bill seeks to strengthen the commission’s day-to-day administration, enhance its investigative powers and provide a more sustainable framework for funding human rights activities in line with the Paris Principles.
The Human Rights Defenders Protection Bill, on the other hand, is designed to promote accountability, transparency, social justice and the rule of law, while providing safeguards for individuals and groups engaged in the defence of fundamental rights.
Represented by the Chief of State Counsel, Mr Reuben Imarha, the minister argued that the country already has sufficient legal frameworks for the protection of human rights and warned against creating overlapping mandates.
According to him, enacting another law on the same subject would lead to duplication of functions among government agencies and create institutional conflicts.
While acknowledging existing gaps in the enforcement of human rights, Fagbemi urged lawmakers to focus on strengthening implementation mechanisms within existing structures rather than passing fresh legislation.
“The ministry is against the Human Rights Defenders Protection Bill,” he said, urging the House to jettison the proposed legislation.
On the bill seeking to repeal the NHRC Act and enact a new one, the minister pledged the ministry’s support but highlighted provisions he said required careful review.
He drew attention to Clause 5(2b), which proposes making it mandatory for business owners to obtain an annual human rights compliance certificate.
Fagbemi said that although breaches of human rights by business operators were not in doubt, such a requirement could undermine the Federal Government’s ease-of-doing-business drive and should be reconsidered.
He also faulted Clause 15, which empowers the commission to borrow funds to pursue human rights cases. According to him, any borrowing should be subject to the approval of the ministry or the National Assembly to guard against abuse.
The minister further raised concerns about Clause 16(2b), which proposes that multinationals as well as public and private businesses operating in the financial and oil sectors contribute 0.3 per cent of their annual profits to the commission to support human rights litigation.
He described the provision as amounting to a quasi-tax and recommended that it be harmonised with the Federal Government’s ongoing tax reform programme to avoid duplication.
Civil society organisations, however, threw their weight behind the Human Rights Defenders Protection Bill.
Programme Director of Development Dynamics, Mr Jude Ohanele, described the proposed legislation as critical to strengthening democratic institutions.
“We strongly support the bill in its entirety. The Human Rights Defenders Protection Bill, 2024, 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 the NHRC, Tony Ojukwu, argued that businesses must be compelled to mainstream human rights protection in their operations.
He lamented that the Human Rights Fund established in 2010 had yet to receive funding, noting that the new bill seeks to leverage resources from tax reforms to support the prosecution of human rights cases.
Also speaking, the Executive Director of the Policy and Legal Advocacy Centre, Mr Clement Nwankwo, commended the commission for its sustained commitment to the protection of fundamental rights but urged it to intensify efforts, particularly in defending vulnerable groups.
The hearing is expected to guide the committee’s report to the House as lawmakers weigh concerns about regulatory overlap against calls for stronger legal safeguards for human rights defenders.
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