Governing Council of NHRC: Disregard Falana’s Petition, President Buhari’s Nominations Are In Order – Group Writes Senate

A group under the aegis of Safe and Sound Youth Awareness Initiative has called on the Senate Committee on Ethics, Privileges and Public Petitions to disregard the petition of Femi Falana (SAN) on President Buhari’s nominations for membership of the Governing Council of the Nigerian Human Rights Commission, NHRC.

The Group, in a letter sighted by Abubakar Musa BIU sighted by TheNigeriaLawyer, said the nominations were not lopsided as the list contains persons from different religious, ethnic, and geographical backgrounds.

Read the letter below:

PRESIDENT BUHARI WAS IN ORDER IN THE NOMINATION OF MEMBERSHIP OF THE GOVERNING COUNCIL OF THE NATIONAL HUMAN RIGHTS COMMISSION.

President Muhammadu Buhari had on the 24^th of March 2021, requested the senate to approve the list of nominees for the Chairmanship and Membership of the Governing council, of the National Human Rights Commission.

The President in the letter to the Senate anchored his nomination of the persons on the list on Section ‘2 & 3’ of the National Human Rights Commission Act.

However, Mr. Femi Falana a lawyer has petitioned the senate to investigate allegations of lopsidedness on the selection of the membership of the Council, observing that it was not reflective of Federal Character as the North East Zone as a constituency was not represented on the list.

With regards to federal Character Principle the Nigerian Constitution 1999 in Section 14(3) provides that “The composition of the Government of the Federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reflect the federal character of Nigeria and the need to promote national unity, and also to command national loyalty, thereby ensuring that there shall be no predominance of persons from a few State or from a few ethnic or other sectional groups in that Government or in any of its agencies.”  What this seeks to ensure is that appointments to public service institutions fairly reflect the linguistic, ethnic, religious, and geographic diversity of the country.

Now the questions are:

1. does the nominations made by the President in the letter of 24^th March 2021 fairly reflect Nigeria’s diversity in terms of linguistic, ethnic, religious, and geographic diversity?.
2. Is there a predominance of a few state or few ethnic or sectional groups in the list sent by the President to the Senate?

The honest answer to the above is NO!

The list is filled with people of different religious, ethnic and geographical background. Though the North East is not represented the ethnic, linguistic and religious diversities in the North East are amply represented. We should emphasize our unity in our affairs as a people and not the divisions – this is the whole essence of the federal character principle.

Furthermore, the President indicated that he acted pursuant to the National Human Rights Commission Act. This Act (in accordance with international human rights obligations and principles) provided for the specific constituencies to be represented in the Governing Council. These are as follows:

1. Federal Ministries: Justice, External Affairs and Internal Affairs;
2. Human Rights Community;
3. The Legal Profession;
4. Media and Journalism Profession; and
5. Women and Gender Representatives.

The above being premised, it is very clear that the President kept faith with the provisions of the Law (The Constitution and the Enabling Act) in reconstituting the Governing Council of the National human Rights Commission.

Consequently the Senate is urged to discountenance the petition by Mr. Femi Falana and approve the nomination as made by the President.

ABUBAKAR MUSA BIU

Maidugiri – Borno State.

North East – Nigeria