Following the Federal Government’s omission to re-constitute the Governing Council for National Human Rights Commission, the Digital Rights Lawyers Initiative (DRLI) has filed a suit at the Federal High Court against the President for dereliction of duty.
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In suit No. FHC/IB/CS/99/2020, the Applicant prayed for:
1. A DECLARATION that the Respondent’s dissolution and omission to appoint Council members of the National Human Rights Commission since 2015 as provided under section 2(3) of the National Human Rights Commission (Amendment) Act 2010 interfered with the Applicant’s members’ right to fair hearing guaranteed under section 36 (1) of the Constitution of the Federal Republic of Nigeria.
2. A DECLARATION that by virtue of sections 2(3) and 4 of the National Human Rights Commission (Amendment) Act 2010, the Respondent lacks the powers to dissolve the Governing Council established under section 2(1) of same National Human Rights Commission (Amendment) Act 2010.
3. AN ORDER mandating the Respondent to immediately appoint the Governing Council members of the National Human Rights Commission pursuant to section 2(3) of the National Human Rights Commission (Amendment) Act 2010.
4. PERPETUAL INJUNCTION restraining the Respondent from further dissolving the Governing Council of the National Human Rights Commission which is a creation of statute.
5. CONSEQUENTIAL ORDER(S) as this honourable court may deem fit to make in the circumstance.
By their originating summons, the Applicants distilled two questions thus:
i. Whether or not by the interpretation of section 36(1) of the Constitution of the Federal Republic of Nigeria, 1999 (As amended) the Respondent’s dissolution and omission to appoint Governing Council members of the National Human Rights Commission interfered with the Applicant’s members’ right to fair hearing?
ii. Whether or not by the combined interpretation of sections 2(3) and 4 of the National Human Rights Commission (Amendment) Act 2010 or any other provision, the Respondents possesses the powers to dissolve the Governing Council established under section 2(1) of same National Human Rights Commission (Amendment) Act 2010?
The matter is yet to be assigned to a Judge in that division.
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