African Court

• FG should take steps to make Nigerians enjoy its benefits

THE suit by Mr Femi Falana (SAN), to compel the Federal Government to make the consequential declaration necessary for Nigerians to gain access to the African Court on Human and Peoples Rights is commendable. Such a declaration will enable Nigerians to approach the court for redress, where their rights have been infringed upon. Following the refusal of the Attorney-General of the Federation AGF) to take the required steps, even after Mr Falana had made his demand, the learned silk approached the federal high court for mandatory orders to compel the Federal Government.

In the suit filed by Mrs Funmi Falana, Falana declared in the supporting affidavit that: “Nigerian citizens whose human rights are violated in Nigeria and other African countries are unable to seek redress in the African Court due to the refusal of the Federal Government to accept the competence of the court by making the declaration pursuant to article 34 (6) of the Protocol.” In the face of xenophobic and other forms of attacks against Nigerians in Diaspora, it is strange that the Federal Government is dilly-dallying to make the necessary declaration.

In South Africa and neighbouring countries in West Africa, Nigerians have suffered unnecessarily and with our local courts lacking the jurisdiction to give the victims redress, the African Court would provide a credible alternative. So, why the delay to do the needful since 2011? In the affidavit, Falana noted that: “On December 1, 2011 the Federal Government assured the President and Judges of the African Court that it would make the declaration accepting the competence to enable individuals and non-governmental organisations to access the African Court.”

What made the previous regime renege on this promise? Interestingly, last year, a Nigerian, Stella Isibhakhomen Anukam was elected a judge of the court, and without doubt, Nigeria is also a leader among the comity of African Nations. As such, it should show leadership by quickly making the necessary declaration, as required. Of note, out of the 30 member-countries, nine: Algeria, Benin, Burkina Faso, Cote d’Ivoire, Ghana, Gambia, Mali, Malawi, and Tanzania, have made the necessary declaration as required by  the protocol establishing the court, based in Arusha, Tanzania.

At home, the government of President Muhammadu Buhari has shown the predilection to ignore judgments of the local courts in high profile fundamental human rights cases, even when the president has been decorated as a champion of anti-corruption. So, the declaration would present one more opportunity to evaluate the credential of the President by the international community with regards to respect for fundamental human rights of citizens. Positively, access to the court will constitute a peer review of sort for member-countries.

Mr Falana also noted that Nigeria is compelled by local laws to accede to the protocol and make the consequential declaration, to enable her citizens access the court. He swore that “the failure or refusal of the Federal Government to make a declaration accepting the competence of the court is illegal as it violates section 1 of the African Charter on Human and Peoples Rights Act (Cap A9) Laws of the Federation of Nigeria 2004.” We agree with the learned silk.

By the provisions of Article 1 of the said act: “The member states of the Organisation of African Unity parties to the present Charter shall recognise the rights, duties and freedom enshrined in this Charter and shall undertake to adopt legislative or other measures to give effect to them.”

Nigeria, having ratified the charter, should make the consequential declaration to accede to its decisions, so Nigerians can enjoy that benefit of democracy and rule of law.