Popular Human rights lawyer, Femi Falana has sued the Federal Government over its failure to recognise the competence of the African Court on Human and Peoples Rights to hear cases filed by Nigerians.
Falana, in the suit, marked, FHC/ABJ/CS/356/2019, and filed last Friday, which comes up for hearing on 10/5/19 see the Attorney-General of the Federation (AGF) listed as the sole defendant in the suit.
Falana is asking that the Federal Government, through the AGF, justify the reason behind victims of human rights violations and relatives of Nigerian citizens killed in other African countries not being able to challenge such violations and also demand compensation in the African Court.
The following reliefs are what Falana is demanding;
“A declaration that the failure or refusal of the Federal Government to make a declaration accepting the competence of the African Court on Human and Peoples Rights 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.
“A declaration that failure or refusal of the Federal Government to make a declaration accepting the competence of the African Court on Human and Peoples Rights is illegal and unconstitutional as it violates the applicant’s right to fair hearing guaranteed by Section 36 of the 1999 Constitution and Article 7(1) of the African Charter on Human and Peoples Rights Act (Cap A9) Laws of the Federation of Nigeria 2004.
“An order directing the Federal Government to make a declaration accepting the competence of the African Charter on Human and Peoples Rights forthwith.”
With a representative on the bench of the African court, Nigerian is one of the 30 states that are members of the African Union to have ratified the protocol establishing the court, which is based in Arusha, Tanzania.
Article 34(6) of the Protocol for the establishment of the African Court on Human and Peoples Rights, however, requires that every member of the African Union declare and accept that the African Court is competent enough to receive cases from Non-Governmental Organisations and individuals in the countries.
