2 days Ago By Guardian Nigeria
Persecution rather that prosecution: In many instances, the real facts of some cases that have found themselves in the dockets of the criminal courts are purely instigated by parties to civil disagreements. The state and its agencies should act on behalf of society at large and not become willing tools of oppression. The trinity concept of justice for the complainant, the victim and society at large, should always guide the prosecutors.
Bar crisis: Unfortunately, the Bar itself has also contributed to the growing incidence of HRs crisis. We would have thought that the Bar ought to be a redeeming element in the crisis but unfortunately many of our colleagues are complicit in the HRs crisis. A chief factor here is the NBA’s growing inactivity.
While we must say kudos to the endeavours of the NBA in keeping with the objectives of its constitution to uphold HRs, there is indeed great need to expedite action in its crusade against HRs violations by intensifying efforts towards activities such as prison visitations, legal aid through pro bono cases; encouragement of Public Interest Litigation; unanimous condemnation of and resistance against executive rascality and interference with the judiciary. Press freedom and public interest litigation crisis: There is also the growing wave of crackdown on free press and Public Interest Litigation. News houses and PIL institutions such as SERAP have encountered relentless resistance especially from state actors.
However, aggressive resilience to repel these forces through solidarity from the HRs stakeholders such as the NBA in partnership with the judiciary will make a strong tag team against these forces. Possible solutions to the challenges in the Nigerian context Nigeria is unarguably a member of and subscriber to the UN and the UDHR. It has a mandate to uphold HRs to the maximum.
Some critical reformative measures that must be taken to stem the tides of HRs abuse are suggested below: Call for reform of NBA members: That there now exists the Judas-Branch among the NBA brotherhood has become a commonplace thing. Situations where lawyers collude with litigants to abuse the HRs of fellow citizens is most pathetic. It is lawyers who author false petitions on behalf of clients; it is lawyers who fail to advise their clients to cease and desist from criminalising purely civil causes and it is lawyers who bait the police.
Some of our colleagues often encourage the impunity of deploying the instrumentality of law enforcement agencies to pursue private vendetta. The point is that members of the Bar should have deep self-evaluation leading to reformation of their practice. Creation of a court with special HRs jurisdiction: Just like the National Industrial Courts and Family Courts, it is suggested that moves should be made to champion the creation of courts with special HRs jurisdiction.
The court shall be exclusively dedicated to the expeditious hearing and disposal of HRs causes. It is suggested that the NBA should take the lead in this regard. In the interim, it is strongly urged on the NBA to work with the courts to prioritise hearing of HRs cases.
Making Chapter 2 of the Constitution justiciable: We submit that if the crusade of HRs would outgrow its present adolescence the relevant portions of Chapter 2 of the Constitution on the Fundamental Objectives and Directive Principles of State Policy should be made justiciable just like Chapter 4 thereof. HRs education: Due to the tremendous amount of mass illiteracy, it is suggested that the NBA in collaboration with advocacy groups, should facilitate translation of Chapter 4 of the Constitution into major local languages and circulate the same. That way, a large number of the uneducated masses would become informed about their HRs and understand the opportunity they have to seek redress through the law in the event of violations.
Revival of the NBA visitation committee: It is advocated that NBA should revive its visitation committees. At the next AGC, a session should be dedicated to meet all branch chairmen to coordinate this process. Also, NBA should encourage interaction with the police and law enforcement agencies for workshops and trainings on HRs by law experts Conclusion: As we join the HRs global family to commemorate the 76th episode of the HRs Day with the theme: Our Rights, Our Future, Right Now, we must remember that our attitude to securing our rights by standing up courageously against the forces and crises that beleaguer our rights will determine the kind of future we bequeath to our children.
The hands of all stakeholders, particularly the Bar, must be on deck to collectively repel the forces that have come against the crusade for progress and security of Human Rights. Concluded. Adegboruwa is a Senior Advocate of Nigeria (SAN).
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