AGF Fagbemi Opposes Human Rights Defenders Bill, Warns Against Legislative Duplication
At a public hearing convened by the House of Representatives Committee on Human Rights in Abuja, the Attorney‑General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, declared the Federal Government’s opposition to the proposed Human Rights Defenders Protection Bill.
Represented by Mr. Reuben Imarha, Chief State Counsel, Fagbemi argued that Nigeria already has sufficient legislation on human rights protection. He cautioned that enacting another law would create institutional overlap, legislative confusion, and duplication of functions among government agencies. While acknowledging gaps in enforcement, he urged the National Assembly to focus on empowering existing institutions to enhance their implementation capacity.
The AGF, however, expressed support for the proposed repeal and re‑enactment of the National Human Rights Commission Act, subject to amendments. He raised concerns over specific clauses:
– Clause 5(2b): Mandating annual human rights compliance certificates for business owners, which he said could undermine Nigeria’s ease of doing business.
– Clause 15: Granting the Commission power to borrow funds without ministerial or legislative approval, which he warned could lead to abuse.
– Clause 16(2b): Imposing a quasi‑tax of 0.3% of annual profits from multinationals and businesses in the financial and oil sectors, which he recommended should be harmonised with ongoing federal tax reforms.
Civil society groups, however, strongly backed the Human Rights Defenders Protection Bill. Mr. Jude Ohanele, Programme Director of Development Dynamics, described it as a landmark initiative that would strengthen democratic institutions, enhance Nigeria’s international reputation, and protect civil society actors, journalists, lawyers, whistleblowers, and community leaders. He urged the House to give the bill accelerated passage.
The Executive Secretary of the National Human Rights Commission, Chief Tony Ojokwu, highlighted the need for businesses to embed human rights in their operations and lamented that the Human Rights Fund established in 2010 had never been funded. He noted that the bill seeks to consolidate the Commission’s independence and ensure speedy enforcement of its decisions through the Federal High Court.
Similarly, Mr. Clement Nwakwo, Executive Director of the Policy and Legal Advocacy Centre (PLAC), commended the Commission’s work but stressed the need for stronger investigative powers and sustainable funding in line with the Paris Principles.
The proposed legislation aims to promote accountability, transparency, social justice, and the rule of law, while safeguarding those who peacefully advocate for constitutional and international rights.
