Reps grant Human Rights Commission autonomy, prosecutorial powers

The House of Representatives has adopted the report on a bill seeking to repeal the National Human Rights Commission Act, 2004, and the National Human Rights Commission (Amendment) Act, 2010, replacing them with the proposed National Human Rights Commission Act, 2026, aimed at strengthening the powers, independence, and funding of the Commission in line with the United Nations Paris Principles.

The proposed legislation seeks to empower the Commission to conduct more effective investigations into human rights violations, establish a sustainable Human Rights Fund, create a National Preventive Mechanism, and institutionalise a protection framework for human rights defenders across the country.

The report was adopted by the Green Chamber after consideration by the Committee of the Whole.

The bill is anchored on Nigeria’s constitutional commitment to the dignity and equality of all persons and its obligations under several international and regional human rights instruments, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention Against Torture, the African Charter on Human and Peoples’ Rights, the Convention on the Elimination of All Forms of Discrimination Against Women, and the United Nations Declaration on Human Rights Defenders.

It also seeks to provide an enabling environment for the promotion, recognition, and enforcement of rights guaranteed under the 1999 Constitution and other international treaties to which Nigeria is a party, while creating a forum for public enlightenment and dialogue aimed at reducing disputes over allegations of human rights violations by individuals, corporate bodies, and public institutions.

A major innovation in the bill is Clause 21, which establishes a Human Rights Fund to finance the Commission’s activities.

The fund will support research and training on human rights, collaboration with civil society organisations and other stakeholders, protection of human rights defenders, periodic assessments of business and human rights compliance, implementation of national human rights action plans, infrastructural development for the Commission, staff welfare, and the payment of compensation awarded by the Commission to victims of human rights violations.

The proposed law provides that the fund will be financed through 2 per cent of the 50 per cent Development Levy allocated to the Tertiary Education Trust Fund (TETFund) under Section 59(3) of the Nigeria Tax Act, 2025, as well as foreign grants and assistance from bilateral and multilateral organisations, donations from philanthropic individuals, federal government subventions, extra-budgetary allocations, and other lawful sources.

The bill further seeks to formally recognise and protect human rights defenders through the establishment of a Mechanism for the Protection of Human Rights Defenders within the Commission.

The specialised mechanism, to be headed by a director, will coordinate measures aimed at preventing intimidation or reprisals against human rights defenders and ensuring their protection while carrying out lawful human rights activities.

In addition, the proposed legislation introduces stricter sanctions for acts capable of undermining the Commission’s operations.

Under Part X (Miscellaneous), Clause 31, any person who refuses to provide evidence requested by the Commission, obstructs its officials, intimidates or harasses persons cooperating with the Commission, or refuses to comply with its lawful directives, determinations, or findings commits an offence.

Upon conviction, an individual is liable to a fine of not less than N500,000 or six months’ imprisonment, or both, while a corporate body faces a minimum fine of N5 million and an additional N20,000 for each day the offence continues.

The adoption of the report moves the legislation a step closer to passage, with lawmakers expressing optimism that the proposed bill will strengthen Nigeria’s institutional framework for the promotion and protection of human rights while enhancing compliance with international human rights standards.