AGF Fagbemi opposes human rights defenders bill, backs NHRC reform with conditions

The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, has opposed the proposed Human Rights Defenders Protection Bill, arguing that Nigeria already has sufficient legal safeguards to protect fundamental rights.

He stated the ministry’s position at a public hearing on Wednesday organised by the House of Representatives Committee on Human Rights in Abuja.

The hearing focused on two proposed legislations, the Human Rights Defenders Protection Bill and a Bill seeking to repeal the National Human Rights Commission Act and the National Human Rights Commission (Amendment) Act, 2010, to enact the National Human Rights Commission Bill, 2025.

The proposed amendment to the National Human Rights Commission law aims to strengthen the commission’s investigative powers, enhance its day-to-day operations and ensure sustained contributions to the Human Rights Fund in line with the Paris Principles.

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The Human Rights Defenders Protection Bill, on its part, seeks to safeguard civil society actors, journalists, lawyers, community leaders, whistleblowers, faith-based actors and other citizens who peacefully advocate constitutional and internationally recognised rights.

Represented by the Chief of State Counsel, Reuben Imarha, Mr Fagbemi maintained that enacting a fresh law dedicated to human rights defenders would create “duplication and institutional conflict.”

According to him, existing statutes already provide adequate protection, and introducing another framework could result in overlapping mandates and legislative confusion among government agencies.

While acknowledging gaps in the enforcement of human rights, he urged the National Assembly to strengthen and adequately resource existing institutions rather than create new structures.

He stressed that the ministry is “strongly against the Human Rights Defenders Protection Bill”, urging the House to jettison the proposed legislation.

However, the minister expressed conditional support for the bill seeking to repeal and re-enact the National Human Rights Commission law, though he raised specific concerns about some clauses.

He faulted Clause 5(2)(b), which proposes that business owners obtain an annual human rights compliance certificate, warning that such a requirement could undermine ongoing efforts to improve the ease of doing business in Nigeria.

Although he acknowledged that businesses have been implicated in rights violations, he said the provision requires review to avoid discouraging investment.

Mr Fagbemi also raised objections to Clause 15, which seeks to empower the commission to borrow funds to pursue human rights cases. He recommended that such borrowing should require the approval of the ministry or the National Assembly to guard against abuse.

On Clause 16(2)(b), which proposes that multinationals and public and private companies in the financial and oil sectors contribute 0.3 per cent of their annual profits to the commission, he described the measure as introducing a quasi-tax regime. He advised that the proposal be harmonised with the federal government’s ongoing tax reform programme to prevent duplication.

Civil society groups at the hearing took a contrary position.

Programme Director of Development Dynamics, Jude Ohanele, argued that the Human Rights Defenders Protection Bill would deepen democratic governance and strengthen Nigeria’s international human rights standing.

He said the legislation would enhance transparency, boost investor confidence through rule-of-law assurances and provide lawful channels for citizens to ventilate grievances, thereby reducing conflict.

According to him, the bill is not adversarial to the state but reinforces constitutional order and responsible governance.

“We strongly support the bill in its entirety. The Human Rights Defenders Protection Bill, 2024 (HB.1867) is a landmark legislative initiative that reflects Nigeria’s preference for democracy and commitment to constitutional governance,” he said, urging the House to fast-track its passage in the national interest.

Executive Secretary of the National Human Rights Commission, Tony Ojukwu, also supported stronger legal backing for the commission. He stressed that businesses should be compelled to integrate human rights standards into their operations.

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Mr Ojukwu noted that the Human Rights Fund, established in 2010, has yet to receive funding, adding that the proposed legislation seeks to provide financial backing, partly through tax-related mechanisms, to enable the commission to pursue human rights cases effectively.

He said the bill would also ensure speedy enforcement of the commission’s decisions through the Federal High Court and further consolidate its institutional independence.

Executive Director of the Policy and Legal Advocacy Centre, Clement Nwankwo, commended the commission’s efforts but said more reforms are necessary.

He urged the National Assembly to approve the commission’s requests and pass the amendment bill before August to strengthen human rights protection in the country.