Composition of Governing Council of NHRC unconstitutional, says Senate Committee chairman

Opeyemi Bamidele

  • As ‘Red Chamber’ confirms appointment of NHRC Chairman, members

By Ishaya Ibrahim, News Editor

The Chairman of the Senate Committee on Judiciary, Human Rights and Legal Matters, Senator Opeyemi Bamidele, on Tuesday took a swipe at the President Muhammadu Buhari-led Federal Government for breaching the Federal Character Principle as enshrined in the 1999 Constitution in the appointment of the Chairman and members of the National Human Rights Commission (NHRC).

Bamidele made the observation while presenting the report by the Committee on Judiciary, Human Rights and Legal Matters on the floor of the Senate.

Consideration of the report led to the confirmation of the nomination of Salamatu Hussaini Suleiman as Chairman of the National Human Rights Commission (NHRC).

Besides Suleiman, 15 other nominees – Mrs. Beatrice Jedy-Agba, Amb. Umar Zainab Salisu, Mrs. Dafe T. Adesida, Joseph Onyemaechi Mmamel, Ahmad Abubakar Fingilla, Kemi Asiwaju-Okenyodo, Abubakar Muhammad, Femi Okeowo, Sunny Daniel, Barr. Agabaidu Chukwuemeka Jideani, Mrs. Nella Andem-Rabana, Azubuike Nwakwenta, Jamila Isah, Mrs. Idayat Omolara Hassan, and Mr. Anthony Ojukwu – were also confirmed as members of the Commission.

But presenting the report, Bamidele, who said members were guided by the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the extant law which established the National Human Rights Commission, however, observed that Section 14(3) of the Constitution requires that the composition of the Government of the Federation or any of its agencies, should reflect the Federal Character Principles.

Citing Section 3(2) and 3 of the National Human Rights (Amendment) Act, he noted that the composition of the Council to consist of the Chairman and Members of the Commission should represent various segments of the human rights community.

According to the lawmaker, “It is noteworthy to state that the composition of the Governing Council of the National Human Rights Commission as presented to the 9th Senate, does not comply with the provisions of the Constitution as it relates to the Federal Character Principles.”

“Human rights issues do not only affect a segment but cut across all parts of the country. As such, all geo-political zones must be represented in conformity with the provisions of the Constitution, in light of emerging human rights abuses in the country.”

The lawmaker, therefore, urged the Senate do draw the attention of Mr. President and Commander-in-Chief of the Armed Forces of the Federation to the lop-sidedness in the composition of the Governing Council of the National Human Rights Commission, which is an infraction against the Constitution of the Federal Republic of Nigeria 1999, as amended.

“The Senate and indeed the National Assembly does not only make laws but also ensures that the laws made are complied with, through the mechanisms of checks and balances.

“Therefore, it is our duty to draw the attention of the Executive who is saddled with the responsibilities of making nominations for appointments into any position in the country to ensure compliance with the Federal Character Principles in line with the Constitution,” Bamidele, who represents Ekiti Central senatorial district on the platform of the All Progressives Congress (APC) further said.

The Senate President, Ahmad Lawan, in his remarks after the appointments were confirmed, urged the executive arm of government to comply with the observations raised by the Judiciary, Human Rights and Legal Matters Committee, by ensuring it adheres to the Federal Character Principles as provided in the 1999 Constitution (as amended) in making appointments.

“The Committee has raised some observations, and I want to reiterate here that the executive should take very serious note of the observations raised in the area of ensuring that there is compliance with the constitutional provisions for appointments like this”, the Senate President said.

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