31 years after, FG moves to strengthen National Human Rights Commission

By Ikechukwu Nnochiri

The National Human Rights Commission (NHRC) was established in 1995, during the military regime of the late General Sani Abacha.

Although Decree No. 22 of 6 October 1995-enacted during the Abacha era-provided the legal basis for the Commission’s existence, it was not until June 1996 that the institution’s first governing council was inaugurated.

At the time, General Abacha aimed to align with the United Nations General Assembly resolution, which had insisted that member-states create independent national human rights bodies.

This came when his regime’s human rights record was abysmal.

Abacha established the Commission to address widespread rights abuses, meet international obligations, and provide an independent body to protect and promote human rights at the national level.

The adoption of the Universal Declaration of Human Rights (UDHR) in 1948 marked a global shift toward institutionalizing human rights protection.

Subsequently, the Paris Principles of 1991 laid down standards for national human rights institutions across the globe.

Following these developments, many countries, including Nigeria, moved to align with UN-backed principles.

With the appointment of a retired Justice of the Supreme Court, Justice P. K. Nwokedi, as Chairman of its first governing council, the NHRC arose in response to serious domestic abuses that included custodial deaths, police brutality, and restrictions on freedoms during periods of political tension or military rule.

Primarily, the Commission was not only to serve as a watchdog but also to function as an independent body that could investigate rights violations and hold authorities to account.

The core idea was for the NHRC to strengthen accountability, provide redress for victims, and promote a culture of respect for human rights within the state, judiciary, and security agencies.

Notwithstanding these lofty ideals, many critics-including the renowned human rights activist, Chief Gani Fawehinmi, SAN-dismissed the Commission as a “toothless bulldog set up to serve the interests of its master.”

Then, the NHRC had neither its own office nor a budget. It began skeletal operations in 1996 from a two-room office at the National Assembly premises, with some NASS staff conscripted to assist.

Not until 1997 were the first substantive staff employed, after which the Commission rented office space at Plot 800, Blantyre Street, Wuse 2, Abuja.

The Governing Council then established six zonal offices across Nigeria’s six geopolitical zones. In 1998, the first two opened in Lagos and Kano, followed in 1999 by those in Port Harcourt, Enugu, Jos, and Maiduguri.

As of today, the Commission maintains offices in nearly all states of the federation, with its headquarters in Abuja.

The NHRC was under the 1995 Decree mandated to deal with all matters relating to the protection of human rights as guaranteed by the Constitution of the Federal Republic of Nigeria, the African Charter on Human and Peoples’ Rights, the United Nations Charter on Human Rights, the Universal Declaration of Human Rights, and other international treaties on human rights to which Nigeria is a signatory.

It was further tasked with monitoring and investigating all alleged cases of human rights violations in the country and making appropriate recommendations to the Federal Government for prosecution or such other actions as it may deem expedient in each circumstance.

Other functions of the Commission included:
*Assisting victims of human rights violations and seeking appropriate redress and remedies on their behalf.
*Undertaking studies on all matters pertaining to human rights and assisting the Federal Government in formulating appropriate policies on the guarantee of human rights.
*Publishing regular reports on the state of human rights protection in Nigeria.
*Organising local, national, and international seminars, workshops, and conferences on human rights issues for public enlightenment.
*Liaising and cooperating with local and international organisations on human rights to advance the promotion and protection of human rights.
*Participating in international activities relating to the promotion and protection of human rights; maintaining a library, collecting data, and disseminating information and materials on human rights.
The NHRC’s enabling Act was later amended in 2010.

The amended Act, which expanded the powers of the Commission to effectively carry out its mandate, was signed into law by former President Goodluck Jonathan in 2011.

Following the amendment, the Commission was informed by the Sub-Committee on Accreditation of the International Coordinating Committee of National Human Rights Institutions (ICC) on August 17, 2011, that the ICC Bureau had approved its restoration to ‘A’ status among National Human Rights Institutions (NHRIs).

The restoration meant the Commission had fully complied with the Paris Principles on the establishment of NHRIs.

Meanwhile, about 31 years after the Commission was established, there is a renewed call for a review of the Establishment Act to reposition the body to perform optimally in the 21st Century.

Two proposed pieces of legislation to that effect-the National Human Rights Commission Act (Repeal and Enactment) Bill, 2025 (HB.2376) and the Human Rights Defenders Protection Bill, 2024 (HB.1867)-are currently pending before the National Assembly.

The National Human Rights Commission (Amendment) Act 2010 introduced key reforms to strengthen the NHRC’s independence and operational effectiveness under the principal Act (Cap. N46, LFN 2004).
Sponsored by Hon. Abiola Makinde and Hon. Mudashiru Alani, the bill reached second reading in the House of Representatives by late November 2025 and underwent public hearings in early 2026.
A principal provision of the bill pushes for the NHRC to gain financial autonomy.

It proposes making the NHRC’s funding a direct charge on the Consolidated Revenue Fund, insulating it from executive budgetary control.

The bill expands the Governing Council of the Commission to 25 members (from 15), with more diverse representation from civil society, faith groups, and professional bodies.

It introduces clearer rules on the appointment and tenure of the Executive Secretary, providing for a five-year single term renewable once.

Other proposals include establishing a dedicated fund for the Commission’s operations, complaints redress, and interventions, with provisions for voluntary contributions.

Awards, decisions, and recommendations of the NHRC would also gain the force of High Court judgments, enforceable via court processes.

The bill further adds investigative powers, including search warrants, subpoenas, and contempt proceedings for non-compliance with the Commission’s directives.

Additionally, it broadens the Commission’s mandate to monitor human rights in private-sector activities and during emergencies.

While Clause 5(2)(b) mandates annual human rights compliance certificates for business owners, Clause 15 allows the NHRC to borrow funds for prosecuting cases.

On the other hand, the Human Rights Defenders Protection Bill (HB 1867) aims to protect human rights defenders-including journalists, lawyers, civil society actors, whistleblowers, and community leaders-who advocate for constitutional and international rights.

It seeks to promote accountability, transparency, social justice, and the rule of law by shielding these individuals from harassment or reprisals.

As of the first week of March 2026, the two bills underwent legislative consideration following public hearings, where stakeholders like the UN and CSOs threw their weight behind them, while the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, offered conditional backing.

During the public hearing at the House of Reps, the AGF, while opposing the proposed Human Rights Defenders Protection Bill, argued that the country already has sufficient legal safeguards to protect fundamental rights.

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

He argued that existing statutes already provided adequate protection, saying the introduction of a new legal framework could result in overlapping mandates and legislative confusion among government agencies.

Although he acknowledged the existence of gaps in the enforcement of human rights, the AGF urged the NASS to strengthen existing institutions rather than creating new structures.

He, therefore, implored the lawmakers to reject the proposed legislation.

On the other hand, the AGF expressed conditional support for the proposal to repeal and re-enact the NHRC Act, even as he raised concerns about some of the clauses in the bill.

For instance, 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 the country.

Admitting that businesses had, in the past, been implicated in rights violations, the AGF said the provision requires review so as not to scare investors away.

The AGF also opposed Clause 15 of the bill which seeks to empower the NHRC to borrow funds to prosecute human rights cases.

He recommended that such borrowing should require the approval of the Justice 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 NHRC, the AGF described the measure as an attempt to introduce a quasi-tax regime.

He cautioned that the proposal should be harmonised with the Federal Government’s ongoing tax reform programme to prevent duplication.

Despite the AGF’s observations, representatives of the CSOs, as well as the Executive Secretary of the NHRC, Dr. Anthony Ojukwu, SAN, backed the ongoing efforts to strengthen the operations of the Commission.

Ojukwu, SAN, said the proposed review of the NHRC Act would better position the Commission to protect the rights of citizens and that there was the need to consider emerging human rights issues and to establish sustainable operational funds for the Commission.

He 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.

Ojukwu, SAN, said the bill would also ensure speedy enforcement of the Commission’s decisions through the Federal High Court and further consolidate its institutional independence.

In the same vein, the UN Resident and Humanitarian Coordinator, Assistant Secretary-General Mohamed Malick-Fall, who participated in the public hearing, backed the passage of both bills, saying they represented critical steps towards strengthening the institutional framework for human rights protection in Nigeria.

“They will ensure greater alignment with international standards, particularly the Paris Principles on the status and functioning of national human rights institutions, and advance the recognition and safeguards for human rights defenders in line with the UN Declaration on Human Rights Defenders,” the UN representative added.

He urged the National Assembly to adopt both bills, assuring that the UN was ready to provide technical assistance, including expertise on best practices for NHRIs and the protection of human rights defenders to support Nigeria.

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