National Human Rights Commission Act (A583)

1. Establishing of the National Human Rights PART IV - FINANCIAL PROVISIONS Commission. 12. Fund of the Commission. 2 Governing Council of the Commission 13. Power to accept gifts.

3. Tenure of office, etc. 14. Borrowing power, etc.

4. Cessation of membership. 15. Annual estimates, accounts and audit.

16. Annual reports. PART II - FUNCTIONS AND POWERS

5. Functions of the Commission. PART V - MISCELLANEOUS PROVISIONS

6. Powers of the Commission. 17. Power of the Attorney-General of the Federation to give directives. PART III - STAFF 18. Regulations.

7. Executive Secretary of the Commission 19. Interpretation.

8. Other staff of the Commission, etc. 20. Citation. Commence [27th September, 1995] ment WHEREAS considering that the United Nations Charter and several provisions of the Constitution of the Federal Republic of Nigeria 1979, as amended, are based on the principles of the dignity and equality of all human beings and seek, among other basic objectives the promotion and respect for human rights and fundamental freedoms for all without distinction as to race, sex, language or religion. A 584 1995 No. 22 National Human Rights Commission _______________________________________________________________________ AND WHEREAS to facilitate Nigeria's implementation of its various treaty, obligations, including, but not limited to, the Universal Declaration of Human Rights, the International Convention on the Elimination of all forms of Racial Discrimination, and the African Charter on Human and Peoples' Rights: AND WHEREAS the Federal Government is desirous to creating an enabling environment for extra-judicial recognition, promotion and enforcement of all rights recognized and enshrined in the Constitution of the Federal Republic of Nigeria 1979, as amended, and under other laws of the land: AND WHEREAS is furtherance of the above objectives and in its determination to provide a forum for public enlightenment and dialogue on and to limit controversy and confrontation over allegations of human rights violation by public officers and agencies and to reaffirm the sacred and inviolable nature of human and other fundamental rights: Now THEREFORE THE NATIONAL ASSEMBLY hereby enacts as follows: PART I - ESTABLISHMENT OF THE NATIONAL HUMAN RIGHTS COMMISSION, ETC.

1.-(1) There is hereby established a body to be known as the National Establishment of the National Human Rights Commission (in this Act referred to the "Commission"). Human Rights Commission. (2) The Commission shall be a body corporate with perpetual succession and a common seal and may sue and be sued in it corporate name. Governing 2.-(1) There shall be for the Commission a Governing Council (in this Council of the Commission Act referred to as "the Council") which shall be responsible for the discharge of the functions of the Commission. (2) The Council shall consist of - (a) a Chairman who shall be a retired Justice of the Supreme Court of Nigeria or the Court of Appeal or a retired Judge of the High Court of a State; (b) a representative each of the following Federal Ministries, that is - i) Justice; ii) Foreign Affairs; iii) Internal Affairs. (c) three representatives of registered human rights organisations in Nigeria; (d) two legal practitioners who shall not have less than ten years post qualification experience; (e) three representatives of the media, at least, two of whom shall be from the private sector; (f) three other person to represent a variety of interests; and (g) the Executive Secretary of the Commission. (3) The Chairman and members of the Commission shall be - (a) persons of proven integrity; and National Human Rights Commission Act, 1995 A 585 National Human Rights Commission 1995 No. 22 A585 (b) appointed by the President, Commander-in-Chief of the Armed Forces, on the recommendation of the Attorney-General of the Federation. (4) The supplementary provisions set out in the Schedule to this Act shall have effect with respect to the proceedings of the Council and the other matters contained therein.

3.- (1) A member of the Council, other than the Executive Secretary, Tenure of shall hold office for a term of four years and may be re-appointed for one office, etc. further term of four years and no more. (2) A member of the Council may at any time resign his office in writing addressed to the President, Commander-in-Chief of the Armed Forces and which resignation shall become effective on acceptance by the President, Commander-in-Chief of the Armed Forces. (3) Members of the Council shall be paid such allowances as may be determined by the Federal Government.

4.- (1) A member of the Council shall cease to hold office if - (a) he becomes of unsound mind; or Cessation of membership. (b) he becomes bankrupt or makes a compromise with his creditors; or (c) he is convicted of a felony or of any offence involving dishonesty; or (d) he is guilty of serious misconduct in relation to his duties. (2) A member of the Council may be removed from office by the President, Commander-in-Chief of the Armed Forces if he is satisfied that it is not in the interest of the public that the member should remain in office. (3) Where a vacancy occurs in the membership of the Council, it shall be filled by the appointment of a successor to hold office for the remainder of the term of office of his predecessor, so however that the successor shall represent the same interest and shall be appointed by the President, Commander-in-Chief of the Armed Forces. PART II - FUNCTIONS AND POWERS

5. The Commission shall - Functions of the Commission. (a) 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, the United Nations Charter and the Universal Declaration on Human Cap. 63 LRN. Rights and other international treaties on human rights to which Nigeria is a Cap.10 LFN. signatory; (b) monitor and investigate all alleged cases of human rights violation in Nigeria and make appropriate recommendations to the Federal Government for the prosecution and such other actions as it may deem expedient in each circumstance; A 586 National Human Rights Commission Act, 1995. A 586 1995 No. 22 National Human Rights Commission _______________________________________________________________________ (c) assist victims of human rights violations and seek appropriate redress and remedies on their behalf; (d) undertake studies on all matters relating to human rights and assist the Federal Government in the formulation of appropriate policies on the guarantee of human rights; (e) publish regularly reports on the state of human rights protection in Nigeria; (f) organise local and international seminars, workshops and conferences on human rights issues for public enlightenment; (g) liaise and cooperate with local and international organisations on human rights for the purpose of advancing the promotion and protection of human rights; (h) participate in all international activities relating to the promotion and protection of human rights; (i) maintain a library, collect data and disseminate information and materials on human rights generally; and (j) carry out all such other functions as are necessary or expedient for the performance of these functions under the Act. Powers of the 6. The Commission shall have power to - Commission. (a) do all things which by this Act or any other enactment are required or permitted to be done by the Commission; and (b) do such other things as are necessary or expedient for the performance of its functions under this Act. PART III - STAFF Executive Secretary of the 7. (1) There shall be for the Commission an Executive Secretary, who Commission. shall be the chief executive of the Commission and be appointed by the President, Commander-in-Chief of the Armed Forces, on the recommendation of the Attorney-General of the Federation. (2) The Executive Secretary shall hold office for a term of five years in the first instance on such terms and conditions as the President, Commander-in- Chief of the Armed Forces, may, on the recommendation of the Attorney-General of the Federation determine, and may be reappointed for one further term of five years and no more. (3) Subject to such general directions as the Council may give, the Executive Secretary shall be responsible for the day-to-day administration of the Commission and the implementation of the decisions of the Council. (4) The Executive Secretary shall perform the functions of keeping the record of proceedings and decisions of the Council and such other functions as the Council may, from time to time, direct. Others staff of the 8. (1) The Council shall have power to appoint directly, and either on Commission etc. transfer or on secondment from any public service in the Federation, such number of employees as may, in the opinion of the Council, be required to National Human Rights Commission 1995 No. 22 A 587 ______________________________________________________________________ assist the Commission in the discharge of any of its functions under this Act, and shall have power to pay to persons so employed such remuneration (including allowances) as the Council may, determine. (2) The terms and conditions of service (including terms and conditions as to remuneration, allowances, pensions, gratuities and other benefits) of the persons employed by the Commission shall be as determined by the Council from time to time. (3) The Council may engage such consultants and advisers as it may require for the proper and efficient discharge of the functions of the Commission.

9. The Commission may, subject to the provisions of this Act, make Staff staff regulations relating generally to the conditions of service of the employees of the regulations. Commission and without prejudice to the generality of the foregoing, such regulations may provide for - (a) the appointment, promotion and disciplinary control (including dismissal) of employees of the Commission; and (b) appeals by such employees against dismissal or other disciplinary measures.

10. The Commission shall, with the approval of the Attorney-General Condition of of the Federation, determine its conditions of service, including pensions and service. gratuities, as are appropriate for its employees.

11. - (1) It is hereby declared that service in the Commission is a Pensions scheduled service and shall be deemed to be pensionable under the Pensions Cap. 346 Act and, accordingly, employees of the Commission shall in respect of their LFN. service in the Commission, be entitled to pensions, gratuities and other retirement benefits as are prescribed thereunder. (2) Notwithstanding the provisions of subsection (1) of this section, nothing in this Act shall prevent the appointment of a person to any office on terms which preclude the grant of a pension or gratuity in respect of that office. PART IV - FINANCIAL PROVISIONS

12.-(1) The Commission shall establish and maintain a fund which Fund of the shall be applied towards the discharge of its functions under this Act. Commission. (2) There share shall be paid and credited to the fund established pursuant to subsection (1) of this section - (a) such sums as may be provided by the Government of the Federation for the Commission. (b) any fees charged for services rendered by the Commission; and A 588 1995 No. 22 National Human Rights Commission _______________________________________________________________________ (c) all other sums accruing to the Commission by way of gifts, testamentary depositions, endowments and contributions from philanthropic persons and organisations or otherwise however. Power to 13.-(1) The Commission may accept gifts of land, money or other accept gift property on such terms and conditions, if any, as may be specified by the person or organisation making the gift. (2) The Commission shall not accept any gift if the conditions attached by the person or organisation making the gift are inconsistent with the functions of the Commission. Borrowing power etc.

14. - (1) The Council may, with the consent or in accordance with any specific authority given by the Attorney-General of the Federation, borrow by way of loan or overdraft from any source approved by the Attorney-General of the Federation, such specified amount of money as may be required by the Commission for meeting its obligations and discharging its functions under this Act. (2) The Council may, subject to the provisions of this Act and the conditions of any trust created in respect of any property, invest all or any of its funds with consent or general authority of the Attorney-General of the Federation. Cap. 449 (3) The Council may invest any surplus funds of the Commission in LFN. securities prescribed by the Trustee Investments Act or such other securities as may, from time to time, be approved by the Attorney-General of the Federation. Cap. 202 (4) Subject to the provisions of the Land Use Act, and any special or LFN. general direction which the Attorney-General of the Federation may give in that behalf, the Council may acquire or lease any land required for its purpose under this Act. Annual estimates, 15.-(1) The Council shall cause to be prepared, not later than 30th accounts and audit September in each year, an estimate of the expenditure and income of the Commission during the next succeeding year and when prepared they shall be submitted, through the Attorney-General of the Federation, to the Federal Executive Council for approval. (2) The Council shall cause to be kept proper accounts and proper records in relation thereto and when certified by the Council such accounts shall be audited as provided in subsection (8) of this section. (3) The accounts of the Commission shall be audited by auditors appointed from the list of auditors and in accordance with the guidelines issued by the Auditor-General of the Federation and the fees of the auditors and the expenses for the audit generally shall be paid from the funds of the Commission. National Human Rights Commission 1995 No. 22 A 589 ______________________________________________________________________ Annual 16. The Council shall not later than six months after the end of each reports year, submit, through the Attorney-General of the Federation, to the Federal Executive Council a report on the activities of the Commission and its administration during the immediately proceeding year and shall include in the report the audited accounts of the Commission and the auditors comments thereon. Power of the PART V - MISCELLANEOUS PROVISIONS Attorney-General of the Federation 17. Subject to the provisions of this Act, the Attorney-General of the to give directives. Federation may give to the Council such directives of a general nature with regard to the exercise by the Council of its functions under this Act. Regulations.

18. The Attorney-General may make such regulations as he deems to be necessary or expedient for giving full effect to the provisions of this Act. Interpretation. 19. In this Act, unless the context otherwise requires - "Commission" means the National Human Rights Commission established under section1 (1) of this Act. "Council" means the Governing Council established for the Commission under section2(1) of this Act.

20. This Act may be cited as the National Human Rights Commission Citation. Act , 1995. SCHEDULE Section 2(4) SUPPLEMENTARY PROVISIONS RELATING TO THE COUNCIL, ETC Proceedings of the Council

1.- (1) Subject to this Act and section 27 of the Interpretation Act, the Cap. 192 Council may make standing orders regulating its proceedings or those of any of LFN. its committees. (2) The quorum of the Council shall be nine members, including the Chairman or, in his absence, the person elected under paragraph 2(2) of this Schedule to preside, and seven other members and the quorum of any committee of the Council shall be determined by the Council.

2.- (1) The Council shall meet at least once a month in each calendar year and subject thereto, the Council shall meet whenever it is summoned by the Chairman, and if the Chairman is required to do so, by notice given to him by not less than four other members, he shall summon a meeting of the Council to be held within fourteen days from the date on which the notice is given. (2) At any meeting of the Council, the Chairman shall preside but if he is absent, the members present at the meeting shall elect one of their number to preside at the meeting. (3) Where the Council desires to obtain the advice of any person on a particular matter, the Council may co-opt him to the Council for such period as it thinks fit, but a person who is in attendance by virtue of this sub-paragraph shall not be entitled to vote at any meeting of the Council and shall not count towards a quorum. (4) The decision of the Council shall be by simple majority. Committees

3.- (1) The Council may appoint one or more committees to carry out, on behalf of the Council, such of its functions as the Council may determine. (2) A committee appointed under sub-paragraph (1) of this paragraph shall consist of such number of persons (not necessarily members of the Council) as may be determined by the Council, and a person other than a member of the Council, shall hold office on the committee in accordance with the terms of his appointment. (3) A decision of a committee of the Council shall be of no effect until it is confirmed by the Council. Miscellaneous

4.- (1) The fixing of the seal of the Commission shall be authorised by the signature of the Chairman or any person specifically authorised to act for that purpose by the Council. - NATIONAL HUMAN RIGHTS COMl'VIlSSION (AMENDMENT) ACT,-'2.010 EXPLAI~ATORY MEMORANDUM This Act amends the National Human Rights Act Cap.-N46 Laws of the Federation ot'Nigeria, 2004 to provide, arnong other things for~ (a) independence in the conduct ofthe.affairs of the Commission;• ·-- . :. . · (b) the funds of the Commission to be a direct c4a¥ge on the .Consol.~dateq Revenue Fund of the Federation; (c)'the establishmentoftheI-fuman R\ghts-Funct/ and - (d) the recognition and enforcement of the awards and recorhniendations of the Commjssion as decisions of the High Cowt. • --i NATIONAL HUMAN RIGHTS COMMISSION (AMENDMENT) ~· ACT;-20_10 '. -ARRANGEMENT OF SECTIONS Section - I. Amendri1ent of Cap. N46 LFN, 2004

2. Amendment of Preamble

3. Substi tution for section 2

4. Amendment of section 3

5. Amendment of section 4

6. Amendment of section 5

7. Substitution for section 6

8. Amendment of section 7

9. Substitution for section; 10

10. Amen·dment orse~tion 12

11. Substitution for s~ctiop 14 12~ Insertion of a new section 15

13. Amend1m~nt-of section 16.

14. Substitution for sectioi1 17. 15 . .Insertion of a new section 18.

16. Insertion ofa ne_w _section 19. J7. Insertion ofa new section 20. ·18. Insertion ofa new section 21. ·

19. Insertion ofa new sc:ction 22.

20. Substitution for the existing se.ction 18 of the Principal Act. 2.1 . Ainendment of'Schedule 22 .. Citation . ;' NATIONAL HUMAN RIGHTS COMMISSION.(AMENDMENT) .ACT,.1 -010 A Bill For An Act to amend the National Human Rights'. Commission Act Cap. N4 6 Laws _of the Federation of Nigefj'a~ 2004; to provide for; among othe_r things, toe indep·enclerjce in h1~:condi1ct of the a:ffairs of the Com ni'i$Sion, the funds of tbe ,Gommission. ' to be a direc't . charge on tl1e 9 oqsolid,ated Revenue f'.!ti-h_4 o,f the Fe()eratioii;;;;:i ,;._, estat,lishment ,.o ftlle:T:i;m1ta11 Rights Fund ,,antl:lecog1iition,:,'9f~n9 ,·-•+-~ enforcement o,f,-. the ·:awards and rec:omitiend atfons ~- of 0''tllt Com'rnission }is '<lecis16ns of the Higli •'9oiih -~i1d'; fof ·.~elateil matters. · ENACTED by tlle National Assembly of the Federal Republic of Nigeria - -1. The National Human Rie:hts Commission Act Cap. N46 Laws of the Ameoclmentor · f N· · ~ · · fi d ,~ , . . -. ,- Cap. N'16 LFN. Fed erat1on o 1gena, 2004 (m thrs- Act re er1·e _t9 a~ th~ Princ1pa 1 ;:2004"-',~; . Act') is amended as set out in this Act;: Am_endni"elrt·of

2. The Preamble to the Principal Actis substituted for:a' new "Pi·eamble"- Pream61e ·'WHEREAS considering that the Uhited Nations \ C!:J'arter and the proyisions of tire; Constitution of the,_Federal Republi0J '.>f·Nigeria 1;9.99 are based oi1 the' principles of tli~•?dignity a11d, eqoaHty '0,f a-l'i'hlrn1an-:.,· beings and seek, among other b,asic objectives, the p,:omotion ancf.· respect for human rights and fondamental~,6eed~n, for all With~ut':C distinction as to race, sex, language onelfgLoi!f . ';\\:;'{ AND WHEREAS to facilitate Nigeria's impfementat,on _of it; various treaty obl igations:, inc(udilig, but ns>t liiniled to; the Univettsal Declaration on Human Rights.. the International Convention' for Economic, Social and Cultural Rights, the,Jntemationai Go1N~nfi01f og / _, the El imination of all ·fo rms of Racial Discri1ninatio11 a_nd the A'.f}ican Charter on Human and Peoples· Rights: creating a11 •enabling environment for ·extra-judiciai recognitfon~ promotion and enforcement of all ~-ig.hts recognised ar1~ ensbrrned i'n the Constitution of tile Federal Republic .of Ni"gi.ri/l 1999, the International and Re-gional Instruments and under a~yt o~!1er exis~ng 1 legislation: .' AND W HEREAS in fwtberance •of. the .above 00jecti've~ an,.d its· determination to provide a forn1n for pi1blic en'iiglitenment and fI dialogue on aAd to limit controversy and confrontation over- allegations of human rights violations by individuals. corporate bodies, pt1bl ic officers and agencies ?nd to re-affirm'-the_sa~red .and, inV'io.fable,•11atore· " of human and oth_er fun_damental rights." · ., J . Section 2 of the Principal Act ·is, s11bstit\ltea fot' a new se.ction"2"~ ~oovernlng 2(1) There shaWbe fqr the ·co1~mis~ioQ a Govei'n:i~g -Counci(', Council of the ". •C:'001111.ission · (in t~is Act referrerfto as "the Counci I'") v;1fr1ch sba:l:l"b,t , ,, resP.onsible for the discharge of the functions of the · Qqmmission. (2) The CO\Jncil -sh:all consist of- > (a) a Chairperson who shall be a ~etired Justice of the .. Supreme Cot1rt, or Cou1t of Appeal, or a re:tired {rtfdg'e ,., ofthe Federal High Court or High Court of a State' 'd.i' ·, a .JegaLp1:a:ctitioner with 20 y~a,rs post "'qu~J.ifi4,at10_1, · experienc~ ' .' an_dsequi•site exper}ence 'i'n 11.uman riglJf,~,' ~ ~ ' ~~ "(• (b) a .representative each of the· Federal Min•i·s try of: (i) Justice, who sha,-11 n9t be below Jhe 'rank: of a Director·, (ii) Foreign Affai:rs, who . shaf.I :110t -b'e, ,6~e)oiy the . rank of a Dir~c~_dr, - (iii) fnternal Affai.rs, w!J.~ shall .not"be below the rank of a Deputy Controller of Ptisons: Provided that ex-officio memhers. shal_L.not have C voting powers i_n the ,counciJ; (c) 3 repre~entatives of registei:eq huma11 rights -or:ganisati~:ms in Nigeri-a; (d) 2 legal practitione1:s who shall-not h_ave less th~n; -. 1-0 . years post qualification experience t_o .be app_oint~d on - .the recornrnend~tion of the Nation'hr Executiv~ · Committee of the Nigeri an B ar Association;" ,, (e) 3 representatives of the print and electw~ie rned ia, on:~ ,:.· to represent the !')Ublic and two· to represennhe pi"ivate, ,_- ·media; (f) a_ Pepresentative of the organised labour; (g) 2 other persons who shall be women with si:ifficient experience in human rights issues; and (h) tile Executive Secretary ofthe·C6mmission, (3) The Chaii-person and members ·oftbe Councrl sb-~ll e~c-1~ be:. (a) persons__ofproven integrity; .and ~ (b) appointed by the President, subject to the confirmation by the· SeJrnte. (4) !;,very member of the Council shall, before ?tarting' his dliti~s/ make and SUbscri !)e to ~n oath that he ·shafr fai.tl1folly". ai1cr impartial/y and to the best of his _a bility, discharge the dm;ies• devolving upon him under the Aet, that .he sliall not divu!ge·the pn;>oeedi"ngs, votes or opinions of the members of the Council or any other matter relevant.to the functions of the, Co~rn-ission_. (5) Such oath shall be in accorda,ice with the Oaths Acn11~·d: in this( Act, " OatJ{' includes affiri11ation arid declaration. eap, 0 I LFN. ·200~. '."' . (6) The supplemental'y provisii.ms set o.ut i11 the,,~che.du ltlo thi's .. Act shall have effect with respect fo the proeeedi)igs of!he ' . ' Council and the other 111_:;ttters contained t_f;-e;:ei-1_1;'. · · - A mencfrnent of

4. Section 3(3) of the Principal Act is amended by substitutii1~ for a seciiQn 3 new section "3(3)" - ''(3) Members of the Council shall be paid such allowances_as may be determined by the President, on the_recOlmne_ndatioj1,-of }he · Revenue Mobiliz:ation, Allocati0n .at1d Fiscal Commissiod'. Amendment of

5. Secti'on 4 of the Principal Act is amend,ed by - s~ction 4 (a) substituting for subsection (I), a ,new st1~,s ~etion I'( I)" - "(I) A Member of the ,Council shall 'be r'et'noved from offi_ce:by the President, Commander~in-Chief o( ,the A111')ect }tiiice~ v subject to confirmation -by simple· majority' of the Senate,' ~. . if ) . ~- ' (a) becomes of unsound mind; (b) becomes bankrupt or makes a compro,nise with his · creditors; (c) is convicted of a fel~my or any offence involving 'i dishonesty; or (d) is gui lt>' of serious miscqnduct, iil r~l.ation to his duties''; · i:.'' ' . i i (b) deleting subsection (2); and (c) renumeering the section . approprfately.· } . - ' . ·,i, Amendment of

6. Section 5 of the Principa! Act is amended by- '..*cfion5 (a) substituting for paragraphs (a).,(d),(e),(g) and (h) new paragraphs "(a)", "(d)", "(e)", " (g)" and "(h)" - "(a) deal with all matters retat~ng \to th~;-pr.qmotioD c1nd ~ protection of human rights .guarante_ed b,y. the. Constitution i- of .tl~e .Federal Republil~; of Nigeria, the ·unitd:l·~,iqiu~is•'j Chaite1~ and the.· Univetsal Decl.aration. Oli Ht1rn~;1· Rights, ' ~ • 1' ' the International Convention on··Civi I and0 PC5litfoal & ights. . • - • ~ ' '," • I ' •·,~· • -..,,,. ' • the lnternationcal Convention on t11e Elimination of all cfor.ms-- ·o f Racial Discrimination, the lntemationaJ Conv~ntiq,ri 01) . £conomic; Social and Cu ltural Rights. the con.Jent1bi1··611 . the Elimination of all forms of _Discrim in~tion A.-gai!1St Women, the Internati0nai . Convention . on . th·e/E!irninafiori . '-' of ~ ,all forms of Racial Discrimrnarion, the Cony~ntion on the · Rights of the Child, the ,.A'frican .Cha'.i1e~'.,· on lcluf.nlc!t.r and ,,, " peoples' Rights and. other i,nt; ;,µ.ation-al and regfol1a!",. .. instnln"ients on huma11 l"i ghts ro i.vh19h Nigeria is a·par(y; (d) undertake stud ies on all matters pertaining to human rights and assist the Federal, State and. Local Goverqmei1ts where it considers it appropTiate to d.o _so in,,.the formulation- of appropriate policies .Ori the wacann~e,or'.:human .rights;: · ,; ½ ; ·' '<:' (e) publish and submit, from tiir.ie t.o till)e, t9 the President, r-!ational Assembly, ]\Jgiciary> .· £tat~ and . Loqil Governments, reports on :the. state_ of human rig,!1ts promot'ion and. protection in Nigeria; ,· (g) liaise and cooperate, ln such manner as it . considers . approprtafo. \Vith local ®d international organisations on human rights with the p(Irpose of hdvanci'ng the -P,rornotion and protection of human i:ights; (h) partic:ipate i n s~ch mannl'r as it c::oosid~rs ·appropriate _in all int~i:national . .~.: ' ;,activities .Jelating to, the prom◊tiqp ,' · ~11d ' ,.: J· ·- · ----'---'--- ----------'----.....,...;;.i<.:i.;'~. ·- -~~.-. ·.J..../ .-:~:·....,,.,i,.._~, ..~• protection of human rights''; Cb) inserting imrri:~diately aftei: paragraph. {i) new. ' ~ ' ~ara.gr~iphs,; "(iY'-'~(r) . ; . ' ' ,. ·'O) receive aud -investigate-complaints concerning violations-of Human rights and mak.e .~ppropriate determin~tlo11 .·a~ may :· be deemed necessary in each circumstance: '· (k) examii1e . any existing legislation, adm1nistratfy,~ prov.is.i\)ifa and proposed bi lls or bye-laws for thi- purpose . bf' ascertaining whether s1,1,ch enactments. or pr6posedf·h]lls or bye-laws are eonsistent.with human rights. n.orms,; . • ,;· + .~ ' . • ,. • (I) prepare and publish, in such manner as.Jh'e Commission considers approprfate, guidelines for the-avoidance. of,.acts. or practices wirh respect to the functions and powers ·ot; th~ Commission under this Act; (m) promote an understanding of public discussions. of hllrnan . rights issues in Nigeria; :(n) undertake research a·no -educational programmel? and such · other programmes for promoting and protecting hm11·a11 rights and co-ord inate ~ny such programme 00 belialf of the · Federal, State or Local Governments on it~ 01,,vn initiative when so requested by the Federal, State or-Local Government and report -concerning ,the · enactment of legislation on matters relating to hu1~1a11 r,ights; 1 • (o) on its'own initiative or when r~9u~sted brthe Federal, .S:tate·~- 01' Local Ooyernment, rep9r~ ,ari,,.;:act!-o ns that sho1,1-ld _-bei .~· taken by·the Federal. State or Local Government Gomply to "':'ith the provision·s of ai1y relevant ·intematioria! hurnan rights instruments; (p), refer. any matter of human ri_ghts vi0lati6n requ1r111g prosecution to the AttotA,ey-General ofth~ Federation or of a State, as the case maYbe; . , (tj)where it aonsidet·s it appr(?priate to do:so. act,,as-a conciliato_r -bet\.V.een parties to a CQlnp,lainr; . ._:;;V"-'t.' ~• ...~• ,I_ :~ (r) ,where it consjders it-appropriate, with the leave of'the-~6'lu~ hearing the proceedings and subject to any condition imposed· by the co_urt, intervene 111 any proc~ding that involves hw11an rights jssuf';,and ,· (c) rent.im!Jering the existing paragraph (i) as par:.igraph·(s,) , . ',

7. Section 6 of the Principal Act is substituted fo1'. a n'ei,w 1,~ctj -;. t • • , ' • ,. . . ::_.,, - ;-- -:~-- · · "6": . ' ' ' ;,;?·; "Poweri; of the 6.( I) The Commission shall have power to - Commission ··;.;.,_:_ (a) condµct its · inv.estig'1tt0ns and it1.~p.tiHes in . si..1q)1 rnanne1~as it considers appropt'iate;·,;,~_,, y,, , • " -~'; ~-1 -' t. (b) institute any civil action on any matt~r it deems fa in relation to the exercise of its functrons .undel' this Act; . ·L (c) appoint any person, ivhether or not'sl!ch person is in · the public service, to. act 11s ·an interpreter in a1iy matter brougbt befo)'e' it ·,Wid to t1:a:tisl.ate:.any s:u.ch book,;paper or writi'rig produced to it; · 4 ·· 0 (d) visit persons, police cel ls_ and ·other places of detention in order to ascertain the conditio11s thel'.eof and make recomm,endatiqn,s ro · the . appropriate authori"ties; (e) make determination as to t_he datnag~s· oi: · compensation payaole iri relation : to any- v i olation. of h{1man rights,,where it deems this ne,~es~a?f,/in '- '.'-·. .· .' • f'·· . 4 ~- t' ' the ci-rcumstances -ofthe-.e:as~; . __:r · ' ' (t) co-operate with and consult with other agencies and orgai'l-izations. governm.ental and nbn- government-~Jr as_it may d~em appp.opriat.~ ,and. , , ' < :• • •; ; ~ . _f..:t j/. ,';:. I ·\~, (g} do SlH<h othes thln,gs as are inci.dent~I, ne'cesS:ary, conducive or expedient for the· perforri1ance of its funt:tioris un<:ler this Act '' (2) Whenever it appeal's to the Chairman upon inforn1ation and after such inquiry as he shall think necessary, that there is reasonable cause to suspect that in any place there is a evidence of the commission of any offence under this Act, he may by written order direct an officer of the Commission to obtain a comt order to - (a) enter upon any land or premises o r by any agent or agents duly authorized in writing for any purpose which, in the opinion of the Council is material to the functions of the Commission, and in particu lar, for the purpose of obtaining evidence or information or of inspecting or taking copies of any document required by, or which may be of assistance to, the Commission and for safeguarding any such document or property which in the opinion of the Council ought to be safeguarded for any purpose of ics investigations or proceedings; (b) summon and interrogate any person, body or authority to appear before it for the purpose of a public inquiry aimed at the resolution of a complaint of hurnan rights violation; ( c) issue a warrant to compel the attendance of any person who, after having been summoned to attend, fails, refuses or neglects to do so and does not excuse such failure, refusal or neglect to the satisfaction of the Commission; (d) compel any person, body or authodty who, in its opinion, has any information relating to any matter Linder its investigation to. furni s h it with any information or produce any document or other evidence which is in his or her custody and which relates to any matter being investigated; and (e) compel the attendance of witnesses to produce evidence before it. (3) In exercising its functions and powers under this Act, the Commission shall not be subject to the direction or control of - - --··- ----- - - any other authority or person. (4) It is an offence for any person, body or authority to - (a) 1·efuse to provide evidence, including documentary . evidence, to the Commission in response to a written request to do so; (b) obstruct or do anything to prevent any member of the Council or an employee of the Commission from the lawful exercise of any of the functions conferred on the Commission by this Act; (c) punish, intimidate, harass or discriminate against any person for co-operating with the Commission in the exercise of its functions under this Act; or (d) refuse to comply with lawful directives, determination, • decision or finding of the commission . (5) A person who commits an offence under subsection (4) of this section is liable on conviction to imprisonment for a term of 6 months or to a fine of N I 00, 000.00 or to both such imprisonment and fine.'' Amendment of

8. Section 7( I) of the Principal Act is amended by substituting for a new sect ion 7 section "7( I r· - '·(l) There shall be for the Commission an Executive Secretary who shall be - (a) a legal practitio11er with not less than 20 years post qualification experience and requisite experience in human rights issues; (b) a person of proven integrity and be the Chief Executive and Accounting Officer of the Commission; (c) appointed by the President subject to confirmation by the Senate," .. Section IOof the Principal Act is substituted for a new section "I O" - Substitution for 9. sec:ion 10 - condition I0. The Council shall determine the conditions of service, of service including salaries, pensions and gratuities as are appropriate for its em pi oyees." Amendment nf

10. Section 12 of the Principal Act is amended by - Section 12 (a) inserting a new subsection "(2)"- "(2) The Fund of the Commission shall be a charge on the Consolidated Revenue Fund of the Federation.''; and (b) renumbering tile subsection (2) as subsection (3). S~t,stitu,ion for

11. Section 14 of the Principal Act is substituted for a new section '·14"- section 14 •·0orrowing 14( I) The Commission may borrow by way of loan or overdrafts powers. 0 • 0 · from any source such specific amount as may be required by the Commission for meeting its obligations and discharging its functions under this Act. (2) The Commission, may subject to this Act and the conditions of any trust created in respect of any property, invest all or any of its funds. (3) The Commission may, from time to t ime, invest any surplus funds of the Commission in securities prescribed by the Trustee Investments Act or such other securities. Cnp. T 22 t.FN, 2004 (4) Subject to the provisions of the Land Use Act, the Cap. LS LFN. 2004 Commission may acquire or lease any land required for its purpose under this Act." lt,sc:-rticu, of a rte\v

12. ( l) Insert, immediately after the existing section 14 of the Principal section 15. Act, a new section "15'' - ·B1abhshmen1 l 5. There is established the Human Rights Fund (in this Act of the Fund of referred to as ·'the Fund") which shall be applied by the lhe Commlss.ion Commission towards - (a) the conduct of research on human ri ghts issues; and (b) the facilitation of human rights activities of the . Commission in collaboration with other human rights non-governmental organizations, civil society organ izations and other stakeholders. (2) There shall be paid and credited to the Fund established pursuant to subsection ( I) of this section - (a) such sums as may be provided by the Federal, State or local Government for purposes of the Fund; (b) such contributions from national and multi-national. public and private companies and institutions carrying on business in Nigeria.." (3) Such contributions made of the Fund under subsection (2)(6) of this section shall be tax deductable." (2) Renumber the existing section 15 of the Principal Act as new section 16. Amendment of

13. Section 16 of the Principal Act as renumbered is amended by deleting sec1ion 16. the words, ''through the Attorney- General of the Federation". Subsutuuon for

14. Section 17 of the Principal Act as renumbered is substituted for a new section 17. section "l 7"- r,r.,,1 l 7. The Commission shall, not later than 6 months after the end of each year, submit to the President and the National Assembly, a report on the activities of the Commission and its administration during the immediate preceding year and shaf I include in the report the audited accounts of the Commission and the auditor's comments thereon.''

15. Insert immediately after the new section 17 of the Principal Act a new lns~rtion of a n~w s~ction 18_ section '· I8''- .. Lim1ta1ion 18. Subject to the provisions of this Act, the provisions of the of suit Cap. P41 LFN. egainsl the Public Officers Protection Act shall apply in relation to 2004 Commission any suit instituted against any member of the Council, officer or employee of the Commission. (2) No suit shall lie or be instituted in any court against any member of the Council, the Executive Secretary or any officer or employee of the Commission for an act done in pursuance or execution of this Act or any other law or enacb11ent, or of any public duty or authority or in respect of any alleged neglect or default in the execution of this Act or such law or enactment, duty or authority unless - (a) it is commenced within 3 months next after the act, neglect or default complained of; or (b) in tbe case of a continuation of damage or injury, within 6 months next after the ceasing thereof. (3)No suit shall be commenced against any member of the Council, the Executive Sect·etary, officer or employee of the Commission before the expiration of a period of one month after written notice of intention to commence the suit shall have been served upon the Comm ission by rhe intending plaintiff or his agent. (4) The notice referred to in subsection (3) of this section shall clearly state - (a) the cause of action; (b) the particulars of claim; (c) the name and place of abode of the intending plainti ft; and (d) the relief which he claims. Insertion of 3 ne,,· 16. [nsert immediately after the new section 18 of the Principal Act, a $ection 19. new section '' 19" - ··Service or 19. A notice, summons or other document required or document authotized to be served upon the Commission under the provisions of this Act or any other !aw or enactment may be served by delivering it to the Executive Secretary or by sending it by registered post and addressed to the Executive Secretary at the principal office of the Comm ission".

17. Insert immediately after the new section 19 of the Principal Act, a new lnser1io11 ol' a new section ''20" - seclion 20 .. Restnc lion. 20. Any sum of money which may by the judgment ,,r ex~ulfon of any court be awarded against the Commission ugamst shall be paid from the general reserve fund of the property of tl,e Commission subject to any direction given by the Commissit)n court".

18. Insert immediately after the new section 20 of the Principal Act, a new lns:<~rtion of a 11cw section "2 I " - section 21 "Indemnity 2 l. A member of the Council, the Executive of utlk t"n-: Secretary, any officer or employee of the Commission shall be indemnified out of the assets of the Commission aga inst any proceedings, whether civi l or criminal, in which judgment is given in favou r of another or in which he is acquitted, if any such proceeding is brought against him in his capacity as a member of the Counc_il, the Executive Secretary, officer or employee of the Commission provided that he acted in good faith".

19. Insert immediately after the new section 21 of the Principal Act, a new lnsen.ion of a new section "22" - section 22

22. (l) An award or recommendation made by the - Recognitfonand Commission shall be recognized as binding and enforcemenr of awardsand subject to this section and, this Act, shall, upon recommenda1io11s application in writing to the court, be enforced by the court. (2) Jn this section, "cou11" means the Federal High Court or the High Court of the Federal Capital Territory, Abuja or the High Cou1t of a State''.

20. The existing section 18 of the Principal Act is substituted for a new Substitution the existing for section ''23" - section IS of lhe principal Ml "Regulutions 23. The Commission may make such regulations as it deems necessary or expedient. to give effect to the provisions of this Act". Amend1ne111 of 2l. The Schedule to the Principal Act is arnended- Sched"lo (a) in paragraph I(2), by substituting fol' a new paragraph " l (2)" - ·' I(2) The quorum of the Council shall be 6 members, excluding the ex-officio members but including the Chairman or, in his absence, the person elected under paragraph 2(2) of this Schedule to preside and 5 other members, and the quorum of any Committee of the Council shall be determined by the Council'': and ( b) in paragraph 2(4), by substitutrng for a new paragraph "2(4)" - "2(4) The quorum at any meeting of the Council shall be 6 excluding tbe ex~officio members"

22. This Act may be cited as the National Human Rights Commission Citmion (Amendment) Act, 20 l 0. , l CERTIFY, IN ACCORDANCE WITH SECTION 2 (1) OF THE ACTS AUTHENTICATION ACT, CAP. A2, LAWS OF THE FEDERATION OF NIGERIA 2004, THAT THIS IS A TRUE COPY OF THE BILL PASSED BY BOTH HOUSES OF THE NATIONAL ASSEMBLY. ~ SALISU ABUBAKAR MAIKASUvVA, mni CLERK T9rTHE NATIONAL ASSE:MBLY Ji DAY OF FEBRUARY, 2011 Schedule to the National Human Rights Cominission (Amendment) Billt 2010 (1) (2) (3) (4) (5) SHORT TTI'LE OF LONG TITLE OF THE SUMMARY OF THE DATE PASSED DATE PASSED THE BILL BILL CONTENTS OF TBE BY THE SENATE HY THE HOUSE OF BILL REPRESENTATIVES National Hum au An Act to amend the National Human Rights This Bill amends the National Buman Rights Act 9111 December, 2010 16 111 December,2010 Commission Act Cap. N46, Laws of the Cap. N46 Laws of !he Federation of Nigeria, 2004 Rights Federation of Nigeria, 2004, to provide for, to provide for, among other thin,gs - among other things, the independence in the Commission conduct of the affairs of the Commission, the (a) independence in the conduct of die affairs of the Commission; (Amendment) funds of the Commission lo be a direct ch.1rge on the Consolidated Reve11\le Fund of the (b) t.lte funds of the Commission to be a Bill, 2010 Federation, estahfisho1ent of tl1e Human Rights direct charge on the Consolidated Fund and recognition of and enforcement of the llevenue Fund of the Federation; awards and recommendations of the Commission as decisions of the High Court and; for related (c) the establishment of the Human Right5 matters. Fund; and (d) the recognition aud enforcement of the awards and recommendations of the Commission as decisions of the High Court. I certify that this Bill has been carefully compared by me with the decision reached by the National Assembly and found by me to be true and correct decision of the Houses and is in accordance with the provisions of the Acts Authentication Act Cap. A2, Laws of the Federation ofNigeria, 2004. ~~ SALISU ABUBA.KAR MAJKASUWA, mni Cler~lo the N"lltiona] Assembly ·)--i Day of Febru~ry, 2011 IASSENT. DR.GO~ONATHAN,GCFR Prcside~t of the Federal Republic of Nigeria 0 c~ay ofFl"b-;·uary, 201 1