Government agencies express fear over powers granted NHRC

Started by MrVan, Oct 08, 2012, 10:30 AM

MrVan

By SONI DANIEL, ASSISTANT EDITOR

ABUJA—Enormous powers granted the National Human Rights Commission, NHRC, by the Federal Government, are now a subject of fear to most government agencies and departments with human rights abuse records, Vanguard investigation has indicated.

Many of the agencies, it was learnt, are afraid that the Presidency had been stampeded by human rights groups to empower the NHRC with so much power that could make the commission to be too powerful to control.

It was learnt that the MDAs were uncomfortable with what some of them describe as 'new unlimited powers' being given the NHRC by the new Act signed into law by the President recently.

A top government functionary, who is familiar with the new powers vested on the agency, pointed to the stoppage of the move by the Federal Capital Territory Administration, FCTA, from the demolition of Mpape slum by the NHRC.

The source said: "We are certain the human rights commission is likely to descend on more institutions and individuals in government given the new unrestricted powers at its disposal.

"It must have been emboldened by its recent fight to stall the demolition of the Mpape shanty by the FCTA."

The source, who works in one of the parastatals, expressed the fear that the wide powers granted the NHRC could be abused if not curtailed by the government.

Abuse of powers

Under the new Act, which President Goodluck Jonathan recently assented to, the NHRC has been granted full autonomy by the Federal Government, as is the case with similar institutions in other countries of the world.

The Act empowers the commission to draw its revenue directly from the Consolidated Revenue Fund and will no longer take orders from any other arm of government.

But the NHRC has dismissed the fear by some MDAs over its powers as unnecessary, pointing out that the powers were intended to strengthen the administration of justice and not to trample on the very people and institutions it was meant to protect.

Administration of justice

The Director of NHRC's Public Affairs and Communication, Muhammad Ladan, told Vanguard in an interview yesterday that the commission's power would never be used against the interest of Nigerians.

According to Ladan, the commission sought the amendment of its 2004 Establishment Act principally to be able to protect the rights of the Nigerian people and could therefore not turn round to work against their interest.

Section 6 (2) of the new Act, which Vanguard sighted last night states: "Whenever it appears to the chairman of the NHRC upon information and after such inquiry as he shall think necessary, that there is a reasonable cause to suspect that in any place there is an evidence of the commission of any offence, he may by written order direct an officer of the commission to obtain a court order to enter into the premises to obtain evidence for prosecution.

"The commission can summon and interrogate any person, body or authority to appear before it for the purpose of a public enquiry aimed at the resolution of the complaint of human rights violation.

"The commission can compel any person, body or authority who, in its opinion, has any information relating to any matter under its investigation to furnish it with any information or produce any document or other evidence which is in his or her custody and which evidence relates to any matter being investigated.

It is an offence for anyone to 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 the law.

Vanguard Nigeria

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