Coalition of 24 Nigerian and international civil society organisations have called on the Federal Government to take steps to grant Nigerians direct access to the African Court on Human and Peoples’ Rights.
The organisations are Socio-Economic Rights and Accountability Project (SERAP); Amnesty International Nigeria; BudgIT; Accountability Lab Nigeria; Centre for Journalism Innovation and Development (CJID); Civil Society Legislative Advocacy Centre (CISLAC)/Transparency International Nigeria; Enough is Enough (EiE) Nigeria.
The other groups are: the Paradigm Initiative; Spaces for Change; the Wole Soyinka Centre for Investigative Journalism; Global Rights; HEDA Resource Centre; CLEEN Foundation; Public and Private Development Centre (PPDC); and Dataphyte Foundation, among others.
In a joint statement addressed to the Federal Government under President Bola Tinubu, the organisations urged the government to make and deposit the declaration under Article 34(6) of the Protocol Establishing the African Court on Human and Peoples’ Rights, which would allow Nigerians and eligible non-governmental organisations to directly approach the court after exhausting domestic remedies.
The joint statement followed the letter the groups sent to the Attorney General of the Federation and Minister of Justice, Mr Lateef Fagbemi (SAN).
Although Nigeria ratified the Protocol establishing the African Court in 2004, it has yet to make the optional declaration required for Nigerians to unlock this access to pursue justice and remedies. According to the groups, this failure continues to deny victims of human rights violations a critical regional avenue for justice.
“Nigeria’s continued refusal to make the Article 34(6) declaration undermines access to justice and effective remedies, as well as weakens accountability, particularly for victims whose cases are stalled, ignored, or inadequately addressed within the domestic legal system,” the organisations said.
Nigeria is a longstanding member of the African Union and the entire African human rights system, having ratified the African Charter on Human and Peoples’ Rights in 1983. The country also has a presence on the African Court, with Justice Stella Isibhakhomen Anukam currently serving as a judge of the court, following her re-election in July 2024. Justice Anukam has repeatedly emphasised the importance of Nigeria making the Article 34(6) declaration.
The coalition also recalled that the African Commission on Human and Peoples’ Rights, during its 62nd Ordinary Session in May 2018, recommended that Nigeria expedite the process of making the declaration to allow Nigerians and NGOs to directly approach the Court in cases of violations of human rights in the country.
According to the groups, making the declaration would significantly strengthen the protection of rights guaranteed under the African Charter, including freedom of expression, association and peaceful assembly, digital rights, access to natural resources, and people-centred safety and security.
