TheCable

Femi Falana, human rights lawyer,  has filed a suit against the federal government over its refusal to acknowledge the jurisdiction of the African Court on Human and Peoples’ Rights.

In the suit filed before the federal high court in Abuja, Falana sought an order directing the government to accept the competence of the court, situated in Arusha, Tanzania, to hear cases presented by Nigerians.

The African court was established by the African Union (AU) for the promotion of human rights and to give judicial reliefs to victims of rights abuse in Africa.

Nigeria is among the 30 member states of the AU that have ratified the protocol establishing the court.

Nigeria also has a representative on the bench of the court.

The nationals of nine member states of the AU–Algeria, Benin, Burkina Faso, Cote D’voire, Ghana, Gambia, Mali, Malawi, and Tanzania have accepted the competence of the court pursuant to article 34 (6) of the protocol establishing it.

Among the reliefs sought by the senior advocate of Nigeria (SAN) is that “the failure or refusal of the Federal Government to make a Declaration accepting the competence of the African Court on Human and Peoples Rights is illegal as it violates section 1 of the African Charter on Human and Peoples Rights Act (Cap A9) Laws of the Federation of Nigeria 2004.”

He also asked the court to declare as illegal and unconstitutional, the failure of the government to accept the African court’s prerogative.

He further sought that the court issues an order directing the federal government to make a declaration accepting the competence of the African court.

Falana said the failure of the government to recognise the court has denied him – one of those who campaigned for the establishment of the court — access to the court and violated his right to fair hearing.

He said: “Since the Federal Government has no legal justification for not making the Declaration accepting the competence of the African Court we submit that this Honourable Court has the legal duty to compel the Federal Government to deposit the Declaration at the registry of the African Court with a view to empowering the Applicant and other Nigerian citizens to secure the enforcement of their human rights in the African Court on Human and Peoples’ Rights.”