By Kolawole Oluwadare
A broad coalition of 24 Nigerian and international civil society organisations, including the 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; and other groups has called on the Federal Government of Nigeria to urgently take steps to grant Nigerians direct access to the African Court on Human and Peoples’ Rights.
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); Dataphyte Foundation; DIGICIVIC Initiative; Duty Solicitors Network; Social Action; Paradigm Leadership Support Initiative (PLSI); Center for Public Interest Law (CEPIL); CRADESC; the Institute for Human Rights and Development in Africa (IHRDA); the African Centre for Media and Information Literacy (AFRICMIL); and Falana and Falana Chambers.
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 Mr Lateef Fagbemi, SAN, the Attorney General of the Federation and Minister of Justice.
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. It would also enhance state accountability and improve oversight of powerful non-state actors, including technology companies.”
The organisations noted that several African Union member states—such as Ghana, Malawi, Mali, Burkina Faso, Guinea-Bissau, and Niger—have already made the Article 34(6) declaration, and urged President Tinubu and his government to demonstrate leadership by doing the same.
“As one of Africa’s leading democracies, Nigeria must show moral and political leadership by fully subscribing to the jurisdiction of the African Court,” the statement added. “Doing so would strengthen Africa’s human rights architecture at a time when the global rules-based system is under increasing strain.”
The coalition called on President Tinubu and his government to immediately make and deposit the Article 34(6) declaration and to engage with civil society and other stakeholders on the legal and administrative steps required to operationalise the declaration domestically.
The organisations expressed their readiness to work constructively with the government to advance access to justice and effective remedies and reinforce Nigeria’s leadership in promoting human rights across Africa.
