President Bola Tinubu on Saturday congratulated Justice Stella Anukam on her re-election as Judge of the African Court on Human and Peoples’ Rights for another term of six years.
The Alliance on Surviving Covid-19 and Beyond (ASCAB) has called on the Nigerian government to allow Nigerian victims of human rights abuses in other African countries to access the African Court on Human and Peoples’ Rights.
President Bola Tinubu on Saturday congratulated Justice Stella Anukam on her re-election as Judge of the African Court on Human and Peoples’ Rights for another term of six years.
Justice Anukam was re-elected at the African Union Mid-Year Coordination Meeting Executive Council in Accra, Ghana, on Friday.
The Nigerian previously served as Director of Special Programmes at the Nigerian Institute of Advanced Legal Studies in Abuja, and as Director of the International and Comparative Law Department of the Federal Ministry of Justice.
President Tinubu commended Justice Anukam for her contributions to the development of human rights jurisprudence on the continent and enjoins her to continue to bring her invaluable knowledge and insights to the African Court.
However, the ASCAB Chair, Mr Femi Falana (SAN) in a statement on Sunday noted that Nigerian citizens cannot access the court to seek justice for the violation of their rights in other African countries.
He said, “However, it is pertinent to point out that Nigerian citizens whose human rights are violated in the member states of the African Union cannot access the African Court for legal redress due to the refusal of the Federal Government to make the Declaration prescribed by Article 34 (6) of the Protocol for the Establishment of the African Court.
“The African Court shall not receive any petition under article 5(3) of the Protocol which stipulates that relevant Non-Governmental Organizations (NGOs) with observer status before the Commission and individuals are empowered to institute cases directly before the Court in accordance with article 34(6) of this Protocol.
“The few member states of the African Union that have made the Declaration are Burkina Faso, Gambia, Ghana, Guinea-Bissau, Mali, Malawi, Niger and Tunisia.
“Therefore, in addition to the congratulatory message extended to Judge Anukam by President Tinubu, the Federal Government should proceed to make the Declaration prescribed by article 36(4) of the Protocol to enable Nigerian citizens whose human rights are violated in other African countries and the family members of those who are killed to seek legal redress in the African Court.”
Falana noted that the African Court on Human and Peoples’ Rights is a continental tribunal established by member states of the African Union to ensure protection of human and peoples’ rights in Africa.
The African court is composed of 11 judges nominated by member states of the AU and elected by the AU assembly of heads of state and government. The African Court complements the functions of the African Commission on Human and Peoples’ Rights.
He said, “As a leading member state of the African Union, Nigeria ratified the African Charter on Human and Peoples Rights in 1986.
“Nigeria domesticated the Charter via the African Court on Human and Peoples Rights (Ratification and Enforcement) Act Cap A9, Laws of the Federation of Nigeria, 2004.
“In addition, Nigeria is a state party to the Protocol establishing the African Court, having ratified it in 2004.”
Falana further noted that Anukam's reappointment came on the heels of the appointment of another Nigerian, Mrs Abiola Idowu-Ojo as the Executive Secretary at the African Commission on Human and Peoples’ Rights (African Commission) on June 25, 2024.
Before her appointment, she had served as the Commission’s Acting Executive Secretary since August 2023.