NHRC urges justice-led approach to insecurity in Africa

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The National Human Rights Commission (NHRC) has urged African governments to move away from military-first responses to insecurity and adopt a justice-driven approach that tackles the root causes of conflict and economic instability.

The Commission made the call in a paper presented at the 2026 African Bar Association Conference in Cape Verde, themed “Resilient Africa’s Roadmap for Sustainable Development.”

The paper, “Legal Mechanisms to Ensure Access to Justice in Regions Affected by Security Threats,” draws on the North-East insurgency and the Benue farmer-herder crisis as case studies.

It identifies four major legal and institutional gaps: socio-economic rights that cannot be enforced in court under Section 6(6)(c) of the 1999 Constitution; the non-binding nature of African Commission decisions; restricted access to the African Court under Article 34(6); and the punitive focus of the Terrorism Act 2022.

The paper links terrorism and rural conflicts to poverty, marginalisation, weak governance and a 28.8 per cent youth unemployment rate.

NHRC data cited in it recorded 530 cases of denied food and shelter, 195 cases of gender-based violence and 324 barriers to education, along with 1,850 internally displaced persons in Benue alone.

On its interventions, the Commission cited its monitoring of the 2024 Kainji terrorism trials, where it observed lapses in due process.

It also pointed to its Transitional Justice Programme in Borno, Adamawa and Yobe, run with EU and UNDP support. Under the programme, it has resolved 372 cases, referred 1,157 and held 331 outreaches in IDP camps.

On the SIIP North-East investigation, the paper stated that no evidence was found of a systematic abortion of 10,000 pregnancies. It confirmed, however, the military attack on Abisari community on 18 June 2016, in which 18 people were killed, and recommended compensation for victims and prosecution of those responsible.

It also referenced two ECOWAS Court judgments, in suits ECW/CCJ/APP/11/16 and ECW/CCJ/APP/16/18, which ordered Nigeria to investigate the Benue killings and provide redress to victims.

To close the justice gap, the Commission proposed a four-pillar model: enforceable socio-economic rights, specialised mobile Conflict Resolution Courts, recognition of alternative dispute resolution and traditional mechanisms, and a National Dignity Fund for reparations.

It recommended constitutional amendment, the establishment of special courts, ratification of the African Court declaration, and implementation of the ECOWAS and SIIP decisions.

The Commission stressed that resilient development is impossible without resilient legal institutions.

The statement was signed by Fatimah Agwai Mohammed, Director, Corporate Affairs and External Linkages.

 

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