From Godwin Tsa, Abuja
TWELVE years after it received the Stephen Oronsaye Report, the Federal Government, on Monday, approved the implementation of some of its recommendations to reduce the cost of governance.
At the end of the weekly federal executive council (FEC) meeting presided over by President Bola Tinubu Iast week, it was resolved that the Oronsaye report should be implemented to “enhance efficiency in the federal service, and reduce the cost of governance”.
Consequently, 29 government agencies will be merged even as eight parastatals will be subsumed into eight other agencies.
Based on the above, the Public Complainant Commission (PCC) is to be subsumed into the National Human Rights Commission(NHRC).
NHRC
The National Human Rights Commission (NHRC), was born during the Military Regime of General Sani Abacha when the human rights situation in Nigeria could be described as distressing. In October 1995, in reaction to international and local pressures, particularly that of the UN, the Abacha regime quickly established the National Human Rights Commission
(NHRC) through Decree No. 22 of October 6, 1995.
The Governing Council of the Commission was inaugurated eight months later, on June 17, 1996. The establishment of the Commission at that time was described by renowned critics, including Chief Gani Fawehinmi (SAN) as a “toothless bulldog set up to serve the interest of its master”.
The Commission on its establishment, had no office of its own and no budget, and therefore, started skeletal operations from the 2 rooms office at the premises of the National Assembly in 1996, assisted by a few ‘borrowed’ NASS staff.
The first set of substantive staff was employed in 1997, after a 3-day interview in July 1997, by the Governing Council. On December 10, 1997, International Human Rights
Day, the Commission’s rented office, situated at Plot 800, Blantyre Street, Wuse
2, Abuja was commissioned.
The Governing Council went on to establish six offices in the six geopolitical zones of Nigeria. In 1998, the Commission established the first two zonal offices at Lagos and Kano. This was followed in 1999 by the establishment of zonal offices in Port-Harcourt, Enugu, Jos, and Maiduguri.
Functions and powers of the commission in the 1995 decree.
Functions
The functions of the Commission as contained in the Law are as follows:
“Deal with all matters relating to the protection of human rights as guaranteed by the Constitution of the Federal Republic of Nigeria, the African Charter on Human
and people’s rights, the United Nations Charter on Human Rights, the Universal Declaration on Human Rights, and other International treaties on human rights to which Nigeria is a signatory.
Also, monitor and investigate all alleged cases of human rights violations in Nigeria and make appropriate recommendations to the Federal Government for the prosecution and such other actions, as it may deem expedient in each circumstance.
It is to assist victims of Human rights violations and seek appropriate redress and remedies on their behalf, and to undertake studies on all matters relating to human rights and assist the Federal Government in the formulation of appropriate policies on the guarantee of human rights.
The commission is to publish regularly reports on the state of human rights protection in Nigeria, and organize local and international seminars, workshops, and conferences on human rights issues for public enlightenment.
It is to iaise and cooperate with local and international organizations on human rights to advance the promotion and protection of human rights, and to participate in all international activities relating to the promotion and protection of human rights.
Also, the commission is to maintain a library, collect data, and disseminate information and materials on human rights generally, and carry out all such other functions as are necessary or expedient for the performance of these functions under the Act”.
Powers of the commission
The Commission has powers to: “Do all things which shall by the Act or any other enactment are required or permitted to be done by the Commission; and “do such other things as are necessary or expedient for the performance of its functions under the Act”.
Amendment to the commission’s Act
The Commission’s enabling Act was amended by the National Assembly in 2011, conferring expanded powers on the Commission for efficiency and effectiveness in carrying out its mandate.
The National Human Rights Commission’s Amended Act which expanded
the mandate and powers of the Commission was signed into law by the then
President of the Federal Republic of Nigeria, Dr. Goodluck Ebele Jonathan in 2011.
Limited Funding/ Challenges
With a limited annual budget of about N4 billion, the NHRC activities are financially hamstrung and significantly impact its ability to handle a minimum of 2 million complaints per annum.
In addition, the absence of a funded Human Rights fund by the federal, state, or local governments has been a long-standing concern of the commission since 2010.
Lack of transportation for state offices to carry out investigations and inadequate equipment/infrastructure to work with, are few examples of the challenges confronting the commission.
The NHRC currently has 13 departments, 36 state offices, and a staff strength of 900 individuals, with a high weekly resignation of staff.
PCC
The Public Complaints Commission (PCC) is an agency of the Federal government under the Presidency which acts as an Ombudsman that receives complaints of the citizenry against the government or private institutions/organization or their officials and wades in to settle issues.
It was set up in 1975 to ensure accountability and transparency in the way government and its agencies as well as organizations engage with the public and to curb arbitrary use of administrative powers by public officials within and outside government establishments.
The commission was set up through the Public Commission Act, 1975 No 31 and is empowered to widely receive and inquire into complaints by the public as pertains to work-related actions/decisions by government agencies, their officials and private organizations or their officials, and other related matters ancillary to that.
However, matters that are pending before and/or relating to, the National Assembly, the National Councils of State and Ministers, the Armed Forces, and the Police Force under the Army, Navy, Air Force and Police Acts are exempted.
The Act was promulgated by the military administration of General Murtala Mohammed as was advised by the Jerome Udoji panel. The panel gave the advice to ensure that a body exists to check and control the brazen flouting of administrative procedures, government regulation and extant rules.
The Public Complaints Commission Act was adopted into 1999(amended) Nigerian constitution which states in Section 315(5) that “Nothing in this Constitution shall invalidate the enactment of Public Complaints Commission Act, and the provisions of the Act”.
This statutory provision indicates that the Commission bears the responsibility of bridling and correcting all forms of abuse of power which can derail bureaucratic due process and the quality of services offered by government agencies and private organizations.
The PCC has offices in all the 36 States of Nigeria with the headquarters located at No. 25 Aguiyi Ironsi St, Council 900271, Abuja, FCT.