Towards Effective Recognition and Enforcement of Awards by the Nigerian National Human Rights Commission in Human Rights Cases

Abstract

Protection of human rights is a universal phenomenon. Many national and international laws, conventions, and other instruments on human rights are handy in the protection of such rights. Unfortunately, much as the protection of human rights is internationally recognised, the practice and procedure for the enforcement of such rights have been a serious cause of concern in human rights cases. The aim of this paper, therefore, was to examine issues in litigating human rights cases vis-à-vis recognition and enforcement of awards made by the National Human Rights Commission in human rights cases. The specific objectives of the paper were to examine the jurisdiction of courts in the enforcement of violation of human rights; recognise the various inalienable fundamental human rights in Nigeria; and identify the powers and functions of the National Human Rights Commission of Nigeria with regard to human rights cases. The paper adopted a doctrinal method with an examination of relevant statutory provisions and case law. It has been found that there are conflicting decisions of superior courts of record regarding the jurisdiction of courts in human rights cases, and this has an adverse effect on the principle of judicial precedent. It was also found that the amendment to the National Human Rights Commission Act has engendered recognition and enforcement of human rights cases by the National Human Rights Commission. The paper recommended that in making awards by the Commission, the requirements of a valid award must be strictly adhered to so as to prevent or minimise a challenge to the validity of the award. It was also recommended that the general public should be sensitised and enlightened through periodic seminars, workshops, conferences, and media of the opportunity provided by the National Human Rights Commission Act to ventilate their grievances.