By Gloria Ikibah
The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), has opposed the proposed Human Rights Defenders Protection Bill, as he argued that Nigeria already has sufficient legal frameworks to safeguard human rights.
Fagbemi made the ministry’s position known at a public hearing convened by the House of Representatives Committee on Human Rights on Wednesday in Abuja. 
The hearing considered two separate proposals: the Human Rights Defenders Protection Bill and a Bill seeking to repeal the existing National Human Rights Commission Act and its 2010 amendment in order to enact a new National Human Rights Commission Bill, 2025.
The proposed amendment to the National Human Rights Commission law is designed to strengthen the Commission’s investigative powers, enhance its day-to-day operational capacity and provide sustainable funding for human rights activities in line with the Paris Principles. The Human Rights Defenders Protection Bill, on the other hand, seeks to provide formal legal backing and protection for civil society actors, journalists, lawyers, community leaders, whistleblowers, faith-based actors and other citizens who advocate peacefully for constitutional and internationally recognised rights.
Represented by the Chief State Counsel, Mr Reuben Imarha, the Attorney General maintained that introducing a separate law specifically for human rights defenders would create unnecessary duplication. He argued that additional legislation could lead to institutional overlap and confusion among government agencies already mandated to handle human rights issues.
While acknowledging that gaps exist in the protection of rights across the country, he advised lawmakers to focus on strengthening existing institutions and improving their implementation capacity rather than creating new statutory layers. The ministry, he said, does not support the Human Rights Defenders Protection Bill and urged the House to reconsider the proposal.
However, the Attorney General expressed support for the bill seeking to repeal and re-enact the National Human Rights Commission Act, although he highlighted areas that require review.
He pointed to Clause 5(2b), which proposes making it mandatory for business owners to obtain an annual human rights compliance certificate. Although he recognised that human rights breaches by some business operators remain a concern, he warned that such a provision could undermine ongoing efforts to improve the ease of doing business in Nigeria and should therefore be reconsidered.
He also raised concerns about Clause 15, which would empower the Commission to borrow funds in pursuit of human rights cases. In his view, any borrowing by the Commission should be subject to oversight or approval by the ministry or the National Assembly to guard against potential abuse.
Another contentious provision, Clause 16(2b), proposes that multinationals as well as public and private companies operating in the financial and oil sectors contribute 0.3 per cent of their annual profits to support the Commission’s human rights work. The Attorney General described the measure as akin to a quasi-tax and recommended that it be harmonised with the Federal Government’s ongoing tax reform programme to prevent duplication within the national tax framework.
Earlier at the hearing, Programme Director of Development Dynamics, Jude Ohanele, a non-governmental organisation, urged lawmakers to pass the Human Rights Defenders Protection Bill. He argued that the legislation would strengthen democratic institutions, improve Nigeria’s international human rights standing and enhance transparency and good governance.
According to him, formal protection for human rights defenders would also boost investor confidence by reinforcing rule-of-law assurances and provide lawful channels for the expression of grievances, thereby reducing conflict. He maintained that the bill is not adversarial to the state but rather a reinforcement of constitutional order and responsible governance.
He saig: “We strongly support the bill in its entirety. The Human Rights Defenders Protection Bill, 2024 (HB.1867) is a landmark legislative initiative that reflects Nigeria’s preference for democracy and commitment to constitutional governance.
“We respectfully urge the honourable members of the House of Representatives to give this Bill accelerated consideration and passage in the national interest.
“By passing this Bill, Nigeria will send a powerful message that it stands firmly for justice, accountability, civic participation, and the protection of those who courageously defend the rights and freedoms guaranteed under our Constitution”.
