Dare Babalola
A coalition of 24 Nigerian and international civil society organisations has called on President Bola Tinubu’s government to grant Nigerians direct access to the African Court on Human and Peoples’ Rights, describing the move as urgent and long overdue.
The groups urged the Nigerian authorities to make and deposit the declaration under Article 34(6) of the Protocol Establishing the African Court. This declaration would allow individuals and eligible non-governmental organisations to approach the Court directly after exhausting domestic legal remedies.
The call follows a formal letter sent to the Attorney General and Minister of Justice, Lateef Fagbemi (SAN), pressing the government to take immediate steps to fulfil this human rights obligation.
Although Nigeria ratified the Protocol in 2004, it has not yet made the optional Article 34(6) declaration. Civil society organisations say this omission continues to deny victims of human rights violations a vital regional mechanism for justice.
Nigeria is a longstanding member of the African Union and ratified the African Charter on Human and Peoples’ Rights in 1983. The country is represented on the African Court, with Justice Stella Isibhakhomen Anukam currently serving as a judge following her re-election in July 2024. Justice Anukam has repeatedly highlighted the importance of Nigeria making the Article 34(6) declaration.
During its 62nd Ordinary Session in May 2018, the African Commission on Human and Peoples’ Rights recommended that Nigeria expedite the declaration to enable direct access for individuals and NGOs in cases involving alleged human rights violations.
Civil society organisations say making the declaration would significantly strengthen protection of rights guaranteed under the African Charter, including freedom of expression, association, peaceful assembly, digital rights, access to natural resources, and people-centred safety and security. It would also enhance state accountability and improve oversight of powerful non-state actors, including technology companies.
Several African Union member states—including Ghana, Malawi, Mali, Burkina Faso, Guinea-Bissau, and Niger—have already made the Article 34(6) declaration, allowing their citizens direct access to the Court.
Civil society groups emphasised that Nigeria, as one of Africa’s leading democracies, should demonstrate moral and political leadership by fully subscribing to the jurisdiction of the African Court, strengthening the continent’s human rights architecture at a time of global challenges.
The coalition called on the Tinubu administration to act immediately, engage civil society organisations and other stakeholders, and implement the necessary legal and administrative measures to operationalise the declaration domestically. They also expressed readiness to work constructively with the government to advance access to justice and reinforce Nigeria’s leadership in promoting human rights across Africa.
Members of the coalition include SERAP, Amnesty International Nigeria, BudgIT, Accountability Lab Nigeria, CJID, CISLAC/Transparency International Nigeria, Enough is Enough Nigeria, Paradigm Initiative, Spaces for Change, Wole Soyinka Centre for Investigative Journalism, Global Rights, and several others.
