Courts are not the only way to redress a wrong and obtain a remedy for someone who has suffered harm. Non-judicial mechanisms (also known as administrative mechanisms) also hear complaints or petitions. Such mechanisms are designed to be more easily accessible, quicker, and have less formal procedural requirements than courts. Most importantly, anyone can submit a complaint or petition and can do so without a lawyer. Thus, these mechanisms present opportunities for paralegals to obtain remedy for their clients.
Most non-judicial or administrative mechanisms are created bythe government, and have establishing laws that identify theirpowers, e.g., to receive complaints, to investigate, adjudicateor decide, and to give remedies.
Each mechanism also has itsown mandate and procedures, which determine the type ofremedy or redress that each mechanism can deliver. Of course,some mechanisms struggle to fulfil their mandates because oflack of funding, political independence, or capacity.
This section discusses the mandates and procedures of six nonjudicial mechanisms established by the Federal Government ofNigeria which are:
- National Human Rights Commission
- Public Complaints Commission
- Police Services Commission
- National Committee on Torture
- Consumer Protection Council
- Citizens’ Rights Department of the Ministry of Justice
These are offered as examples of the most prominent nation-widemechanisms available, but paralegals should always check for othersuch mechanisms that might help clients at either the federal orstate level, including committees within state legislatures.
NATIONAL HUMAN RIGHTS COMMISSION
The National Human Rights Commission (NHRC) was establishedby the NHRC Act of 1995, and granted more powers under theNHRC (Amendment) Act of 2010. The NHRC is an independentbody that serves as an extra-judicial mechanism for the promotion,protection, and enforcement of human rights in Nigeria. TheNHRC’s mandate is expansive, including “public enlightenment andeducation, investigation of complaints, mediation and conciliation,conflict resolution, peace building, research advocacy and trainingprogrammes on contemporary issues in the field ofhuman rights.
In addition to its headquarters in Abuja, the NHRC has six “zonal offices”representing each of the geo-political zones of the country – North West Zone(Kano), North East Zone (Maiduguri), North Central (Jos), South West (Lagos),South East (Enugu) and South South (Port Harcourt). The NHRC is presently workingto establish state offices in each of the 36 states of the federation in effort toincrease accessibility.
Most relevant for paralegals, the NHRC has the power to receive and adjudicatecomplaints about human rights violations. Once a complaint is received by theNHRC, after an initial review for admissibility (i.e., whether the matter is within theNHRC mandate and whether the matter is already before a court), NHRCinvestigators undertake to gather more facts through site visits, interviews, andother investigation techniques. The investigators then submit a report to theGoverning Council of the NHRC, which will subsequently take a decision regardingthe alleged human rights violations and other findings.
As of the coming into force of the NHRC (Amendment) Act of 2010, decisions takenby the NHRC are enforceable. Accordingly, the NHRC can make declarations andissue awards of damages where it finds there has been a human rights violation.
Such decisions are binding and can be enforced as if they are judgments of the HighCourt. However, due largely to politicisation and low capacity, to date no legallybinding decisions have been taken.
WHAT TYPE OF CASES CAN BE BROUGHT TO THE NHRC?
The NHRC has the power to hear complaints about alleged violations of any humanrights included in any human rights treaties ratified by Nigeria, so long as the rightsviolation complained of is not already before a court.29 See Section 6.2,”International and Regional Forums” for discussion on international and regionalhuman rights treaties ratified by Nigeria.
Here, it is important to note the distinction between ratification anddomestication to appreciate the breadth of the NHRC’s mandate as comparedto that of courts. Whereas courts may only enforce rights within human rightstreaties that have been domesticated, the NHRC can additionally enforce rightsin those human rights treaties that have only been ratified. This is particularlysignificant, because many treaties ratified by Nigeria have not beendomesticated.
As a consequence, some rights (e.g., the right to adequateshelter or the right to education) can be enforced by the NHRC but not bycourts.
FILING HUMAN RIGHTS COMPLAINTS WITH THE NATIONAL HUMAN RIGHTS COMMISSION
There are no formal requirements for complaints submitted to the NHRC, otherthan that the complaint cannot be anonymous. However, complaints that areclearly articulated and accompanied by adequate detail and supportingevidence are likely to be processed more quickly and effectively by the NHRC.
Therefore, it is in the interests of the party submitting a complaint to the NHRCto ensure that the complaint contains at a minimum:
- The name, contact information, and address of the complainant;
- A detailed factual account of the circumstances of the human rightsviolation(s);the specific human rights violation(s) suffered (note: must be a human right that falls within NHRC’s statute, as discussed above);
- And the desired remedy being sought.
- All complaints should be addressed to the NHRC Executive Secretary.
Complaints can be made either orally or in writing viaany of the following methods:
- By calling a NHRC national hotline at: 0807 709 1123, 0807 709 1124, 08077091126, 0807 569 7449, or the hotline of the relevant zonal office (identified in chart below);
- By email: info@nigeriarights.org;
- By post, addressed to any of the six zonal offices or the secretariat;
- By visiting a NHRC office in person
Complaints received by the Commission are assigned first to a NHRC investigator orteam of investigators within the region where the complaint arose. The investigatorstypically call the complainant on the phone to further discuss the nature of theirallegations, and often conduct in-person interviews or on-ground investigations intoeach case.
PUBLIC COMPLAINTS COMMISSION
Established by the Public Complaints Commission (PCC) Act of 1975, the Commissionhas wide powers to investigate complaints made by members of the public regardingadministrative injustice. Under the PCC Act, the Commission has authority to undertakeinvestigations on its own initiative or in response to complaint received,concerning any administrative action taken by anyofficer/servant of a department or ministry of the federal, state, or local government,or any officer/servant of any private company.
After investigation, where a Commissioner finds that a crime may have been committedor disciplinary actions should be taken, the case is reported to the appropriate body forprosecution or disciplinary action. To facilitate their investigations, Commissioners havethe power to summon (in writing) any person who they believe is in the position totestify or otherwise provide evidence regarding an ongoing investigation by the PCC.
Despite the aforementioned broad powers, the PCC remains relatively little known inNigeria.
POLICE SERVICES COMMISSION
Established by the 1999 Constitution, with its mandate further elaborated bythe Police Services Commission (Establishment) Act of 2001, the Police ServiceCommission (PSC) is an independent civilian oversight body empowered toappoint, promote, discipline and dismiss all officers of the Nigerian Police Force(NPF) except the Inspector-General of Police (IGP). The underlying objectiveof the PSC is to build public confidence and trust of the Nigeria Police Force.
The compositionof the Commission includes representatives from civil society organisations,the private sector, the media, as well as retired Supreme Court justices.
Unfortunately, the PSC’s capacity is widely reported to be weak. Civil societyorganisations have identified numerous obstacles to the PSC’s effectivefulfilment of its mandate, including under-funding, and lack of uniformdiscipline guidelines, among others.
FILING COMPLAINTS WITH THE POLICE SERVICES COMMISSION
The Police Services Commission receives complaints against the Nigerian PoliceForce through its grievance redress mechanism called the Public AccessProcedures. Complainants must fill out a “Public Complaints Form.” This formrequests basic information about the allegation of police misconduct (e.g.,who, what, when, where), and requires the complainant to include theircontact information for follow-up.
For additional information about the PSC and its complaints mechanism visithttp://www.psc.gov.ng/. Completed forms can be submitted online, or at oneof the PSC’s offices.
NATIONAL COMMITTEE ON TORTURE
After ratifying the UN Convention against Torture (UNCAT) in 2001, and itsOptional Protocol (OPCAT) in July 2009, the Minister of Justice and AttorneyGeneral of the Federation established a National Committee on Torture (NCT)in September 2009 to investigate allegations of torture, extra-judicialexecutions and other unlawful killings. Among other responsibilities, the National Committee on Torture was mandated to:
- Receive and consider communications on torture from individuals, civilsociety organisations, and government institutions; and
- Visit all places of detention in Nigeria and promptly and impartiallyexamine any allegation of torture therein.
The Committee consists of 19 members from a wide range of sectors, includingcivil society, the National Human Rights Commission, prison authorities,Ministry of Justice, and others.
Unfortunately, as of the end of 2012, in itsyearly report to the Committee against Torture, the NCT had only “expressedthe intention of carrying out visits to places of detention in Nigeria, as well asof organising quarterly meetingsand examining complaints.“
WHAT TYPE OF CASES CAN BE BROUGHT TO THE NCT?
Despite Nigeria’s ratification of the UNCAT, OPCAT, and other treaties thatoutlaw the practice of torture, presently ‘torture’ is not criminaliseddomestically (as required by UNCAT).
Filing complaints with the National Committee on TortureComplaints of torture or other cruel, inhuman and degradingtreatment can be filed with the National Committee on Torturelocated within the Federal Ministry of Justice in at New Federal Secretariat Complex, 10th Floor, Federal Secretariat, Wing IB (1001-1099), Block One, Shehu Shagari Way, Abuja.
At present, there isno publicly available information about the NCT’s complaintshandling mechanism (including where to direct complaints, howcomplaints and subsequent investigations are handled, and whatauthority/competence the Committee has to redress instances oftorture.
CONSUMER PROTECTION COUNCIL
The Consumer Protection Council (CPC) is a parastatal of theFederal Government, supervised by the Federal Ministry of Tradeand Investment. First established in 1992 by Act No. 66, it was notuntil 1999 that institutional framework was put in place to enablethe CPC to commence operations. Under its mandate, the CPC canreceive and redress consumer complaints regarding publiclyavailable products and services.
The goal of the CPC is to protectconsumer rights from abuses by businesses and other privatesector actors.
FILING COMPLAINTS WITH THE CONSUMER PROTECTION COUNCIL
The Consumer Protection Council’s principal function is to protectconsumer’s rights through its consumer complaints mechanism. Acomplaints form is publicly available online at:
http://www.cpc.gov.ng/index.php/consumer/complaints-andpetitions/complain-about-a-product-or-service
The CPC can be reached at:
Headquarters
Plot 1105 Dar-es-Salaam Street OffAminu Kano Crescent Wuse II, Abuja
Call Centre: 07002255272
Hotlines: 08056002020, 08056003030
For additionalinformation about the CPC and its complaints mechanism visit
CITIZENS’ RIGHTS DEPARTMENT, MINISTRY OF JUSTICE
Established in 2005 by the Federal Executive Council, the Citizens Rights is adepartment within the Federal Ministry of Justice mandated to receive andrespond to petitions and claims from the general public.
The Department hasbroad competence to receive complaints on a wide array of issues, includingwomen’s rights and gender issues, inheritance and probate matters, landlordand tenant disputes, employer and employee disputes, and consumer rightsprotection.
Where a petitioner/victim is indigent (poor), the Citizens RightsDepartment may also provide legal advice and defence in cases in court.
FILING COMPLAINTS WITH THE CITIZENS RIGHTS DEPARTMENT OF THE MINISTRY OF JUSTICE
The Citizens Rights Department does not have a publicly available complaints form, or other guidelines as to what a complaint submitted to the department must entail. Accordingly, it is recommended that complaints or petitions submitted to the department contain all of the elements/detail as set out in previously described non-judicial or administrative complaints mechanisms above (see, e.g., requirements for submission of a complaint to the NationalHuman Rights Commission).
All complaints and other correspondence with the Citizens Rights Department should be addressed to the Director.
For additional information about the Citizens Rights Department visit:http://www.fmj.gov.ng/pages/departments/dept_citizens%20rights.htm
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