CSOs urge Tinubu to grant Nigerians direct access to African Human Rights Court

A coalition of 24 Nigerian and international civil society organisations (CSOs) has called on the Federal Government to urgently grant Nigerians direct access to the African Court on Human and Peoples’ Rights by depositing the required declaration under Article 34(6) of the Court’s Protocol.

The coalition—comprising prominent groups such as the Socio-Economic Rights and Accountability Project (SERAP), Amnesty International Nigeria, BudgIT, Accountability Lab Nigeria, Centre for Journalism Innovation and Development (CJID), Civil Society Legislative Advocacy Centre (CISLAC)/Transparency International Nigeria, Enough is Enough (EiE) Nigeria, and several others—made the demand in a joint statement addressed to President Bola Tinubu.

Other signatories include Paradigm Initiative, Spaces for Change, Wole Soyinka Centre for Investigative Journalism, Global Rights, HEDA Resource Centre, CLEEN Foundation, Public and Private Development Centre (PPDC), Dataphyte Foundation, DIGICIVIC Initiative, Duty Solicitors Network, Social Action, Paradigm Leadership Support Initiative (PLSI), Center for Public Interest Law (CEPIL), CRADESC, the Institute for Human Rights and Development in Africa (IHRDA), African Centre for Media and Information Literacy (AFRICMIL), and Falana and Falana Chambers.

The statement followed a formal letter sent to the Attorney General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, SAN, urging the government to make and deposit the Article 34(6) declaration.

The declaration would enable Nigerians and qualified non-governmental organisations to directly approach the African Court after exhausting domestic legal remedies.

Although Nigeria ratified the Protocol establishing the African Court in 2004, it has yet to make the optional declaration necessary to activate direct access for individuals and NGOs. According to the coalition, this omission continues to deprive victims of human rights violations of a critical regional avenue for justice.

“Nigeria’s continued refusal to make the Article 34(6) declaration undermines access to justice and effective remedies, as well as weakens accountability, particularly for victims whose cases are stalled, ignored, or inadequately addressed within the domestic legal system,” the organisations said.

Nigeria has been a longstanding member of the African Union and ratified the African Charter on Human and Peoples’ Rights in 1983. The country is also 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 consistently underscored the importance of Nigeria depositing the Article 34(6) declaration.

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The coalition further recalled that during its 62nd Ordinary Session in May 2018, the African Commission on Human and Peoples’ Rights recommended that Nigeria expedite the process of making the declaration to allow individuals and NGOs direct access to the Court in cases of alleged violations.

The organisations argued that making the declaration would significantly enhance the protection of rights guaranteed under the African Charter, including freedoms of expression, association and peaceful assembly, digital rights, access to natural resources, and people-centred safety and security. It would also strengthen oversight of powerful non-state actors, including multinational and technology companies.

They noted that several African Union member states—including Ghana, Malawi, Mali, Burkina Faso, Guinea-Bissau, and Niger—have already deposited the Article 34(6) declaration, and urged Nigeria to demonstrate leadership by following suit.

“As one of Africa’s leading democracies, Nigeria must show moral and political leadership by fully subscribing to the jurisdiction of the African Court,” the statement read. “Doing so would strengthen Africa’s human rights architecture at a time when the global rules-based system is under increasing strain.”

The coalition called on President Tinubu to immediately make and deposit the declaration and to initiate consultations with civil society and other stakeholders to ensure its effective domestic implementation.

The organisations also expressed their readiness to work constructively with the government to advance access to justice, promote effective remedies for victims of rights violations, and reinforce Nigeria’s leadership role in strengthening human rights protections across the continent