NHRC | National Human Rights Commission

RULES OF ADMISSIBILITY ON COMPLAINTS OF ALLEGED VIOLATION OF HUMAN RIGHTS TO THE NATIONAL HUMAN RIGHTS COMMISSION: 

LOCUS STANDI:

ARTICLE 1: 

Complaints may be lodged with the Commission by any of the following:

• Any person acting on his or her own behalf;
• Any person acting on behalf of another person who cannot act in his or her own name;
• Any person acting as a member of or in the interest of a group or class of persons; and
• An association acting in the interest of its members.

An association acting in the interest of its members

ARTICLE 2:

All complaints that are lodged with and admissible to the Commission shall be consistent with Decree NO.22 of 27th September 1995.

ARTICLE 3: 

Receipt and Content of Complaints

1. Any complaint submitted to the commission for consideration shall be submitted in writing to the Executive Secretary or to a Commissioner or a representative at the Zonal or district levels and shall be accompanied by all relevant supporting documents.
2. The Executive Secretary or a designated staff of the Commission or any other person chosen by the complainant can write on behalf of any person who is unable to read or write and reduce the complaint into writing.
3. A person who reduces into writing oral complaint of any person shall:

• Read over and explain the content of the complaint in the language he understands.
• Declare on the document that the complainant has fully understood or appeared to understand and appreciate the contents of the complaint; and
• Cause the complainant to append his/her signature or thumb print to the written complaint.

     4.  In general terms, a complaint to the commission shall contain the following:

• The full name and address of the complainant and or, the person upon whose behalf the complaint is being made; 
• The names and addresses of persons against whom the complaint is made:
• The nature of the injustice or harm that the complainant or alleged victim has suffered as a result of the action, inaction or omission of the body, organization or person against whom the complaint is made; and 
• The relief sought by the complainant.

    6.  No Fees shall be charged for the lodging of a complaint.

COMPLAINTS THAT THE COMMISSION WILL REJECT:

ARTICLE 4:

Inadmissible Complaints.

The commission shall be entitled to reject any complaint on the grounds that:

• The contents of such complaint do not fall within its jurisdiction as established by the enabling law. 
• The complaint is unwarranted or unfounded in law or based on hearsay or rumour. 
• The language of expression is couched in an abusive, insulting or disparaging manner. 
• The subject matter or complaint is already before a Court of Law or any statutory body. 
• The complainant is anonymous.

PROCEDURE FOR DEALING WITH COMPLAINTS:

ARTICLE 5:

• All complaints submitted and recorded by the Executive Secretary or his nominee shall be promptly brought before a complaints' Committee of the Governing Council of the Commission to determine whether the complaints constitute a prima facie violation of or threat to violation of a fundamental right; 
• The recommendations of the Council's standing Committee shall be forwarded to the council in session for full determination and or further investigation of the allegation of violation; 
• If in the opinion of the Council the complaint does not fall within the jurisdiction of the Commission or could be more effectively or expeditiously dealt with by another Organisation, the complainant shall be so informed within a reasonable period of time. 
• If for any of the reasons in Article 4 above, the complaint is rejected, the complainant shall within 14 days of the decision be so informed, giving full reasons therefor, and advising the complainant of his or her right of appeal against the decision. 
• If the Council is Satisfied that the complaint constitute a prima facie violation of fundamental right, it shall accept the complaint and advise the complainant accordingly.

ARTICLE 6:

• Following the acceptance of the complaint, the Secretariat shall forward a copy of the complaint to the person or head of the body or organization alleged to have committed a breach for any comment deemed necessary. 
• The person or head of the body or organization against whom the complaint is made shall within a reasonable time but not exceeding 21 days from the date of receipt of the complaint submit his or her comments of response to the Commission; 
• The Council shall thereafter determine the procedure to be adopted in dealing with the complaint, including, if it deems fit, assign an investigator or officer of the Commission to make a preliminary investigation into any complaint lodged with the commission. 
• The Council may for the purpose of performing its functions require the services of a member of the police force or any public institution or Non-Governmental Organization with requisite expertise to assist in consideration of any particular complaint. 
• If, following the preliminary investigation the Council decides that the complaint could not be mediated upon or settled, it may decide to institute a full investigation into the complaint. 
• Such a decision shall be conveyed by the Council in writing to the complainant and the respondent and any other Person(s) as may be considered by the Council to be relevant to be invited for the investigation at a date, time and place specified in the notice; 
• The date for attendance shall not be less than 14 days from the date of notice; 
• A person appearing before the council in response to a complaint shall

1. Be fully informed of the facts of the complaint, including available documents and the relief sought; 
2. Be afforded full opportunity to answer the complaint and question any witness.

ARTICLE 7:

Any person, who appears before the Council or its panel in any investigation, shall be given a fair hearing. The Council shall, however, take appropriate measures to insure prompt and just determination of issues at stake. No party to the dispute shall be allowed to scuttle either by conduct or howsoever, the prompt and fair determination of a case.

ARTICLE 8:

Persons appearing before the council on a complaint to be investigated shall appear in person and, or may be represented by council of their choice. 

ARTICLE 9:

Persons given evidence before the Council may do so in English language or any of the local languages of the Federal Republic of Nigeria, to be assisted with the aid of interpreters provided by the Commission.

ARTICLE 10:

Records of proceedings during investigation shall be kept in writing or on magnetic tapes or other means of information storage. 

ARTICLE 11:

Investigation

• For the purpose of article 6(c), the Council may on the recommendation of any of its members appoint an investigator to constitute a panel to investigate any complaint and report to the Council.
• The panel shall be composed of a chairman, who shall be a member of the Council and not less than two officers of the Commission.
• The Council shall reserve the right to co-opt into such panel such other person(s) as the Council may approve.

ARTICLE 12:

• A panel composed under these regulations shall make full report of its findings and its recommendations to the
•  Council: and
• The Council shall thereafter consider the report submitted and may accept or reject the recommendations or direct further investigation.

ARTICLE 13:

At the conclusion of its deliberations, the Council shall inform the complainant and the respondent of findings and may thereafter forward its comments and recommendation to the Federal Government.