Femi Falana(SAN), has dragged the Federal Government before a Federal High Court sitting in Lagos, challenging the refusal of the Nigerian government to accept the competence of the African Court on Human and Peoples Rights, arguing that same is illegal as it violates Section 1 of the African Charter on Human and Peoples Rights Act (Cap A9) Laws of the Federation of Nigeria 2004.
Respondent in the suit is the Attorney General of the Federation.
He is consequently asking the court to declare that the failure or refusal of the Federal Government to make a declaration accepting the competence of the African Court on Human and Peoples Rights is illegal and unconstitutional as it violates the Applicant’s right to fair hearing guaranteed by Section 36 of the 1999 Constitution of the Federal Republic of Nigeria as amended and Article 7(1) of the African Charter on Human and Peoples Right (Cap A9) Laws of the Federation 2004.
He is also asking the court to direct the Federal Government to make a declaration accepting the competence of the African Court on Human and Peoples Rights forthwith.
Falana said: “The African Court on Human and Peoples’ Rights has been established by the African Union for the promotion of the Human rights of the Peoples of Africa and Nigeria has signed and ratified the Protocol for the Establishment of the African Court on Human and Peoples Rights.”
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