Role of the National Human Rights Commission in Protecting Victims of Corporate and State Abuse

By O. M. Atoyebi, SAN FCIArb.(U.K)

Contributor: Animasaun Iyanuoluwa

INTRODUCTION

The protection and promotion of human rights are central to the legitimacy of democratic governance and the rule of law. In Nigeria, the National Human Rights Commission (NHRC) serves as the statutory body entrusted with this crucial mandate. The National Human Rights Commission of Nigeria was established by the National Human Rights Commission Rights 1995 (as amended) in accordance with Resolution 48/134 of the United Nations General Assembly, which enjoins all member states to establish independent National Institutions for the promotion, protection and enforcement of human rights[1]. The Commission serves as an extra-judicial mechanism for the respect and enjoyment of human rights. It also provides avenues for public enlightenment, research, and dialogue to raise awareness of human rights issues.[2]

As state institutions and private corporate entities increasingly become actors/ likely perpetrators in human rights abuses, the NHRC’s role in ensuring accountability and redress becomes indispensable. It is, however, pertinent to examine the legal framework establishing the NHRC, evaluate its performance in confronting both state and corporate violations, and propose reforms to strengthen its independence and operational effectiveness.

LEGAL FRAMEWORK AND MANDATE OF THE NATIONAL HUMAN RIGHTS COMMISSION
The National Human Rights Commission was established by the National Human Rights Commission Act, 1995. However, the NHRC Amendment Act, 2010, has replaced the old Act and provides for significant changes. The extant Act has significantly enhanced the commission’s autonomy, granting it quasi-judicial powers, including the power to summon individuals, receive complaints, investigate violations, and award compensation. A cursory look at Section 6 of the Act [3]sets out the functions of the Commission, which include promoting and protecting human rights, receiving and investigating complaints, and assisting victims in seeking legal redress.

The NHRC is also empowered to monitor detention facilities, advise government bodies on human rights obligations, and engage in public education. Importantly, its decisions are now deemed enforceable as judgments of the High Court, following the extant Act, a development that was intended to provide the Commission with enforceable authority rather than merely advisory functions.

THE ROLE OF THE NATIONAL HUMAN RIGHTS COMMISSION IN PROTECTING VICTIMS OF CORPORATE AND STATE ABUSE

Protection from State-Sponsored Human Rights Abuses

State actors, particularly the police and military, have been repeatedly implicated in grave human rights violations across Nigeria, including unlawful arrests, torture, extrajudicial killings, and enforced disappearances. These abuses often persist with impunity, largely due to weak institutional oversight and a pervasive culture of disregard for judicial authority and court orders.

The National Human Rights Commission (NHRC) has played a significant role in investigating these violations, launching several high-profile inquiries into misconduct by security agencies and other governmental bodies. A prominent example is the Presidential Panel on the Special Anti-Robbery Squad (SARS), established in response to widespread public outrage over systemic police brutality. The NHRC was pivotal in facilitating public hearings, collecting witness testimonies, compiling evidence of abuse, and recommending sanctions against culpable officers.[4]

Despite these efforts, the Commission’s effectiveness is severely hampered by persistent challenges, including political interference and non-cooperation from security agencies. While the NHRC has published numerous reports documenting serious violations, the implementation of its recommendations often hinges on the political will of the executive branch, undermining accountability and limiting the impact of its findings.

Addressing Human Rights Violations by Corporate Entities
The role of private corporations, particularly multinational companies, in human rights abuses has become increasingly prominent, especially in sectors such as oil and gas, mining, and agriculture. Allegations of environmental degradation, labour exploitation, forced evictions, and complicity in security-related abuses have persisted for decades. Victims often face challenges in seeking justice due to complex corporate structures, jurisdictional hurdles, and a lack of access to legal representation.[5]

The NHRC, through its complaint mechanism, has received and investigated several cases involving corporate abuses. It has the power to mediate between victims and companies, issue binding recommendations, and refer cases to appropriate legal forums. Nevertheless, corporate accountability remains weak due to the Commission’s limited capacity to enforce compliance, particularly against powerful transnational entities with substantial political and economic influence.

CHALLENGES FACING THE NATIONAL HUMAN RIGHTS COMMISSION
Despite its broad mandate, the NHRC is constrained by several institutional and systemic challenges:

Under-funding: The Commission’s budgetary allocations are often insufficient to carry out thorough investigations, maintain field offices, or provide victim support services.

Political Interference: While statutorily independent, the NHRC is susceptible to executive influence, particularly in the appointment and removal of its governing council.

Enforcement Limitations: Although its decisions are enforceable, the Commission lacks its enforcement arm and relies on cooperation from the judiciary and security agencies, which may be reluctant to act.

Public Awareness and Accessibility: Many victims, particularly in rural areas, remain unaware of the NHRC’s existence or how to access its services.

RECOMMENDATIONS
To enhance the NHRC’s role in protecting victims of corporate and state abuse, the following reforms are imperative:

Structural Independence: Amendments should insulate the Commission from executive interference in appointments and removals of leadership.

Stronger Enforcement Mechanisms: The NHRC should be empowered to collaborate directly with enforcement agencies, with penalties for non-compliance with its decisions.

Strengthening Legal Aid Partnerships: Enhanced collaboration with legal aid organisations will ensure victims, particularly those confronting powerful corporate interests, receive adequate representation.

Public Outreach and Education: Expanding awareness campaigns and establishing grassroots complaint mechanisms will increase the Commission’s accessibility to marginalised populations.

CONCLUSION
The NHRC remains a critical institution in Nigeria’s human rights architecture. While it has made strides in addressing abuses by both state and corporate actors, its effectiveness is hindered by systemic constraints. Legal and structural reforms, alongside adequate funding and enforcement support, are necessary to transform the Commission into a truly independent and powerful watchdog. A strengthened NHRC will not only provide justice to victims but also reinforce the broader culture of human rights and accountability in Nigeria.

REFERENCE

1. Check National Human Rights Commission Act Cap. N46, LFN 2004 (as amended by the National Human Rights Commission (Amendment) Act, 2010) accessed on the 25th June 2025 ↑
2. https://www.nigeriarights.gov.ng/about/overview.html accessed on the 25th June 2025 ↑
3. NHRC ACT 2010 ↑
4. Check Osita Nnamani Ogbu, Human Rights Law and Practice in Nigeria, 2nd ed. (CIDJAP Press, 2019) accessed on 25th June 2025 ↑
5. Check Amnesty International Reports on Human Rights in Nigeria (various years) accessed on the 25th June 2025 ↑

Source: BarristerNG