Electoral offence trial: Ex-Edo gov faults rights commission

A former governor of Edo state, Senator Osarheimen Osunbor has faulted a preliminary objection raised by the National Human Rights Commission (NHRC) challenging the jurisdiction of a Federal High Court, Abuja, in hearing a case of alleged electoral offence preferred against him by the rights commission.

Osunbor in a statement released in Abuja, said that the commission was incompetent to review the judgment of a court or tribunal.

According to him, the Federal High Court in Abuja had on December 15, 2017, held that the NHRC breached his fundamental human rights to fair hearing when the commission indicted him for committing electoral offences.

Our reporter recalls that the commission had in a report released in April 2014 and August 2016 indicted the former governor and other persons for electoral offences and recommended their prosecution by the Attorney General of the Federation.

However, the Federal High Court, Abuja quashed the indicting report by declaring it ultra vires, null and void, saying that the NHRC has no powers to investigate electoral offences as stipulated under the Electoral Act.

The court also said that the commission was bound to comply with the provisions of Section 36 of the constitution as it is not competent to review the judgment of a competent court of law or tribunal so as to arrive at a different conclusion.

“Rather than defend their report, the rights commission had raised preliminary objection that the court lacked jurisdiction to hear the case because they had not been given pre-action notice.

“The Court of Appeal in a unanimous decision in June this year rejected this argument and held that the commission is not entitled to pre-action notice under its enabling Act. This paved the way for the case to be heard on its merit and I have been vindicated,’’ Osunbor said.

He added that the case has exposed the paradox that “whereas the commission was established to protect the human rights of citizens, it has turned itself into a violator of the human rights of Nigerians.

“Instead of acknowledging the error when this was brought to their attention, show remorse and apologise, they arrogantly carried on trying to defend the indefensible at great expense to the public purse.

“They raised one objection after another, including repeatedly seeking adjournments, all in futile efforts to deny, obstruct or frustrate the pursuit of my fundamental human rights,’’ the ex-governor maintained..

He therefore urged the National Assembly to revisit the Public Officers Protection Act, arguing that it confers immunity on persons and institutions which often enables them to avoid legal liability for their wrongdoing.

“These laws simply encourage impunity by public officers without them harbouring any fear of a personal loss or detriment. This immunity is a relic from the colonial era when they were used to shield colonial public officers from legal action.

“They have no justification in modern society and should be scrapped. This will make the NHRC and others to sit up and behave as responsible organisations. They are not above the law,” Osunbor said.

Henry Omunu, Abuja