Four Nigerian civil society organizations have petitioned the UN Special Rapporteur on the independence of judges and lawyers, Mr. Leandro Despouy, over the recent dismissal from the police of the country’s former anti-graft czar, Mr. Nuhu Ribadu.
Ribadu was dismissed for alleged gross misconduct and insubordination, ending a saga that started with his re-deployment from the anti-corruption agency Economic and Financial Crimes Commission (EFCC).
In the petition, dated 30 Dec., the organisations said they were protesting ”attacks by the Nigerian government on the independence and impartiality of Nigerian courts, and denial of Mr Nuhu Ribadu’s right of access to court, as part of his internationally recognized right to an effective remedy.”
The four organisations are Socio-Economic Rights & Accountability Project (SERAP), Committee for the Defence of Human Rights (CDHR), Women Advocates Research and Documentation Centre (WARDC) and Partnership for Justice (PFJ).
“We are concerned that in dismissing Mr Ribadu from the police, the authorities failed to follow internationally recognized fair trial standards. We are also concerned that the alleged dismissal of Mr Ribadu while he has cases in court on the same subject matter, and despite the fact that the Nigerian government through its agents has submitted itself to the jurisdiction of the court, directly undermines the independence and impartiality of the court and renders nugatory Mr Ribadu’s right of access to the court,” they said.
They added: “The dismissal of Mr Ribadu has seriously undermined the powers, independence and authority of the court to hear the case. It also undermines the rule of law, which is the establishment of individual freedoms and the protection against any manifestation of arbitrary power by the public authorities.
”In its proper application, the rule of law implies the application of hallowed principles of justice both in the context of the law and in the procedures and institutions by which it is enforced. In other words, the rule of law implies that the law can and should be an instrument of justice, a protection of the freedom and dignity of the human person.”
The organisations contended that the action by the Nigerian government was capable of undermining the government’s ability to secure a steady, upright, and impartial administration of the laws, a responsibility required by Nigeria’s international human rights obligations.
They called on the Special Rapporteur to find Nigeria in violation of international human rights obligations and standards guaranteeing the independence and impartiality of the judiciary, and full and effective access to the court; request the government of Nigeria to reverse the dismissal of Mr Ribadu in the interest of justice, and to allow the judicial process to take its course.
The organisations also requested the special rapporteur to visit Nigeria to inquire into attacks upon the independence and impartiality of the judiciary, including judges, and denial of access to court as part of the right to an effective remedy raised in this Complaint, and make proposal to the Nigerian government on means to protect and enhance the independence and impartiality of the judiciary.