The Solicitor-General of the Federation, Beatrice Jedy-Agba said the Ministry of Justice said paucity of funds has caused the overwhelming judgment debts since 2019.
She spoke at a strategic dialogue on accessing remedies for human rights violations in Nigeria in Abuja where she explained that the ministry has not received budgetary allocation to settle judgment debts that have accumulated over time.
She decried the inability of the courts to prosecute fundamental rights cases on time and enforce the resulting judgment timely despite available legal frameworks in the country.
The SGF said it was unfortunate that FG, through the Justice Ministry, was often compelled to pay judgment debts that emanated from unlawful actions of law enforcement institutions and agents.
“Most often, security or law enforcement agencies are the actual judgement debtors since their actions and inactions occasion the infractions.
“However, the Federal Ministry of Justice is dragged into the arena either because the Attorney-General of the Federation is sued as a nominal party or the judgement creditor approaches the AGF to grant consent, pursuant to the provisions of section 84 (1-3) of the Sheriffs and Civil Process Act.
“As a matter of due process and FGN Financial Regulations, it is the policy of the Federal Ministry of Finance that payment of judgment debt by any agency must be based on clearance by the Attorney-General and requisite budgetary appropriation.
“Some of the debtor agencies do refer judgment debts to the Attorney-General for intervention. The Ministry itself is handicapped from settling any judgment debt either for itself or on behalf of the Federal Government or its agencies due to paucity of funds.
“For instance, the Ministry has not received any budgetary allocation for the settlement of judgment debts since 2019.
“Thus, the Ministry always demand that defaulting agencies either comply or appeal such judgements.
“The scheme of issuance of promissory notes that was designed to bridge the gap of lack of funds occasioned by revenue shortfalls also comes with its own challenges.
“One such process of issuing promissory notes which was commenced over three years ago, is yet to be concluded due to interval bureaucracy and the same is now stuck at the National Assembly,” the SGF stated.
She said there was a need for greater synergy between the Justice Ministry, National Human Rights Commission and other critical stakeholders in order to increase access to remedies outside the conventional court system as witnessed in the payment of compensation to victims of the September 20, 2013, joint security raid in the Apo Legislative District in Abuja, which led to the loss of lives, as well as victims of right violations by SARS.
“In conclusion, I need to stress that an effective enforcement of judgements and access to remedies for rights violations can only be achieved through a holistic reform of the entire administration of justice systems, demonstration of political will, adoption of effective preventive and sensitization measures, adequate budgetary provision or funding, as well as recourse to mediatory or conciliatory methods to attaining compensation,” the SGF added.
On his part, the Executive Secretary of the NHRC, Tony Ojukwu, SAN, said the Commission would in line with its mandate, continue to hold the government and its agencies accountable.
He maintained that under the NHRC Act, decisions of the Commission are at par with high court judgements.
Frontline human rights activist, Femi Falana, SAN, said Nigerians must always stand up to defend their rights and demand strict adherence to the principles of the rule of law.
He bemoaned that despite the existence of many legislations and legal instruments that Nigeria ratified, cases of rights violations have continued to be on the increase.
“Today I want to urge Nigerians that when your rights are violated, don’t keep silent or say that you leave it to God. Even God will want you to fight for your freedom and to fight against tyranny.
“If we want to stop impunity in this country, we must start with complying with court judgements,” Falana, SAN, added.
Comments are closed.