Rights groups sue National Assembly over NGO Regulation Bill

Some civic groups have sued the National Assembly to stop
further deliberation on the bill that seeks to register and
regulate Civil Society Organisations, CSOs.

The groups that filed the suit are members of the Human Rights
Agenda Network, HRAN.

In a suit filed on November 3, 2017 at the Federal High Court
Abuja, the plaintiffs comprising of 23 NGOs are seeking order of
court to declare unconstitutional and unlawful the NGO Regulation
Bill which has currently passed second reading at the House of
Representatives.

The groups asked the court to determine whether a judicial order
can be made to stop the legislature from deliberating on a bill
pending before it. If that is possible, they want an order stopping
further deliberations on the NGO Regulation Bill, which the groups
claim will violate their right to: freedom of expression, peaceful
assembly and association, and non-discrimination, as enshrined
under sections 39, 40 and 42 of the Constitution of the Federal
Republic of Nigeria 1999 (as amended).

The groups also asked the court to declare that the provisions
of the NGO Regulation Bill is contrary to Section 40 of the
Constitution by seeking to register and regulate NGOs working on
human rights as if they are political parties; and to that extent,
the bill is unconstitutional.

The plaintiffs through their counsel, Chino Obiagwu, also asked
the court to declare that the provisions of the NGO Regulation Bill
is contrary to the Companies and Allied Matters Act (CAMA), under
which NGOs are registered, because it creates extra burden on the
registered NGOs than the law has placed on other registered
companies.

In a 19-paragraph affidavit in support of the summons, the
groups headed by HRAN, claim that they do not need to wait for the
bill to be passed into law before challenging it and that once it
can be shown that the bill is likely to infringe on their rights if
passed into law, the court can stop the National Assembly from
deliberating on such bill by virtue of Section 46 (1) of the
constitution.

The groups therefore sought “an order of perpetual injunction
restraining the defendants from continuing with any or further
deliberation, consideration and/or passing into law of HB111: NGO
Regulatory Bill; HB585: NGO Regulatory Bill, and HB705: Civil
Society Committee of Nigeria Bill.”

No date has been fixed for the hearing.

Some civic groups have sued the National Assembly to stop
further deliberation on the bill that seeks to register and
regulate Civil Society Organisations, CSOs.

The groups that filed the suit are members of the Human Rights
Agenda Network, HRAN.

In a suit filed on November 3, 2017 at the Federal High Court
Abuja, the plaintiffs comprising of 23 NGOs are seeking order of
court to declare unconstitutional and unlawful the NGO Regulation
Bill which has currently passed second reading at the House of
Representatives.

The groups asked the court to determine whether a judicial order
can be made to stop the legislature from deliberating on a bill
pending before it. If that is possible, they want an order stopping
further deliberations on the NGO Regulation Bill, which the groups
claim will violate their right to: freedom of expression, peaceful
assembly and association, and non-discrimination, as enshrined
under sections 39, 40 and 42 of the Constitution of the Federal
Republic of Nigeria 1999 (as amended).

The groups also asked the court to declare that the provisions
of the NGO Regulation Bill is contrary to Section 40 of the
Constitution by seeking to register and regulate NGOs working on
human rights as if they are political parties; and to that extent,
the bill is unconstitutional.

The plaintiffs through their counsel, Chino Obiagwu, also asked
the court to declare that the provisions of the NGO Regulation Bill
is contrary to the Companies and Allied Matters Act (CAMA), under
which NGOs are registered, because it creates extra burden on the
registered NGOs than the law has placed on other registered
companies.

In a 19-paragraph affidavit in support of the summons, the
groups headed by HRAN, claim that they do not need to wait for the
bill to be passed into law before challenging it and that once it
can be shown that the bill is likely to infringe on their rights if
passed into law, the court can stop the National Assembly from
deliberating on such bill by virtue of Section 46 (1) of the
constitution.

The groups therefore sought “an order of perpetual injunction
restraining the defendants from continuing with any or further
deliberation, consideration and/or passing into law of HB111: NGO
Regulatory Bill; HB585: NGO Regulatory Bill, and HB705: Civil
Society Committee of Nigeria Bill.”

No date has been fixed for the hearing.