The African Commission on Human and Peoples’ Rights (the African Commission) is deeply concerned by the information circulating in the recently published news articles titled “Biafra: Nigeria’s Representative at the AU Commission blocked our petition- Ekpa claims”, “BRGIE Exposes Corruption by Abiola Idowu-Ojo, AU Secretary Against Biafra Declaration” and the likes, published on Opera News, the Daily Post Nigeria, and some social media platforms. The Commission is also dismayed by the hate speeches that have been elicited on many media platforms in response to these publications.
The African Commission, while recalling its obligation under Article 59 of the African Charter on Human and Peoples’ Rights (the African Charter), to maintain confidentiality and not divulge information regarding Communications filed before it until finalized, wishes to reaffirm that decisions on Communications are made in line with the Charter and its Rules of Procedures (the Rules of Procedure), and denies the allegations made against its Executive Secretary, who is not involved in decision-making on communications.
The African Commission also wishes to emphasize to the public that neither the members of the Commission nor staff of the Secretariat are representatives of their respective countries of origin. In line with the Charter, the Rules of Procedure and the African Union Staff Rules and Regulations, they carry out their functions in their individual capacities and act independently. Accordingly, the Secretary to the African Commission, who is a technical officer appointed by the Chairperson of the African Union Commission through a competitive recruitment process, does not take instructions from the government of her country or any Member State of the African Union.
The African Commission adds that, the Secretary to the African Commission, and all other officials and other staff members of the African Union, are required to avoid conflicts between professional and personal interests or obligations sufficient to influence the impartial exercise of their official duties or responsibilities, and also that in line with the recusal provisions in the working methods of the African Commission, officials and staff are prevented from working on matters involving their countries of nationality. This rule is strictly applicable.
Furthermore, the allegation that the Secretary to the African Commission changed the Rules of Procedure of the Commission is equally refuted, as this power is vested in the African Commission in line with Article 42(2) of the Charter and Rule 139 of its Rules of Procedure (2020).
The Commission remains committed to the promotion and protection of human and peoples’ rights and exercises its mandate independently and impartially, in accordance with the above-stated legal and procedural frameworks.
The Commission urges the authors of the above-referenced news article to continue to engage directly with its Secretariat through appropriate channels and within its legally established procedures, to address any concerns or perceptions, rather than resorting to defamatory remarks. Human rights being a collective responsibility, and it is vital that all stakeholders work within the limits of the established frameworks.
The Commission exonerates Madame Abiola Idowu-Ojo, of any responsibility for the decision taken in this Communication.
