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ECOWAS Court Takes Decision on Mali Versus Société Damou-So SARL Case

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ECOWAS Court Takes Decision on Mali Versus Société Damou-So SARL Case

By: Michael Mike

The ECOWAS Court of Justice, on Tuesday October 31, 2023, delivered its decision in the case between the State of Mali and Société Damou-So SARL in which the applicant requested a review of Judgment No. ECW/ CCJ/JUD/22/21 rendered on June 25, 2021 by the Court in case no. ECW/CCJ/APP/10/18.

The applicant, Republic of Mali mentioned that Société Damou-So SARL, a real estate development company registered in Mali, acquired plots of land from the government of Mali, but irregularities were discovered in the records of these land transactions. In 2015, the National Directorate of Lands and Cadastre canceled these transactions, including those of Damou-So SARL.
The applicant explained that Hamady Kindy, manager of several companies, including Damou-So SARL, contested the revocations by bringing the case before the Supreme Court of Mali. In October 2015, the Supreme Court annulled the revocations made by the National Directorate of Lands and Cadastre, thus restoring the property rights of Damou-So SARL.
Nevertheless, a case was brought by Damou-So SARL before the ECOWAS Court and in the judgment:
It declared that the applicant’s property rights had been violated by the respondent.
It dismissed other allegations of violation of the applicant’s rights.
It ordered the respondent to pay compensation to the applicant for seven expropriated lands.
Also, it ordered the respondent to submit a report on the measures taken to implement the Court’s orders.
The applicant now (Republic of Mali) sought a review of the decision of the ECOWAS Court citing two new facts discovered after the Court’s decision.
In its response, the defendant, La Société Damou-So SARL, explained that although it held copies of the land titles, they were no longer useful because the land to which these titles relate are no longer in its possession. According to Société Damou-So SARL, a bailiff noted in January 2017 that the plots had been divided and inhabited by occupants and construction sites. Despite warnings from local authorities, the new occupants continue to occupy these plots.
The defendant indicated that another bailiff noted in January 2018 the presence of houses under construction, completed houses, construction materials, and bricks on its land. It claimed that the local mayor justified these divisions, based on decisions to cancel administrative acts of transfer.
According to the defendant, it is evident that its land has been expropriated, which, in its view, prevented the applicant from requesting and obtaining a review of the decision under Article 25(2) of the July 1991 Protocol relating to the Court.
By its decision of October 31, 2023, the Court retained its jurisdiction to hear the request for review explaining that the contested decision – judgment no. ECW/CCJ/JUD/22/21 of June 25, 2021 – was rendered by the Court at its seat, and it is the only one authorised to rule on the request for review.
However, it declared the applicant inadmissible in its request for review of judgment no. ECW/CCJ/JUD/22/21 of June 25, 2021. It explained that the facts invoked by the applicant did not exist at the time of the pronouncement of the contested judgment and that it cannot therefore validly serve as a basis for an appeal for review.
The Court emphasised that both facts relied on by the applicant to support its request for review of judgment no. ECW/CCJ/JUD/22/21 of June 25, 2021 do not meet the criteria set by Article 25 of Protocol A /P1/07/91 relating to the Court which provides that “The request for review of a decision is only opened before the Court when it is based on the discovery of a fact likely to exercise a decisive influence and which, at the time of the decision, was unknown to the Court and the applicant, provided, however, that such ignorance is not the result of negligence. »
It added that in the absence of such a fact in the present case, the request for review filed by the applicant in violation of the relevant provisions of article 25 of Protocol A/P.1/07/91 of 6 July 1991 must be declared inadmissible.
The panel of three (3) judges on the bench is composed of:
Hon. Judge Gbéri-Bè Ouattara, Presiding / Judge-Rapporteur
Hon. Judge Dupe Atoki, Member
Hon. Judge Claúdio Monteiro Gonçalves, Member.

ECOWAS Court Takes Decision on Mali Versus Société Damou-So SARL Case

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NAPTIP to Establish Command in FCT to Tackle SGBV

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NAPTIP to Establish Command in FCT to Tackle SGBV

By: Michael Mike

The National Agency for the Prohibition of Trafficking in Persons (NAPTIP) has said
the establishment of a Command in the Federal Capital Territory to tackle all cases of Violence Against Persons especially Sexual and Gender Based Violence (SGBV) within the nation’s capital.

Speaking in Abuja at the 2024 Stakeholder’s Coordination Meeting on the implementation of the Violence Against Persons (Prohibition) Act 2015 and Corresponding State Laws, the Director General of NAPTIP, Binta Bello said:
“To further illustrate and solidify our commitment towards eradicating this social menace, I am glad to inform you that the Agency is proposing the establishment of a Command in the F.C.T to tackle all cases of Violence Against Persons especially SGBV within the nation’s capital. It is expected that the Command will enhance quicker response to SGBV cases, improve coordination among stakeholders, provide specialized support services for survivors and strengthen the investigation and prosecution of SGBV cases.”

The DG, who was represented by the Director of Research and Programme Development, Mr Josiah Emerole, said with the latest move, “We believe that this Command will serve as a model for other states and strengthen our collective efforts to eradicate SGBV within the F.C.T.”

On her expectations from the meeting, she said: “I also have the strong conviction that we will leave here with a renewed vision towards eradicating the ills associated with violence against persons and in turn make the country safer and more habitable.”

She stated that: “The National Agency for the Prohibition of Trafficking in Persons (NAPTIP) remains committed to working with all States, the mandate Secretary of the Women Affairs Secretariat of the FCT and the Civil Society Organisations in the implementation of these laws as this will improve the coordination and synergy needed to ensure the effective implementation and building a society where everyone sees violence in any manner as an anathema to societal growth.”

She charged that: “While wishing you fruitful deliberations, I implore all participants to see the fight against violence against persons as one we must win through collective engagement and actions. The days of working in silos are over and the time for better synergy is now and beginning from whatever we do in this room today.”

In her welcome remarks, the Acting Director, Violence Against Persons Department, NAPTIP, Mrs. Toyota Odugbesan while thanking the Ford Foundation for its support, said: “Today’s meeting is an important time for us, to connect, proffer guidance, reflect on our concerns, review major successes, identity gaps, discuss challenges, assess the level and effectiveness of interventions efforts and proffer recommendations and far-reaching strategies associated with the implementation of the VAPP Act 2015 and State Violence against Persons (Prohibition) interventions efforts in the country for future programming.”

She noted that: “The discussion today therefore will be an opportunity for us to engage on the results achieved and how we can better our activities towards achieving the vision of the Beijing Conference including SDG 5 (1-3) which aims to achieve gender equality and empower all women and girls.

“To speedily ensure an end to: all forms of discrimination, violence against women and girls, in the public and private spheres, including trafficking and other types of exploitation, all harmful practices, such as child, early and forced marriage and female genital mutilation.

“We must therefore, increase the tempo of our current efforts to keep hope alive in protecting and upholding the rights of our vulnerable Women and Children across the Nation.”

NAPTIP to Establish Command in FCT to Tackle SGBV

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VP Shettima Restates FG’s Commitment To Improved Healthcare Delivery

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VP Shettima Restates FG’s Commitment To Improved Healthcare Delivery

By: Our Reporter

Vice President Kashim Shettima has restated the Federal Government’s commitment to improving healthcare delivery in Nigeria, especially in rural areas.

He specifically recognised the critical role of medical professionals in Nigeria’s healthcare ecosystem, assuring of the government’s commitment to supporting and retaining healthcare talent in the country.

Speaking during a visit by a delegation from the West African College of Physicians (WACP), VP Shettima commended healthcare professionals for their dedication to serving the nation, despite challenges.

“Yours is a very noble profession and many of the young ones are opting to leave the country but you did not. It’s not because you have not had options, but you felt a moral obligation to stay at home and serve,” he said.

The Vice President assured the delegation that the government, under the leadership of President Bola Ahmed Tinubu, is committed to addressing healthcare challenges.

He highlighted the appointment of Professor Muhammadu Ali Pate as the Coordinating Minister for Health and Social Welfare, noting the Minister’s deep understanding of the health sector.

“We will treat members of our professional bodies with dignity and respect. We will provide the enabling ground for you to work in Nigeria,” VP Shettima promised.

Recalling his efforts to support healthcare education in Borno State, the Vice President said, “In 2014, as governor of Borno State, I took it upon myself to sponsor female citizens of the state to study Medicine and Surgery in Sudan.

“The students have all graduated and licensed by the Medical and Dental Council of Nigeria (MDCN) to practice medicine in Nigeria and are under the employment of the state government.”

He emphasised the government’s moral obligation to assist the people, saying, “We have a moral obligation to assist our people. In the fullness of time, we will have a course to rejoice. We will support you.”

Earlier, the leader of the delegation, Dr. Jeremiah Aboi Madaki, thanked the Vice President for his support of the 48th Annual General and Scientific Conference of the West African College of Physicians.

Madaki expressed optimism about the government’s commitment to improving healthcare systems, even as he shared the communique of the conference with the Vice President.

“We are here to thank you for your encouragement and for advancing discussions on health system revitalization under the President Bola Ahmed Tinubu’s Renewed Hope Agenda,” he said.

Dr. Madaki also assured of the College’s commitment to policy advocacy and its plans to work closely with the government to implement evidence-based policies that improve healthcare outcomes in Nigeria.

Other members of the delegation included Dr. Habibu Galadanci, Dr. Ogugua Osi-Ogbu and Dr. Tahir Umar.

VP Shettima Restates FG’s Commitment To Improved Healthcare Delivery

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A New Era for the Nigerian Army: Setting Agenda/Defining the Priorities for General Oluyede – The Gift, the General, the Legend

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A New Era for the Nigerian Army: Setting Agenda/Defining the Priorities for General Oluyede – The Gift, the General, the Legend

By Zagazola Makama

The recent appointment of Lieutenant General Olufemi Oluyede as the Acting Chief of Army Staff following the passing of Lt Gen Taoreed Abiodun Lagbaja marks a significant milestone in Nigeria’s quest for enhanced national security. With rich resume of command and staff appointments, General Oluyede is well-equipped to tackle the multiple internal/external security to defend the territorial integrity challenges assailing Nigeria.

A consummate infantry officer who has held several respective challenging positions to mention a few, Gen Oluyede’s was the Platoon Commander and adjutant at 65 Battalion, Company Commander at 177 Guards Battalion, Staff Officer Guards Brigade, Commandant Amphibious Training School and many more.

General Oluyede participated in several operations, including the Economic Community of West African States Monitoring Group (ECOMOG) Mission in Liberia, Operation HARMONY IV in Bakassi, and Operation Lafiya Dole and HADIN KAI in the North East theatre of operations, where he commanded 27 Task Force Brigade and Commander Sector 2 of the Nigerian Army at the peak of the Boko Haram insurgency in 2020. His resume speaks for itself, a resolute leadership in a time of need.

As General Officer Commanding 6 Division of the Nigerian Army, Port Harcourt, he explicitly distinguished himself as a gallant commander who gave oil thieves in the Niger Delta region a bloody nose. He was also the Commander of the elite Infantry Corps in Kaduna where stripped an indelible mark with pragmatic transparency. With great leadership skills, he served until this current appointment as the Acting Chief of Army Staff. The mantle is passed to a General of soldiers but a father to all, passionate and dedicated leader.

As he takes charge, General Oluyede has his work cut out for him at a time the country is buffeted by the multiplicity of internal and external challenges ranging from terrorism, insurgency, cross-border banditry, kidnapping, secession agitation, attacks on maritime assets, other forms of violent criminalities and transnational crimes. Being the linchpin in the country’s internal security operations, the Nigerian Army, which he now leads, is currently deploying its troops in 36 out of 36 states of the federation for one significant operation or the other. This sphere could only be a position suited for a decorated General like the new Chief of Army Staff, who no doubt will deliver.

Expectedly, Nigerians are holding their breath in anticipation as they eagerly await the new Army Chief’s plan of action and how he intends to tackle the country’s numerous security challenges. But feelers from close quarters indicate that the gallant infantry General would prefer to maintain the momentum he met ” another wise turn of leadership as others could have made changes too sudden and too gullible to begin. He is said to have decided to continue from where his late predecessor and former course mate stopped as the wise saying goes ‘building a house or bridge has its foundation:. In fact, he has adopted both the administrative and command structure put in place by Gen Lagbaja, including so worthy of emulation to include his mission, vision and command philosophy, at least for now.

This spectacular commitment to continuity and building on existing foundations is lauded by close watchers considering the current momentum steering in the entire battle against terrorism, insurgency and banditry in the country. What this translate to is that Gen Oluyede appreciates the quality of work done by his predecessor and understands the imperative of maintaining the momentum leveraging on team work, shared purpose and collective action which the Nigerian Army is well known for.

Even though his coming into the saddle was never foretold given the unexpected demise of the 23rd Chief of Army Staff, Gen Oluyede, true to type as a gallant General of the Nigerian Army, has since appointment hit the ground running. Just couple days in office, he took a trip to Sokoto State where the terrorist group aka Lakaruwas were reported to have commenced attacks on some communities. To see things himself and assesses the readiness of his troops to confront the new challenge, this spark is the beacon light of motivation, morale and high spirits needed for operatives on internal security operations in the field. During that visit, he charged up the troops to deal decisively with situation and ensure that the terrorist group are totally obliterated. Few days ago in Kaduna where he went to hand over formaly to his successor at the Infantry Corps, the Army Chief disclosed that what is uppermost in his mind were the welfare of personnel and the protection of Nigeria’s national security. Another posture of wisdom and the administration of office.

As General Oluyede begins his tenure, several key areas, in our reckoning, demand attention in order to effectively to tackle Nigeria’s internal security challenges, and this include prioritizing decisive action against the Boko Haram/ISWAP insurgency in the north east and surrenders from the group and the War against Banditry in the North West. Even though the efforts in those theatre’s of operation is up and running effectively so, it is expected that he will add more fillip to the operational effectiveness of the troops.

One key area that the new Chief was already paying close attention is interagency collaboration, synergy and liaison: Fostering seamless collaboration with sister services and other security agencies is crucial to tackling Nigeria’s complex security landscape. During his recent visit at the Nigerian Army School of Finance and Administration(NASFA), Apapa, Lagos, he charged Regimental Seargent Majors (RSM)of the Nigerian Army, Navy, Air Force and the Nigeria Police to curb inter agency rivalry and be exemplary in carrying out their statutory duties as custodians of discipline,regimentation, as well as customs and traditions of their various services.

It is good that the General has already identified welfare of his troops as one of his top priorities, we expect him to also up-build the capacity of the troops through adequate training and provision of needed equipment and combat enablers that will make the job easy for the gallant soldiers. There is no doubt that enhanced personnel welfare and capacity building will enhance morale and operational effectiveness of the troops.

Gen Oluyede should also embrace innovative strategies to address emerging security threats. This is important because there is the need for him to think outside the box and come up with ingenious ideas considering that the traditional methods may not have been effective enough to address the complex emerging security challenges that Nigeria is confronted with. He will need to adopt multi-dimensional approach community engagement – building trust with local communities to gather intelligence and prevent violent groups from taking foothold. Again, he is in a challenging spot with the activities of extremist and junta authorities in the SAHEL where the right approach or measures to intensely secure and defend Nigeria’s integrity is paramount.

By focusing on these key areas and embracing the principles of continuity, innovation, and accountability, General Oluyede will no doubt primed to lead the Nigerian Army to greater heights and ensure a safer, more secure Nigeria for all. We at Zagazola Media Network wish him a successful tour of duty.

Zagazola Makama is a counter insurgency expert and security analyst in the Lake Chad Region.

A New Era for the Nigerian Army: Setting Agenda/Defining the Priorities for General Oluyede – The Gift, the General, the Legend

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