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ECOWAS Court Takes Decision on Mali Versus Société Damou-So SARL Case
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
National News
VP Shettima Departs Abuja For Dakar To Represent President Tinubu At Senegal’s 65th Independence Anniversary
VP Shettima Departs Abuja For Dakar To Represent President Tinubu At Senegal’s 65th Independence Anniversary
By: Our Reporter
The Vice President, Senator Kashim Shettima, has departed Abuja for Dakar, Senegal, to represent President Bola Ahmed Tinubu at the country’s 65th Independence Day Anniversary celebrations.
Senegal celebrates its Independence Day on April 4 each year, commemorating its freedom from French colonial rule in 1960. The day is marked by national pride, with ceremonies, parades and cultural events.
The Vice President’s attendance at the annual event is in honour of an invitation extended to President Bola Ahmed Tinubu by the Senegalese President, Bassirou Diomaye Faye, following the strong mutual relationship between Nigeria and Senegal.
The independence Day celebrations will be held at the Place de la Nation in Dakar, with President Faye playing host to Vice President Shettima and other distinguished guests from across Africa and beyond.
The Vice President is expected to return to Nigeria tomorrow after the one-day event.
VP Shettima Departs Abuja For Dakar To Represent President Tinubu At Senegal’s 65th Independence Anniversary
President Tinubu Laying Foundation For A Better Nigeria, Says Hajiya Nana Shettima
- Tasks Nigerians on constructive criticism of government actions, policies
By: Our Reporter
Wife of Nigeria’s Vice President, Hajiya Nana Shettima, has scored the administration of President Bola Ahmed Tinubu very high, saying the President is building a better Nigeria for Nigerians through his laudable economic policies, various empowerment initiatives and investments in key sectors of the economy.
And to help the President secure a better future for all Nigerians, the VP’s wife also encouraged the citizens not to relent in giving very useful advice to the government, urging them to be more constructive in their criticism of the administration instead of just attacking for political reasons.
Hajiya Nana Shettima spoke on Wednesday in Maiduguri, the Borno State capital, during the annual Ramadan feast, which had in attendance women groups and students
Emphasizing the determination of the Tinubu administration to leave a lasting legacy for generations to come, she said, “President Bola Ahmed Tinubu is baking a new cake for us that are alive today, and for the Nigerian children and grandchildren that are coming behind us. It is who he is ably supported by our lovely First Lady, Senator Oluremi Tinubu.”
Hajiya Nana Shettima noted that the President means well for the people of Borno State as well as Nigerians in all parts of the country, even as she urged the citizens to always pray for President Tinubu and members of his cabinet.
“I can tell you that he (the President) means well, not only for Borno people but for the entire nation. We should not forget him and his subordinates in our prayers,” she added.
She further commended the First Lady of Nigeria, Senator Oluremi Tinubu, for her contributions towards actualizing the agenda of the administration, especially through the Renewed Hope Initiative which she said has impacted many lives, including women, children and people with disabilities.
Also speaking at the event, the Director General of Maryam Babangida Centre for Women Development, Abuja, Dr Asabe Bashir, admonished women and the people of Borno State to imbibe the teachings of the just concluded Ramadan.
She also sought the people’s support and prayers for President Tinubu, thanking the President for picking his deputy from Borno State.
She said, “I always reiterate the importance of prayer because without prayers we can do nothing in life. We have just come out of Ramadan; let us imbibe that culture and lessons we received during the 29-day fast. We need to continue with the spiritual reflection.
“We should thank God and President Bola Tinubu for remembering the people of Borno State again by bringing the seat of the Vice President, not just to the North-East region but to Borno State after Ambassador Babagana Kingibe was elected along with the late Chief MKO Abiola so many years ago.
“We must continue to pray for the administration of President Bola Tinubu because if it succeeds, we succeed,” Dr Bashir added.
On his part, the Speaker, Youth Assembly of Nigeria, Tijjani Abubakar, thanked President Tinubu for his support to Nigerian youths through various youth empowerment initiatives.
Also, Dr Martins Ekunke, who spoke on behalf the South-South, Yoruba and Igbo communities residing in Borno State, commended the First Lady, Senator Oluremi Tinubu, for galvanizing support for people living with HIV/AIDS through her pet project, the Renewed Hope Initiative.
Among those that attended the annual Sallah feast hosted by Hajiya Shettima, were the wife of the Speaker of Borno State House of Assembly, Hajiya Maryam Lawan; wife of the Deputy Speaker of Borno State House of Assembly, Hajiya Laure Musa-Askira; female Commissioners and political appointees.
Also in attendance were women groups, members of the Borno State chapter of the Nationals Association of Nigerian Students, as well as the leaders of South-South, Igbo and Yoruba communities residing in Borno State, among others.
President Tinubu Laying Foundation For A Better Nigeria, Says Hajiya Nana Shettima
UNILORIN Alumni Commences Tinubu on Appointment of Nandap, Omotowa, Aribisala
By: Michael Mike
The National Headquarters of University of Ilorin Alumni Association has lauded President Bola Tinubu for appointing three of its members into various leadership positions in the country.
Those appointed were Comptroller General of Immigration, Mrs Kemi Nandap,, whose tenure was elongated till December 2026, Non Executive Director of NNPC, representing North Central, Mr Babs Omotowa- and the Pioneer Vice Chancellor of Federal University of Technology and Environmental Sciences, Iyin-Ekiti, Prof. James A. Aribisala.
In a congratulatory message to the trio, the National President, Prof. AbdulRasaq Kilani, and the National Secretary, Dr Barakat Raji, said the Association received the news of the appointments with excitement.
The Alumni, who commended President Tinubu for selecting the best for their various positions, assured him that the three alumni would not disappoint him in attaining the goals set for them to achieve.
While felicitating with the appointed members on their well-deserved appointment, the Association charged them to always show the excellence in them in surpassing the targets set for them by Mr President.
The Association who extolled the pedigrees of the appointed members in their various fields, implored them to live up to the expectations of the slogan of the institutions “better by far” in all ramifications.
The Alumni then prayed for their successful tenure and tasked them not to hesitate to reach out to them whenever their services are needed in any capacity towards national development.
UNILORIN Alumni Commences Tinubu on Appointment of Nandap, Omotowa, Aribisala
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