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ECOWAS Court Orders Côte d’Ivoire to Pay CFA50 million for Violation of Citizens Rights
ECOWAS Court Orders Côte d’Ivoire to Pay CFA50 million for Violation of Citizens Rights
By: Michael Mike
The ECOWAS Court of justice on 30th of November, 2023, declared the State of Côte d’Ivoire liable for violation of rights of Adou Kouamé and nine other Ivorians, and ordered the Ivorian government to pay 50 million CFA Francs to each of them as compensation.
In its judgement delivered by Hon Justice Ricardo Claúdio Monteiro Gonçalves, Judge Rapporteur, the Court declared that the Respondent – State of Côte d’Ivoire violated the right to healthy environment and health, right to private and family life, right to adequate standard of living and food, right to freedom of religion and right of minorities to have their own culture.
However, the Court dismissed the Applicants – Adou Kouame and Others’ claim that their right to property was violated, for lack of sufficient evidence of ownership. The Court also declared the second, thirteenth and fourteenth Applicants in the suit as improper parties before the Court, stating that they did not present evidence showing their relationship with the parents they claimed to be representing respectively. The Applicants request for collective compensation was dismissed by the Court too.
In the case with suit number ECW/CCJ/APP/08/21, the Applicants – Adou Kouame, village head of Similimi and 14 other residents, claimed that the State of Côte d’Ivoire’s failure to protect them from the negative effects of the mining activities in their community violated their right to healthy and sustainable environment, and health, right to religious and cultural freedom, right to private and family life, right to adequate standard of living and food, and right to property guaranteed under international laws cited in the application.
The Applicants’ lead counsels, Mr Rashidi Ibitowa, Ms Geneviève Aïssata Diallo and Mr Jonathan Kaufman argued that the Ivorian government did not “take measures to give effect to human rights protected by international law,” adding that the mining operations have had adverse effects on plantations, forests, rivers and places of worship causing them health hazards from polluted water, polluted air, explosions, noise pollution and ground tremors. And that their ancestral places of worship were destroyed by the mining activities including altars for sacrifices and they are of the opinion their ancestors are angry with them because their prayers and invocations were no longer answered.
They also asked the Court to hold the State liable for failure to validate the impact assessment results of 2010 that would have resettled them, adding that the Ministry of Mining and Geology renewed the mining licence of the company in 2018 despite the fact that the environmental damage persisted, and the company had not fulfilled its obligations.
They demanded 12 billion CFA francs as compensation for the estimated 600 residents of Similimi, and another 3 billion CFA francs for the Applicants for the prejudice suffered, and an order for their resettlement, among other reliefs.
The Respondent – State of Côte d’Ivoire said that following the exploitation of the mines, and the residents’ demand for compensation from the mining company as well as complaint of adverse effect on water and human health, the Minister of Environment engaged its agencies – Ivorian Anti-Pollution Centre (CIAPOL) and the National Environment Agency (ANDE) and that their reports led to the suspension of the activities of the mining company by an Order of 11 November 2015.
However, the company was allowed to resume activities in 2016 while implementing corrective measures, adding that periodic meetings between all parties continued until 2020 and that a general meeting was also held in 2021.
The Respondent asked the Court to declare the case inadmissible arguing that the matter was within the jurisdiction of national courts and that the claims of the Applicants were ill-founded and should be dismissed.
In the judgment, the Court which held that the matter was within its jurisdiction, also asked the State of Côte d’Ivoire to ensure the residents of Similimi community located in Bondoukou district in Côte d’Ivoire were resettled in compliance with relevant laws, ensure a healthy environment is restored rapidly, end the ongoing environmental degradation, and hold the perpetrators responsible for the environmental degradation.
The State of Côte d’Ivoire was ordered to bear the cost of litigation, and submit to the Court within three months, measures taken to implement this judgment.
Also on the bench were Justices Edward Amoako Asante (presiding) and Dupe Atoki (Member).
ECOWAS Court Orders Côte d’Ivoire to Pay CFA50 million for Violation of Citizens Rights
News
VP Shettima To Insurgents: We Will Not Be Cowed By Attempts To Undermine Our Collective Peace
VP Shettima To Insurgents: We Will Not Be Cowed By Attempts To Undermine Our Collective Peace
By: Our Reporter
Following President Bola Ahmed Tinubu’s reaching out to the government and people of Borno State regarding the latest insurgency attack in the State, Vice President Kashim Shettima has assured that the administration of President Bola Ahmed Tinubu will not be cowed by despicable acts of cowardice and a doomed attempt to undermine the collective peace of the nation.
Deploring the attacks, including the abductions in Ngoshe and the coordinated assaults on military formations in Konduga, Marte, Jakana, and Mainok, the Vice President reaffirmed that the administration remains resolute in its duty to protect the lives and properties of all Nigerians.
In a statement on Saturday, Senator Shettima emphasised that the Federal Government is already deploying additional tactical assets and intelligence-driven reinforcements to the affected areas.
“The events of the past few days are a painful reminder of the shadow that persists, but let it be known: we choose light over shadow, and hope over despair. Our difference as a nation is the distance between the ruin of anarchy and the promise of order.
“President Bola Ahmed Tinubu has been briefed and has already directed a swift and total mobilisation of our security architecture. The Federal Government will not tolerate any sanctuary for those who seek to displace our people or occupy an inch of Nigerian soil,” he said.
The Vice President assured that the perpetrators of these beastly crimes would face the full wrath of the law.
He continued: “We are not just fighting a war. We are defending the very soul of our humanity against those who preach a toxic rhetoric of hate, and we will not be cowed by their gory acts.
“Our hearts bleed for the families in and the brave soldiers who paid the supreme price in the line of duty. This administration will not rest until abducted citizens safely reunite with their families.”
VP Shettima commended the resilience of the people and government of Borno State under Governor Babagana Zulum and praised the gallantry of the troops on the frontlines.
“We remain one nation, tied to a common destiny. The sanctity of human life is non-negotiable. This madness will be brought to an end, not with empty words, but with the decisive and overwhelming force of the Nigerian State,” he further assured.
VP Shettima To Insurgents: We Will Not Be Cowed By Attempts To Undermine Our Collective Peace
News
Two miners killed, five injured in clash at Zamfara mining site
Two miners killed, five injured in clash at Zamfara mining site
By: Zagazola Makama
Two miners have been killed and five others injured following a clash at a mining site in Abare area of Bukkuyum Local Government Area of Zamfara.
Police sources said the incident occurred on March 5 at about 8:30 a.m. at a mining site in the community.
The sources said the crisis was triggered when a member of an outlawed vigilance group, locally known as Yan Sakai, allegedly stormed the site and attempted to enforce observance of the ongoing Ramadan fast among Muslim miners.
According to the sources, the suspect, identified simply as Kaura, allegedly arrested some of the miners, accusing them of refusing to observe the fasting period.
He was also said to have imposed compulsory levies on those arrested.
The action was reportedly resisted by some miners who objected to the arrest and the alleged illegal levies.
The suspect was said to have retreated from the site following the resistance but later returned with other members of the outlawed group and attempted to effect further arrests.
This led to a confrontation between the two groups, resulting in panic and tension across the mining site.
During the clash, two miners were killed while five others sustained injuries.
Security forces were immediately deployed to the scene after receiving the report.
The injured victims were taken for medical treatment, while investigations have commenced to identify and apprehend those responsible.
No arrest had been made as of the time of filing the report.
Two miners killed, five injured in clash at Zamfara mining site
News
Army troops neutralise 45 bandits in Katsina, including top bandit leader Kachallah Alti
Army troops neutralise 45 bandits in Katsina, including top bandit leader Kachallah Alti
By: Zagazola Makama
Troops of the Nigerian Army have neutralised 45 suspected bandits during a fierce encounter in Danmusa Local Government Area of Katsina State.
Security sources said the operation followed credible intelligence on the movement of bandits suspected to be operating across parts of Katsina and neighbouring Zamfara.
Among those killed during the operation were two top bandit leaders identified as Alti, said to be a nephew and second-in-command to notorious bandit kingpin Adamu Alieru, and another commander known as Damale.
The sources said the confrontation occurred after bandits riding on motorcycles and armed with sophisticated weapons attacked Alhazawa village in Musawa Local Government Area on March 5, rustling cattle from residents.
Community members and some repentant bandits in the area reportedly resisted the attack, killing four of the bandits and recovering the stolen cattle, which were returned to their owners.
However, the bandits were said to have regrouped and returned in larger numbers on March 6, allegedly to launch a reprisal attack.
While moving toward Musawa through Maidabino A Ward, the bandits encountered troops deployed at the Forward Operating Base (FOB) in Dan Ali, Danmusa LGA.
This led to a fierce gun battle during which troops overpowered the criminals and neutralised 45 of them.
However, the operation recorded casualties on the side of the military as three soldiers were killed during the encounter.
Further checks indicated that Alti had recently assumed a more active operational role within the bandit network after the death of his brother, Kachalla Dan Isihu, who was previously killed by security forces during counter-banditry operations.
Alti was said to have coordinated several violent attacks across communities, particularly along the Danjibga axis in Tsafe Local Government Area of Zamfara.
Security sources said troops had intensified operations in the area to track down other fleeing bandits and dismantle their networks.
Army troops neutralise 45 bandits in Katsina, including top bandit leader Kachallah Alti
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