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ECOWAS Court Orders Côte d’Ivoire to Pay CFA50 million for Violation of Citizens Rights

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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

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Over 930, 000 persons benefit from ACReSAL Projects in Gombe

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Over 930, 000 persons benefit from ACReSAL Projects in Gombe

Mr Mohammed Fawu, the Gombe State Commissioner of Water, Environment and Forest Resources, has stated that no fewer than 930,162 persons across the state have benefitted from the implementation of the World-Bank-funded Agro-Climatic Resilience in Semi-Arid Landscapes (ACReSAL) Project in the state within the past three years

Fawu stated this in Gombe on Monday while declaring open a four-day training of enumerators for ACReSAL Third Party Assessment.

Fawu stated that Gombe State has within the three years received disbursements amounting to $27.51 million for the implementation of the project which had impacted positively on the lives of residents.

He said that the projects so far implemented have contributed to combating land degradation, erosion, and climate change while improving on the lives of persons living around communities were projects were executed.

“Gombe State has advanced a wide range of landscape and community-level interventions, including: establishment of 313 hectares of woodlot plantation.

“Upgrading of Kanawa Forest into a biosphere resort and botanical garden, indigenous tree plantations and roadside shelterbelts spanning 110 kilometres.

“Canalization of Balanga Dam irrigation channels covering 6,329 hectares provision of 250 wash boreholes to support irrigation farming.

“ At the community level, we have distributed clean cook stoves to 3,000 households, provided rainwater harvesting facilities to 1,000 households and institutions, and supplied drought-tolerant seeds to 10,000 farmers.

“Solar-powered irrigation schemes, borehole drilling, and Community Revolving Fund activities are ongoing, supporting agro-processing, livestock, and farm enterprise development,” he said.

He added that ACReSAL has strengthened smart agricultural practices through the establishment a farm centre dedicated to training and research.

Fawu commended the partnership between the Gombe State government and World Bank, which he said has impacted several sectors while improving the livelihoods of residents of Gombe State.

On his part, Dr Sani Jauro, the Gombe State ACReSAL Project coordinator said that no fewer than 220 enumerators drawn from the 19 Northern States and the Federal Capital Territory were being trained.

Jauro said that the third-party assessment would ensure unbiased review of the projects so far implemented by ACReSAL from independent party.

He said the assessment was part of the procedure of ACReSAL project implementation meant to review the progress and challenges of the projects by enumerators who are not involved in the day-to-day running of ACReSAL projects.

Jauro urged the enumerators to carry out their jobs with fairness and be just in their report, adding that “the credibility of the exercise lies on your shoulder.”

On her part, the World Bank Task Team Leader, Dr. Joy Agene who was represented by Mr Joseph Abang, Operations Officer with World Bank said the assessment would unravel what has changed since the commencement of the implementation of the project.

Agene urged the enumerators to be steadfast and report accurately in line with the essence of the exercise.

Over 930, 000 persons benefit from ACReSAL Projects in Gombe

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Police repel attack during attempt to arrest suspected bandit leader, one killed in Kano

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Police repel attack during attempt to arrest suspected bandit leader, one killed in Kano

By; Zagazola Makama

The Police Command in Kano State has repelled an attack on its personnel during an operation to arrest a suspected bandit leader in Bichi Local Government Area.

Security sources told Zagazola Makama that the incident occurred at about 6:30 p.m. on March 22, following a distress call from Tudun Wulli Outpost.

According to the sources, a team of the Anti-Kidnapping Squad, led by ASP Abubakar Musa, acted on credible intelligence and trailed a suspected bandit leader identified as Muhammad, also known as “Senator” or “Kirchi,” who had reportedly visited Tudun Wulli village for Sallah celebrations.

“The suspect was sighted in possession of an AK-47 rifle, but upon attempt to apprehend him, he fled into a crowd,” the source said.

The situation escalated when a mob allegedly attacked the police team with stones and other dangerous weapons, injuring ASP Lawali Hamidu and damaging the windscreen of a patrol vehicle.

“In the process of tactical withdrawal, four persons sustained gunshot injuries and were rushed to General Hospital, Bichi, for treatment,” the source added.

One of the victims, identified as Halima Saidu, was later confirmed dead by a medical doctor, while the others are responding to treatment.

The police personnel involved in the operation were safely evacuated, and additional security deployments have been made to the area to forestall further breakdown of law and order.

The command said the situation has been brought under control, adding that investigations are ongoing, while efforts are being intensified to apprehend the fleeing suspect.

Police repel attack during attempt to arrest suspected bandit leader, one killed in Kano

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Two suspects arrested over killing of cows in Benue

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Two suspects arrested over killing of cows in Benue

By: Zagazola Makama

Security operatives have arrested two suspects over the killing of cows and recovery of suspected stolen meat in Guma LGA of Benue State.

Sources said the suspects, identified as Sylvester Kuman and Nyitor Akaangee, both of Udei Village, were arrested at about 1:00 p.m. on March 22 following credible intelligence.

Items suspected to be cow meat were recovered from the suspects during the operation.

Authorities said efforts were ongoing to track and arrest other accomplices, while investigations had commenced to determine the full circumstances surrounding the incident.

Two suspects arrested over killing of cows in Benue

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