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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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ECOWAS Court Leadership Visits ECOWAS Commission Auditor General for Collaboration

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ECOWAS Court Leadership Visits ECOWAS Commission Auditor General for Collaboration

By: Michael Mike

The President of the ECOWAS Court of Justice, the Honourable Justice Ricardo Claúdio Monteiro Gonçalves, accompanied by the Honourable Justice Sengu Mohamed Koroma, Vice-President of the Court, paid a courtesy visit to the Office of the ECOWAS Auditor General on 16 October 2024.

This meeting marks the beginning of a strengthened collaboration between the two institutions, in a spirit of transparency and good governance within the Community. 
In his address, João Alage Mamadu Fadia, Auditor General of ECOWAS Institutions, hailed the visit as a highly symbolic gesture, reflecting the willingness of the Court’s new management to work closely with his Office.

He recalled the scope of the ECOWAS mission, by stating that: ‘Serving a community of 15 Member States and more than 400 million citizens is an immense responsibility’. He also emphasized that the audit function is not limited to a control role, but also includes accompanying and advising institutions, in order to help them adhere to best governance practices. 

‘Our role is not to police, but to ensure that administrative and financial operations comply with established standards,’ he said.

He added that collaboration with the Court of Justice was crucial to enhancing transparency in the management of public affairs. 

In response, the Honourable Justice Ricardo Gonçalves expressed his commitment to working closely with the Office of the Auditor General throughout its mandate. ‘We recognise the important role of audit in improving our internal processes. We are here to express our willingness to follow your recommendations and to benefit from your advice in order to ensure sound and transparent management of the Court’, he said.

The President of the Court, who was also accompanied by the Chief Registrar, Dr. Yaouza Ouro-Sama, stressed that the management of the Court’s judicial and administrative affairs required meticulous rigour. He added that cooperation with the Office of the Auditor General would be a key factor in the Court’s success in meeting the highest standards of governance and accountability.

The Auditor General, surrounded by several members of his team, including the Director of Operational Audit and the Director of Performance Audit, reiterated his commitment to supporting the Court throughout his mandate, affirming that his Office will always be available to provide technical and advisory support.

ECOWAS Court Leadership Visits ECOWAS Commission Auditor General for Collaboration

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Yobe Gov’t Constitutes Ten-Man Committee On New National Minimum Wage

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Yobe Gov’t Constitutes Ten-Man Committee On New National Minimum Wage
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By: Sule Mamudo
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The Yobe State, Governor His Excellency Hon. Mai Mala Buni CON has approved the constitution of an ten-man committee on the new National Minimum wage recently approved by the federal government.

The ten-man Committee to be the chaired by the Secretary to the State Government has the state Head of the Civil Service as Co- Chair while the remaining will serve as members.

The members of the committee includes the Hon. Commissioner of Finance, Alh. Mohammed Abatcha Geidam, Budget and Economic planning Alh. Garba Gagiyo, Local Govt and Chieftaincy Affairs, Alhaji Ibrahim Adamu Jajere FCNA, and the State Accountant General.
Others are Chairman Nigeria Labour Congress (NLC), Comrade Mukhtar Musa Tarabutu and TUC Bulama Musa while the Perm Sec Establishment Shuaibu Ibrahim Amshi and that of Public Service Office of the Head of Service Alh Dr. Bukar Kilo mni will serve as secretary and co-secretary respectively.

The ten man Committee will among other terms of reference workout modalities on the successful implementation of the new national minimum wage in the state.

The Committee will also determine the financial implication of the implementation of the new minimum wage at the State and Local Government in addition to make recommendations for Government consideration.

Yobe Gov’t Constitutes Ten-Man Committee On New National Minimum Wage

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UN Women Poaches Christian Religious Leaders to Combat Violence Against Women, Girl

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UN Women Poaches Christian Religious Leaders to Combat Violence Against Women, Girls

By: Michael Mike

UN Women and the Organisation of African Instituted Churches (OIAC) have called for Christian leaders to escalate action to curb violence against women and girls.

This appeal came during a two-day UN Women and Ford Foundation-supported workshop for members of the OAIC.

OAIC is a community of leaders of different churches. The workshop aimed to enhance the knowledge of Christian leaders of the nuances of gender-based violence, initiate collective action against gender-based violence through the various church mechanisms, and provide the opportunity for Christian leaders and churches to network and consolidate on the fight against gender-based violence.

According to the World Health Organisation (WHO), one in three women worldwide has experienced physical and/or sexual violence in their lifetime. The United Nations Population Fund (UNFPA) reports that an estimated 137 women are killed daily by a partner or family member globally, highlighting the severe consequences of GBV.

In Nigeria, GBV remains a significant challenge, manifesting in various forms, such as domestic violence, sexual assault, and harmful traditional practices. These issues are often perpetuated by cultural norms and religious misinterpretations that justify violence and discrimination against women and girls.

Religious leaders, as moral guides and influencers within their communities, play a critical role in either reinforcing these harmful norms or championing efforts to eradicate GBV, this informed the reason behind organizing the workshop to lobby them.

According to a statement by UN Women on Thursday, the workshop is intended to impact sermons delivered by clergies and Christian leaders so that messages delivered over the pulpit have interpretations of religious texts and tenets that address gender inequality, condemn gender-based violence and harmful traditional practices, and promote gender justice.

UN Women Programmes Officer Ibrahim Nurudeen facilitated sessions that demystified some harmful social norms and beliefs common in the religious cycle. Participants affirmed that some tenets need to be appropriately communicated in the contemporary context.

According to the President of the Christian Association of Nigeria, Rev. Daniel Okoh, “We must use this opportunity to deal with deprivation of opportunities for the female members to exercise their God-given talents by their spouses and the leadership of their churches. We must first deal with these issues connected to GBV before we can effectively give moral leadership in this advocacy and, indeed, the battle”.

The workshop provided an in-depth analysis of GBV’ssocio-economic impact, its implications, and the critical role of religious leaders in combating this issue.Participants were equipped with strategies to incorporate gender equality principles in their messages, marriage counselling, and promoting healthy and respectful relationships.

President, OIAC Nigeria, Israel Akinadewo said: “Conclusively, as a noble organisation as ours, I would appeal that after these sessions, we become champions of spiritual battalions combating any form of GBV.”

The statement said by empowering religious leaders with the knowledge and tools they need, UN Women aims to drive a transformative socio-cultural shift towards a more just, equitable, and violence-free society in Nigeria and across West Africa.

UN Women Poaches Christian Religious Leaders to Combat Violence Against Women, Girls

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