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ECOWAS Court Dismisses NGO’s Claims of Rights Violations by the Nigerian Government
ECOWAS Court Dismisses NGO’s Claims of Rights Violations by the Nigerian Government
By: Michael Mike
The ECOWAS Court of Justice has dismissed the claims of human rights violations brought by a non-governmental organisation (NGO) that asked the Court to hold the Federal Republic of Nigeria liable for breaching its international obligation to protect human rights.
Justice Sengu Mohamed Koroma, Judge Rapporteur who delivered the judgment on Thursday said the Court dismissed all claims of rights violations due to lack of facts and evidence in support of the allegations, and ordered the NGO to pay a nominal cost of N100,000 to the Nigerian government.
The initiating application with suit number ECW/CCJ/APP/40/21 was filed on 22 July 2021 by The Registered Trustees of HEDA (Human and Environmental Development Agenda) Resource Centre, a registered NGO focused on anti-corruption, and non-partisan human rights and development in Nigeria.
The suit was premised on alleged failure of Nigeria to guarantee the rights to life, dignity of the human person, physical and mental health, and right to healthy environment for Nigerians particularly those residing in the oil producing areas of Nigeria.
Relying on Articles 1, 4, 5, 16 and 24 of the African Charter on Human and Peoples’ Rights (ACHPR), the Counsel representing the NGO claimed that despite the prohibition of gas flaring by an Act of government “Association of Gas Reinjection Act of 1979, gas flaring persisted, thereby exposing the people living in the oil producing areas to hazards including cancer, lung damage, deformities in children and skin problems.
He further claimed that environmental pollution from gas flaring contributed to global warming and climate change, adding that Nigeria’s failure to tackle it, has resulted in damaging effects on lives, the environment and monetary loss.
The NGO asked the Court to declare the continuous gas flaring in Nigeria as illegal and a gross violation of fundamental rights, and that the Nigerian government is obliged to stop gas flaring in Nigeria. It also demanded orders of the Court compelling the government to enforce gas flaring regulations against defaulters, and direct it to collect fines from defaulters.
In response, the State of Nigeria denied all the claims made by the NGO. The Counsel for the Respondent averred that the claims lacked facts and evidence, and were baseless, and urged the Court to dismiss them.
In its findings, the Court noted that the Respondent adduced proof of updated laws on regulation of the petroleum industry and other implementation measures taken to improve the environment in oil producing area and decrease gas flaring. It also noted that the NGO did not counter the submissions of the Respondent concerning its efforts to protect host communities.
As a matter of fact, the Court observed the failure of the NGO to provide any evidence supporting its claim of loss of lives, breach of the right to dignity of the human person, breach of right to physical and mental health, and lack of provision of a healthy environment owing to gas flaring. The Court therefore dismissed the claims for lack of proof.
Also on the panel were Justice Dupe Atoki and Justice Ricardo Claúdio Monteiro Gonçalves.
ECOWAS Court Dismisses NGO’s Claims of Rights Violations by the Nigerian Government
News
Four police officers injured in patrol vehicle crash on Yelwata–Makurdi road
Four police officers injured in patrol vehicle crash on Yelwata–Makurdi road
By: Zagazola Makama
Four personnel of the 18 Police Mobile Force (PMF) Squadron were injured on Friday when their patrol vehicle was involved in a lone accident along the Yelwata–Makurdi road in Benue State.
Zagazola gathered that the incident occurred at about 9:10 a.m. when the officers, on routine patrol of the axis, were travelling in an official Toyota Hilux driven by Cpl. Augustine Garba. The vehicle reportedly lost control and somersaulted into the bush.
Sources said that the DPO Yelwata mobilised tactical teams to the scene. The injured officers were evacuated and rushed to the Police Clinic in Makurdi for urgent medical attention,” the source said.
Three of the injured personnel were treated and discharged, while one officer remains hospitalised.
Police authorities confirmed that the remaining officer is in stable condition.
The sources said that the Benue Police Command has commenced internal review procedures to determine the cause of the crash and ensure adherence to patrol safety protocols.
Four police officers injured in patrol vehicle crash on Yelwata–Makurdi road
News
Police arrest notorious bandit linked to killings of officers in Benue, Nasarawa
Police arrest notorious bandit linked to killings of officers in Benue, Nasarawa
By: Zagazola Makama
Police operatives in Benue have arrested a suspected notorious armed bandit believed to be responsible for multiple attacks on security personnel in the state.
Zagazola gathered that the suspect, identified as Yongu Justine Makwagh of Kadarko in Nasarawa State, was arrested on Friday at about 8:00 p.m. at Balcony Park in Makurdi following months of sustained surveillance.
It was gathered that the Divisional Police Officer (DPO) of Daudu led the operation after acting on credible intelligence, with reinforcement from operatives of the Inspector-General of Police Intelligence Response Team (IRT) on special duty.
Sources said Makwagh has been on the command’s wanted list due to his alleged involvement in several deadly attacks in the Sankera axis.
“The suspect was earlier linked to the killing of two Safer Highway Police personnel at Yelwata and two operatives of the Department of Operations (DOPS) in Daudu, during which firearms were carted away,” the source said.
The arrest is considered a major breakthrough for the command, which has intensified efforts to dismantle bandit networks operating across Benue and neighbouring states.
Police authorities said the suspect is currently in custody and undergoing interrogation, while further investigations are ongoing to recover additional arms and track his accomplices.
Police arrest notorious bandit linked to killings of officers in Benue, Nasarawa
News
“We are behind you,” Zulum addresses armed forces in Damboa
“We are behind you,” Zulum addresses armed forces in Damboa
By: Our Reporter
Borno State Governor, Professor Babagana Umara Zulum, on Saturday, addressed troops of 25 Task Force Brigade of Nigerian Army, declaring the state’s and its people’s support for their relentless fight against Boko Haram/ISWAP insurgents.
The governor, speaking at a front-line military base in Damboa, sympathised deeply with the officers and soldiers, acknowledging the immense personal sacrifice and hard work they put in daily. He commended what he described as their “giant effort and supreme sacrifice” in the ongoing battle to secure Borno State and protect civilians from the threats of Boko Haram and Islamic State West Africa Province (ISWAP).
Zulum stated, “On behalf of the government and good people of Borno State. We are here in Damboa purposely to commiserate with you over the recent setback which claimed the lives of some of your colleagues.
It is an unfortunate event, and I want to extend my condolences to you and the families of all the officers and men of this brigade who lost their lives while discharging their duties. We pray to Almighty Allah to heal those injured in action as soon as possible.
For those of you who are still alive and healthy, we pray that God will protect you, give you the vision and strength to carry out your duties effectively. You have been doing very well. We have acknowledged your support and would like to commend you.
I want to once again sympathise with you on behalf of the government and good people of Borno State, and to assure you that we will do everything possible within the resources available to us to support your mission and vision to end the crisis.”
The governor was received by the Brigade Commander of 25 Task Force Brigade, Brigadier General Igwe Patrick Omokeh.
The visit was part of Zulum’s tour of communities in southern Borno. Earlier in the day, the governor met with grieving families in Chibok, where he commiserated with them over the loss of lives and property, offering condolences and immediate relief to those that
lost properties.
During the Chibok meeting, the governor announced concrete measures to protect lives and property. He noted that the state government, in collaboration with the federal government and security agencies, is implementing enhanced measures to protect vulnerable communities against future attacks.
“We are here to offer our condolences over what happened these past days in Chibok general area, especially to those who lost their lives. The situation is painful. We are here to show our sorrow over what happened.
Death comes at its appointed time. We offer you our condolences and assure you that, God willing, the issue of insecurity in Chibok will be resolved. We will provide a permanent solution and put an end to it.
We will take action. Please be patient. Our thoughts are with you, and one thing that made me happy is how you have remained calm and stayed in your communities despite everything,” Zulum said. The governor announced financial assistance of N1 million to the bereaved families and N500,000 to those whose properties were destroyed during the recent unfortunate attacks.
“We are behind you,” Zulum addresses armed forces in Damboa
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