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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
Bandits kill seven, abduct three in Sabon Birni border attack in Sokoto
Bandits kill seven, abduct three in Sabon Birni border attack in Sokoto
By: Zagazola Makama
At least seven persons were killed and three others abducted when armed bandits attacked Kyara village, a remote border community in Sabon Birni Local Government Area of Sokoto State, in the early hours of Thursday.
Sources said the attack occurred at about 4:00 a.m. in the village, which lies close to the Niger Republic border and has no mobile phone network coverage.
The bandits, who were said to be in large numbers and armed with sophisticated weapons, stormed the community, shooting sporadically and causing panic among residents.
During the attack, seven persons were shot dead, while two others sustained gunshot injuries. Three villagers were also kidnapped, and an unspecified number of domestic animals were rustled.
Joint security forces were immediately deployed to the area after the incident was reported. On arrival, they evacuated the corpses and the injured victims to a hospital for autopsy and medical treatment.
Troops have since launched a manhunt for the attackers with a view to rescuing the abducted victims, recovering the rustled livestock and arresting those responsible.
Confidence-building patrols are currently ongoing in and around Kyara village to reassure residents and prevent further attacks.
Bandits kill seven, abduct three in Sabon Birni border attack in Sokoto
News
Five injured in suspected IED blast on Bukuyum road in Zamfara
Five injured in suspected IED blast on Bukuyum road in Zamfara
By: Zagazola Makama
Five persons have been seriously injured following a suspected improvised explosive device (IED) explosion along the Takalafiya–Gadar Zaima Road in Bukkuyum Local Government Area (LGA) of Zamfara State.
Sources said the incident occurred at about 11:30 a.m. on Thursday when a motorcycle conveying five passengers ran into an explosive device believed to have been planted by armed bandits targeting security patrols in the area.
The device detonated on contact, causing a loud explosion that severely damaged the motorcycle and left all five occupants with serious injuries.
Following the incident, security operatives immediately closed the road to traffic and advised residents to stay away from the area pending a thorough safety assessment.
The injured victims were evacuated to the General Hospital, Gummi, where they are currently receiving medical treatment.
Movement along the Takalafiya–Gadar Zaima axis remains restricted as security agencies continue to monitor the situation and clear the area of any further threats.
Five injured in suspected IED blast on Bukuyum road in Zamfara
News
Three killed in fatal road accident at gaggaba village in Borno
Three killed in fatal road accident at gaggaba village in Borno
By: Zagazola Makama
At least three persons were killed in a fatal motor vehicle accident at Gaggaba Village, Fune Local Government Area of Borno State, early Wednesday morning.
Sources said the accident occurred around 1:20 a.m. when a Daf trailer with registration number DAL 964 YY, driven by Mal. Abubakar, 35, of Maiduguri, traveling from Lagos to Maiduguri, was involved in a collision with a Mitsubishi Canter truck, registration XA 437 NNR, driven by Salisu Ibrahim of Dirra Village, Fune LGA.
The Canter reportedly veered at full speed from its lane and rammed into the Daf trailer, causing the trailer driver and two passengers to fall unconscious. They were immediately rushed to General Hospital Damagum, where the driver and two passengers were pronounced dead by medical personnel.
Three killed in fatal road accident at gaggaba village in Borno
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