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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
Troops intercept 11 youths with donkeys during patrol in Borno
By: Zagazola Makama
Troops of 68 Battalion have intercepted 11 youths during a routine patrol in Mallam Fatori area of Abadam Local Government Area of Borno State.
Security sources said the interception occurred along the Bulagana–Cheisa axis on April 2 during ongoing clearance operations in the area.
According to the sources, the individuals were found moving in the area with 12 donkeys when they were stopped and briefly interrogated by troops.
The sources added that the youths were later handed over, alongside the animals, to relevant authorities in a neighbouring country for further necessary action.
The military said the patrol was part of sustained efforts to maintain security dominance and prevent exploitation of border communities by criminal elements.
Troops intercept 11 youths with donkeys during patrol in Borno
Troops recover ammunition, logistics items in Kwara patrol operation
By: Zagazola Makama
Troops of the Nigerian Army under the 22 Brigade have recovered ammunition and other logistics items during a fighting patrol in Ifelodun Local Government Area of Kwara State.
A security source disclosed that the operation was conducted at about 4:00 p.m. on April 2 at Daban Lema, where troops of the brigade, operating from the Patrol Base, encountered signs of suspected terrorist activities in a deserted location.
According to the source, the troops immediately carried out exploitation of the area, leading to the recovery of four rounds of 7.62mm special ammunition and one empty PKT ammunition belt link.
Other items recovered include four mobile phones, two head warmers, two small solar panels, and assorted repair tools believed to have been used by the suspected terrorists.
The source added that the recovery indicates the presence and movement of suspected criminal elements within the area, noting that troops have intensified surveillance and patrols to deny them freedom of action.
Troops recover ammunition, logistics items in Kwara patrol operation
Troops foil attack by Criminal Youths, rescue victims, arrest suspects in plateau
By: Zagazola Makama
Troops of Sector 1, Operation Enduring Peace (OPEP), have foiled an attack on residents at Dutse Uku in Jos North Local Government Area of Plateau State.
A security source said the troops responded swiftly to a report of sporadic gunshots in the area at about 11:50 p.m. on April 2.
According to the source, upon arrival at the scene, the suspected criminals fled, abandoning their operation due to the prompt intervention of the troops.
He said the troops rescued two victims who sustained gunshot wounds during the incident and immediately evacuated them to a hospital for medical attention.
The source further disclosed that two suspects, dressed in black attire, were arrested at the scene.
Items recovered from the suspects include a cutlass and a knife.
He added that the suspects are currently in military custody and undergoing preliminary investigation, while efforts are ongoing to track down other fleeing members of the group.
Zagazola report that despite heightened security, there has been report of pocket of attacks in some communities.
The source reassured residents of the military’s commitment to protecting lives and property and urged the public to continue providing timely information to security agencies.
Troops foil attack by Criminal Youths, rescue victims, arrest suspects in plateau
Troops intercept suspected Boko Haram logistics convoy conveying 13 persons in Borno
Troops intercept 11 youths with donkeys during patrol in Borno
Troops, CJTF arrest three suspected Boko Haram logistics suppliers in Borno
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