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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
Communal clash at illegal mining site leaves five injured in Zamfara
By: Zagazola Makama
A violent clash between residents of Boko and Jaya villages in Zurmi Local Government Area of Zamfara state has left at least five persons injured following a dispute at a stone mining site.
Sources said the incident occurred on April 20 at about 11:00 a.m. at the Kwanza Stone Mining Site, located between the two communities.
According to the sources, the clash began when members of both villages engaged in illegal mining activities at the site, leading to a disagreement that escalated into violence, with both sides allegedly using firearms.
The sources said the injured victims include Sha’aibu Adamu, 30; Shakiru Suleiman, 26; Kasu Boko, 27; Abdullahi Dahiru, 25; and Ibrahim Usman, 25, all from the affected communities.
They added that the exact number of persons killed could not be immediately confirmed at the time of filing the report.
A joint security team comprising troops of Operation FANSAN YANMA. police personnel and community protection guards was swiftly deployed to the area to restore order.
The injured victims were evacuated to the General Hospital in Kaura Namoda for medical treatment.
Security authorities said normalcy had since been restored in the area, while efforts were ongoing to identify and arrest those involved in the violence.
They also confirmed that investigation into the incident had commenced.
Communal clash at illegal mining site leaves five injured in Zamfara
Security forces foil Kidnapping, flee after alarm in Gombe community
By: Zagazola Makama
Armed men suspected to be kidnappers have attempted to abduct residents in Unguwan Yamma, Amada area of Akko Local Government Area of Gombe state.
Sources said the incident occurred at about 3:20 a.m. when the attackers stormed the residence of one Alhaji Muhammad Abba, who narrowly escaped the attack.
According to the sources, the assailants proceeded to a neighbouring house where they abducted a child after the mother raised alarm.
The sources said the kidnappers, however, abandoned the child and fled the scene following the commotion.
A divisional patrol team, alongside hunters and local vigilantes, was immediately mobilised to the area and is currently on the trail of the suspects.
Police authorities said investigation was ongoing, while efforts had been intensified to apprehend the fleeing attackers and prevent further incidents in the area.
Security forces foil Kidnapping, flee after alarm in Gombe community
Troops engage armed bandits in heavy gun battle during raid on suspected hideout in Zamfara
By: Zagazola Makama
Troops of Operation FANSAN YANMA have reportedly engaged armed bandits in a heavy gun battle during a clearance operation at Yankuzo area in Tsafe Local Government Area of Zamfara state.
Security sources said the operation followed aggressive fighting patrol on armed groups into the area, believed to be a stronghold used by suspected bandit elements operating within the axis.
According to the sources, troops advanced into deep into the terrorists enclave of Ado Allero in the early hours of the day and made contact with the armed men, leading to an exchange of fire that lasted for several minutes.
Residents reported heavy gunfire during the confrontation.
Although details of casualties were still being assessed at the time of filing this report, security sources confirmed that troops maintained dominance of the general area and continued pursuit of fleeing armed elements.
Troops engage armed bandits in heavy gun battle during raid on suspected hideout in Zamfara
Communal clash at illegal mining site leaves five injured in Zamfara
Bandits abduct two, escape with motorcycles after gun duel in Zamfara
Security forces foil Kidnapping, flee after alarm in Gombe community
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