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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
Police officer dies, 17 injured in auto crash along Potiskum–Bauchi road
Police officer dies, 17 injured in auto crash along Potiskum–Bauchi road
By: Zagazola Makama
A senior police officer has died while 17 other passengers sustained injuries following a road accident along the Potiskum–Bauchi highway in Yobe State.
Sources said the crash occurred at about 3:15 p.m. on Feb. 21 near the bye-pass roundabout area of PKM on the outskirts of Potiskum.
The vehicle, a Toyota Hummer Bus belonging to Borno Express and conveying 18 passengers from Kaduna to Maiduguri, reportedly lost control after the rear tyre rim on the passenger side suddenly detached.
According to the sources , the driver veered off the road into a bush, resulting in fatal and multiple injuries.
One of the passengers, ACP Abubakar Ibrahim Balteh, 45, attached to the Borno State Police Command, sustained a severe head injury and died on the spot.
Two male and two female passengers escaped unhurt, while 13 others suffered serious injuries of varying degrees.
The injured victims and the deceased were evacuated to the General Hospital Potiskum for treatment and autopsy.
Police officer dies, 17 injured in auto crash along Potiskum–Bauchi road
News
Troops of Operation FANSAN YANMA humiliate Lakurawa terrorists
Troops of Operation FANSAN YANMA humiliate Lakurawa terrorists
By: Zagazola Makama
Troops of Operation FANSAN YANMA have neutralised several of suspected Lakurawa terrorist elements following a failed attack on Dadinkowa community in Kebbi State.
Local intelligence sources said the armed group attempted to raid a local market in the early hours of Sunday and blocked a major access road into the community to facilitate the operation.
The sources disclosed that security forces responded swiftly after receiving distress alerts and engaged the attackers in a fierce gun battle, forcing them to retreat.
According to the sources, several of the assailants were neutralised during the encounter, while others escaped with suspected gunshot wounds.
The attempted market raid was successfully foiled, preventing potential civilian casualties and destruction of property.
Troops have since intensified patrols and clearance operations around Dadinkowa and adjoining areas to track fleeing elements and stabilise the security environment.
Troops of Operation FANSAN YANMA humiliate Lakurawa terrorists
News
One killed as suspected IPOB/ESN militants attack Ogbakoba Market in Anambra
One killed as suspected IPOB/ESN militants attack Ogbakoba Market in Anambra
By: Zagazola Makama
A 15-year-old boy was killed while security operatives repelled an attack by suspected members of the proscribed IPOB/ESN militia at Ogbakoba Market Arena in Anambra State.
Sources said the incident occurred on Feb. 21 at about 1:40 p.m., when a group of armed hoodlums emerged from a dense forest camp at Amiyi and opened sporadic fire at market-goers, apparently attempting to kidnap or rob residents.

A joint task force patrol team stationed at Amiyi responded swiftly, engaging the attackers in a fierce gun duel that forced them to retreat into the forest with bullet wounds. The injured boy was rushed to the village hospital but was confirmed dead on arrival. His body was deposited in the morgue for autopsy and preservation.
The sources added that later the same day at about 8:30 p.m., the armed group resurfaced near the community, snatching a shuttle bus with registration number HAL 987 XA and a GSM phone belonging to one Mr. Kinsley Iwunze of Okpotuno Odekpe, Ogbaru LGA.
Security operatives immediately dispatched teams to the scene, but the hoodlums had fled. Authorities said an aggressive manhunt was ongoing to apprehend the fleeing suspects.
One killed as suspected IPOB/ESN militants attack Ogbakoba Market in Anambra
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