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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
One Rescued, Bandit Killed as troops Repel Attack in Zamfara
By Zagazola Makama
The troops of Operation FANSAN YANMA have rescued one kidnapped victim and neutralised a suspected armed bandit following an attack on Dankabali Village in Talata Mafara Local Government Area of Zamfara State.
Security sources said the incident occurred at about 3:00 a.m. on April 30 when about 20 armed bandits on 10 motorcycles invaded the community in Kagara District and abducted four residents.
The sources disclosed that the abducted persons were identified as Ladan Mani Sarkin Diya, Halima Mani, Rabiatu Muhammad, and Karima Muhammad.
According to the sources, the troops under Operation Fansar Yamma and the police joint tactical team was mobilised immediately after receiving the distress call and commenced search-and-rescue operations.
They added that during a combing operation in a nearby forest, the joint forces made contact with the bandits, leading to an exchange of fire in which one bandit was neutralised.
The sources further said one of the abducted victims, Ladan Mani Sarkin Diya, was successfully rescued unharmed, taken to the General Hospital in Talata Mafara for medical examination, and later reunited with his family.
They noted that ongoing operations are aimed at rescuing the remaining three victims and apprehending the fleeing suspects.
Security presence has since been reinforced in the Dankabali axis, while surveillance and patrols have been intensified to prevent further attacks.
One Rescued, Bandit Killed as troops Repel Attack in Zamfara
Troops Foil Bandits’ Attack, Recover 27 Rustled Animals in Sokoto
By Zagazola Makama
The troops of Operation FANSAN YANMA have foiled an attempted attack by suspected Lakurawa bandits and recovered 27 rustled animals in Silame Local Government Area of Sokoto State.
Security sources said the incident occurred at about 8:00 p.m. on May 1 when a large number of armed bandits invaded Gumki and Zeringo-Gande villages, firing sporadically and rustling domestic animals.
The sources disclosed that upon receiving the distress the troops swiftly mobilised and blocked routes leading to the bandits’ camp in Zamori forest.
According to the sources, the troops engaged the attackers in a gun duel, overpowering them and forcing their retreat toward the Niger Republic border.
They added that all 27 rustled animals were successfully recovered and would be returned to their rightful owners.
The sources further confirmed that no casualties or injuries were recorded among security personnel during the operation.
Security presence has since been reinforced in the area, with continuous patrols to prevent further incursions.
Troops Foil Bandits’ Attack, Recover 27 Rustled Animals in Sokoto
Teenager Dies After Fight with Neighbour in Yobe Community
By Zagazola Makama
A 14-year-old boy, Musa Umar, has died following a violent altercation with a neighbour in Jama’are village via Fika in Yobe State.
Security sources said the incident occurred on April 30 at about 10:00 p.m. when Musa engaged in a fight with another minor, Adamu Yusuf, 12, during which he was struck on the head with a stick.
The sources disclosed that the injured boy was initially rushed to Gadaka General Hospital for treatment before being referred to Fika General Hospital due to the severity of his condition.
According to the sources, Musa died on the way to the referral hospital and was later certified dead by a medical doctor.
They added that the body was documented and released to the family for burial following necessary procedures.
The sources further said efforts are ongoing to apprehend the suspect, while investigations have commenced to determine the circumstances surrounding the incident.
Teenager Dies After Fight with Neighbour in Yobe Community
One Rescued, Bandit Killed as troops Repel Attack in Zamfara
One Killed, Two Injured in Communal Clash in Niger
Troops Foil Bandits’ Attack, Recover 27 Rustled Animals in Sokoto
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