Connect with us

National News

ECOWAS Court Holds Republic of Ghana liable for Breach of Citizen’s Right to Information

Published

on

ECOWAS Court Holds Republic of Ghana liable for Breach of Citizen’s Right to Information

By: Michael Mike

The ECOWAS Court of Justice on 12 July 2024, held that the Republic of Ghana violated the right to information of Isaac Mensah and ordered the State to provide him with the requested information.

In the judgment delivered by Justice Edward Amoako Asante, Judge Rapporteur, the Court ordered the Republic of Ghana to release to Isaac Mensah, documents relating to the investigations on the enforced disappearance of his father and subsequent actions. The documents include a 2009 UN/ECOWAS Investigation Report, the coroner’s report on bodies evacuated to Ghana and report on the disbursement of the money paid by The Gambia to the affected families, among others.

The Court dismissed all other claims sought by Isaac Mensah and the Registered Trustees of African Network Against Extrajudicial Killings and Enforced Disappearances (ANEKED) against the Republic of Ghana concerning the arrest, detention, and disappearance of some West African migrants in The Gambia in July 2005.

In the application with suit number ECW/CCJ/APP/47/20, filed on 18 November 2020, the Applicants alleged that Peter Mensah, a Ghanaian and father of Isaac Mensah, was among some West African migrants travelling to Europe through The Gambia who were arrested by state security agents of The Gambia and killed or disappeared.

They averred that Ghana violated its human rights obligations under the African Charter and the International Covenant on Civil and Political Rights (ICCPR) by its failure to thoroughly investigate the enforced disappearance of Peter Mensah in The Gambia, provide effective remedy and grant the Applicants access to information relating to the unlawful detention and disappearance of Peter Mensah.

They asked the Court to direct the State to conduct an effective investigation into the disappearance of Peter Mensah, give copies of past fact-finding reports and other requested documents to the Applicants, and pay the sum of 1,500,000 USD as compensation to the first Applicant, Isaac Mensah.

In response, the Republic of Ghana challenged the competence of the Court to hear the matter since the incident occurred in The Gambia, outside the jurisdiction of the Republic of Ghana. It also objected the admissibility of the application on the grounds that the Applicants did not establish their relationship to Peter Mensah, the primary victim of the alleged human rights violations. It therefore asked the Court to dismiss the case for lack of jurisdiction and inadmissibility.

On jurisdiction, the Court declared it had jurisdiction over Isaac Mensah’s claim relating to violation of the right to information but declined jurisdiction over alleged violation of the prohibition against enforced disappearance, right to effective remedy and right to truth. The Court noted that incidents forming the basis of those claims occurred outside the territory of the Republic of Ghana and therefore the Court did not have jurisdiction over them.

On admissibility, the Court declared the first Applicant’s application relating to the violation of the right to information was admissible but that he lacked the capacity to sue on behalf of other 23 individuals claiming to be members of the Mensah family due to lack of authorisation to sue on their behalf. It also struck out the second Applicant, Registered Trustees of African Network Against Extrajudicial Killings and Enforced Disappearances (ANEKED) from the suit for lack of evidence of any mandate to bring the application on behalf of the Applicants.

In its findings, the Court noted that despite getting a waiver of confidentiality from The Gambia on a 2009 UN/ECOWAS Investigation Report on the alleged detention and enforced disappearance of Peter Mensah and others, Ghana had failed to release it to Isaac Mensah. Consequently, the Court held that the Republic of Ghana breached the Applicant, Isaac Mensah’s right to information contrary to Article 9(1) of the African Charter and Article 19(2) of the ICCPR.

The Court ordered the Republic of Ghana to release the Report and other documents requested by the Applicant to him within four months of the service of the judgment.

Also on the bench were Justice Gberi-Bè Ouattara and Justice Ricardo Claúdio Monteiro Gonçalves.

ECOWAS Court Holds Republic of Ghana liable for Breach of Citizen’s Right to Information

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

National News

FG Declares Public Holiday on June 12 to Mark Democracy Day

Published

on

FG Declares Public Holiday on June 12 to Mark Democracy Day

By: Michael Mike

The Federal Government has declared Thursday, 12th June, 2025 as Public Holiday to commemorate this year’s democracy day celebration.

The Minister of Interior, Hon. Olubunmi Tunji-Ojo, who made the declaration on behalf of the Federal Government in a statement signed by the Permanent Secretary, Ministry of Interior, Dr. Magdalene Ajani, congratulated Nigerians on this occasion of 26 years of an uninterrupted civil rule.

He said: “June 12 represents our historic journey to building a nation where truth and justice reign and peace is sustained and our future assured.

“The last 26 years tells the story of our resilience, strength and courage and a hope Renewed than ever.”

The Minister while noting that Democracy is sustained with open doors for further improvement, reiterated the commitment of the Renewed Hope government of President Bola Ahmed Tinubu (GCFR) to the universal value of democracy that is based on freely-expressed will of the people in determining Nigeria’s political, economic, social and cultural systems.

FG Declares Public Holiday on June 12 to Mark Democracy Day

Continue Reading

National News

Chieftaincy dispute causes chaos in Muye village in Niger

Published

on

Chieftaincy dispute causes chaos in Muye village in Niger

By: Zagazola Makama

A renewed chieftaincy tussle in Muye village, Lapai Local Government Area of Niger State, has sparked violent confrontations between rival supporters, prompting swift intervention by security operatives.

Zagazola Makama gathered that the crisis began around 6:20 p.m. on Thursday when the deposed village head, Alhaji Mohammed Abdulkadir Maigari II, forcefully returned to Muye and broke into the palace.

The incident provoked tension among residents, especially after supporters of the current Dakachi confronted the deposed monarch. The situation was immediately brought under control by a team of security personnel from Lapai.

However, Zagazola learnt that the situation escalated on Friday morning when supporters of both camps clashed again, leading to a free-for-all fight that disrupted public peace in the community.

Security sources were swiftly deployed to Muye to restore normalcy.

“The combined security teams have brought the situation under control. Monitoring and surveillance operations are ongoing to prevent further breakdown of law and order,” the source said.

No casualties or arrests have been officially confirmed as of the time of filing this report.

Chieftaincy dispute causes chaos in Muye village in Niger

Continue Reading

National News

Eid-el-Kabir: IPCR Calls on Nigerians to Peace, Harmony

Published

on

Eid-el-Kabir: IPCR Calls on Nigerians to Peace, Harmony

By: Michael Mike

Institute for Peace and Conflict Resolution (IPCR) has called on Nigerians to promote peace and harmony in their communities, recognizing that peace is essential to national development and progress.

The advice was given by the Director General of the Institute for Peace and Conflict Resolution (IPCR), Dr. Joseph Ochogwu, in his message on Eid-el-Kabir.

The Institute, while extending warm greetings to Nigerians, wished them a joyous and peaceful celebration, marked by love, compassion, and unity.

The Institute while noting that Sallah is a significant occasion in the Islamic calendar, symbolizing the values of sacrifice, gratitude, and community, emphasized that the spirit of Sallah should guide Nigerians in their interactions with one another, fostering a culture of peace, tolerance, and understanding.

The IPCR urged Nigerians to promote peace and harmony in their communities, recognizing that peace is essential to national development and progress, while
encouraging individuals to embrace the values of Sallah, including forgiveness, empathy, and kindness, in their daily lives.

According to IPCR, peace is critical to promoting national stability and cohesion.

The Institute also urged Nigerians to use this period of Sallah celebration to address conflicts and promote dialogue, which could help to build trust and understanding among Nigerians and also contribute to a more peaceful society.

It recognized that the country’s many ethnic and religious groups can work together to build a more harmonious society, celebrating their differences and promoting a culture of tolerance.
End

Continue Reading

Trending

Verified by MonsterInsights