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

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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

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Nigerian Gov’t May Have Mortgaging Future Of Nigerians With Foreign Loan- Onyekpere

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Nigerian Gov’t May Have Mortgaging Future Of Nigerians With Foreign Loan- Onyekpere

By: Michael Mike

An Abuja Civil Rights Lawyer, Eze Onyekpere has raised the alarm of the present administration’s continued disposition to foreign loans, decrying that the future generations of Nigerians may have been mortgaged by the government.

Onyekpere painted the gloom picture in Abuja on Thursday at a “ Public Discourse on Ending Poverty and Inequality in Nigeria”, an event organized by ActionAid Nigeria.

Onyekpere noted that a lot of policies the government is implementing are anti-people and has made Nigerians poorer, with biting hardship.

According to him, the Nigerian government has continued to implement a tax system and regime that has further impoverished the poor masses.

He called on the government to introduce a tax system where the rich will pay more, and stop putting the poor at disadvantage.

Earlier in his remarks, the Country Director, ActionAid Nigeria, Andrew Mamedu called on the government to evolve a more sustainable approach towards addressing the challenges faced by vulnerable people in the country.

Mamedu disclosed that in Maiduguri, residents, especially women and Children have been displaced by the recent devastating
flood, which has further impoverished the poor masses working for survival.

He said, “ every action we take should focus on the people who have been affected by this disaster. We must conduct a strategic analysis of their immediate needs and ensure that the interventions are aligned with their realities. This is not just about providing relief; it’s about restoring their dignity and ensuring they are not further traumatized by the processes that are meant to help them.In this spirit, our approach must be empathetic.

“ There must be Accountability at every stage so that the aid reaches those who need it the most, and build the trust of the people.We need coordinated actions to not only respond to this immediate emergency but also to build resilient systems for the future. The warning signs were there; the forecasts were clear. Yet, our preparation was not enough. We cannot afford to repeat this mistake.

“ Following devastating floods in 2022, The Federal Government unfolded a National strategic Plan of Action, through a comprehensive report produced by the presidential committee on floods, inaugurated, the report comprises both mitigating and Adaptation plan”.

Nigerian Gov’t May Have Mortgaging Future Of Nigerians With Foreign Loan- Onyekpere

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VP SHETTIMA AT PEBEC REGULATORS’ FORUM

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VP SHETTIMA AT PEBEC REGULATORS’ FORUM

By: Our Reporter

Regulatory Agencies Must Eliminate Overlaps, Align With President Tinubu’s Agenda

Says FG will streamline regulatory systems to facilitate ease of doing business

Vice President Kashim Shettima has charged regulatory agencies to eliminate overlaps and align their actions with President Bola Ahmed Tinubu’s agenda for economic growth and improved ease of doing business in Nigeria.

The Vice President said the administration of President Bola Ahmed Tinubu remains committed to streamlining the regulatory environment in Nigeria.

This, the Vice President said, is crucial in driving the coordination, transparency and global competitiveness required for the nation’s economic transformation.

Senator Shettima stated this on Thursday during the Presidential Enabling Business Environment Council (PEBEC) Regulators’ Forum to build an effective Regulatory Impact Framework (RIA) for Nigeria held at the Presidential Villa, Abuja.

According to him, the administration’s journey towards a “regulatory system built on trust, consistency, and collaboration is ongoing, and it is a journey that requires” all and sundry to remain committed.”

The Vice President implored the government regulators to be “willing to reinvent processes and innovate, guiding Nigeria towards a future where we are not economically disadvantaged but positioned to thrive.

“Our duty to the private sector is clear: to listen, process their concerns, and develop solutions that drive growth. In recent months, there have been pockets of complaints regarding certain directives from our regulatory agencies. I have personally intervened on several occasions to ensure we are not hampered by conflict, but instead move forward with unity and purpose,” he added.

Underscoring the importance of streamlining the regulatory system, the VP said, “The success of this forum today does not solely depend on our ability to collaborate, share knowledge, and align our regulatory actions with the broader national agenda.

“It also depends on our capacity to recognise and address criticisms and shortcomings, while striving for a nation that does not feel like a battlefield for businesses, but a place where investors can thrive without fear of unnecessary hurdles.”

VP Shettima charged the regulators to heed President Tinubu’s call to action, noting that the President envisions a country where regulatory excellence drives economic growth, attracts investment, and ultimately improves the quality of life for all citizens.

He continued: “Time and again, President Bola Ahmed Tinubu has reassured the business community of his commitment to easing any bottlenecks they may encounter, and each regulator here must adopt the same mindset in their dealings with private enterprises.

“The work of PEBEC, particularly through initiatives like the Regulatory Reform Accelerator, has been pivotal in reducing the obstacles faced by businesses.

“Today’s forum offers an unparalleled opportunity to address these issues head-on and chart a new course towards regulatory cohesion. This is not merely an event – it is a defining moment for us to reflect on the duties we owe our nation.”

On the task ahead, Senator Shettima urged participants at the meeting to recognise the gravity of their role as regulators.

His words: “Your actions do not stop at your desks; they have ripple effects that can shape or disrupt policies, influence investment decisions, and, most critically, impact the daily lives of Nigerians who rely on a stable and efficient economy.

“As such, this forum provides an invaluable opportunity to take ownership of the crucial reforms needed to eliminate regulatory overlaps, misalignments, and contradictions that often cause unnecessary delays and burdens on businesses.”

Earlier in his remarks, the Deputy Chief of Staff to the President (Office of the Vice President), Senator Ibrahim Hadejia outlined PEBEC’s 2024 outlook highlighting Nigeria’s business and investment climate reforms through its five strategic pillars, comprising regulatory, judicial and legislative reforms, among others.

He said deliberations and actions at the forum would be aligned with national economic goals that can make Nigeria a more attractive destination for business and investment.

“Through your participation and active contributions, this Forum will play a pivotal role in transforming Nigeria’s regulatory landscape, ensuring that it enhances our global business competitiveness,” Senator Hadejia noted.

Also, Special Adviser to the President on Presidential Enabling Business Environment Council (PEBEC) and Investment, Dr. Jumoke Oduwole, noted that regulators must act as enablers, evolving to support and nurture the very ecosystem they oversee.

“Regulators should be assessed based on the health of the businesses under them. If the businesses are dying, the regulator should be concerned,” she said.

She quoted David Cameron, the former Prime Minister of the UK, who stated in the 2015 Better Regulation Framework Manual: “We need to tackle regulation with vigour to free businesses to compete and create jobs, and give people greater freedom. I want us to be the first Government in modern history to leave office having reduced the overall burden of regulation rather than increasing it.”

Heads of federal government’s regulatory agencies present at the PEBEC meeting included Nigerian Communications Commission (NCC), Nigerian Upstream Petroleum Regulatory Commission (NUPRC), Nigerian Electricity Regulatory Commission (NERC), Nigerian Press Council (NPC), Nigeria Data Protection Commission (NDPC), Nigeria Export Processing Zones Authority (NEPZA) and Nigerian Maritime Administration and Safety Agency (NIMASA).

Others are National Environmental Standards and Regulations Enforcement Agency (NESREA), Advertising Regulatory Council of Nigeria (ARCON), Oil and Gas Free Zones Authority (OGFZA), Securities and Exchange Commission (SEC) and Nigerian Postal Service (NIPOST).
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Education Remains Our Major Priority – Gov Buni

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Education Remains Our Major Priority – Gov Buni

By: Mamman Mohammed

Yobe state Governor Hon. Mai Mala Buni CON has assured that education would continue to occupy a prominent position on the priority list of his administration for a prosperous future for the state.

He stated this today at a reception organized in honor of 171 Yobe state
Students who recently graduated from various universities in India.

“You may recall that, this administration sponsored a total number of 233 Yobe State indigenes to study medical sciences, engineering and other allied science courses, which are driven by our needs in the multifaceted post-insurgency recovery programme of our administration” he said.

“As we celebrate the completion of studies of the 171 graduates at this reception, 62 others are still pursuing their studies in line with the duration and other requirements of their courses. I am optimistic that they will also complete their studies successfully and with flying colours to do the state proud.

“We have deliberately sponsored a good number of the students to study Medical Sciences to meet our desire of building a robust healthcare system that is effective to meet the challenges of the sector. This would contribute to the speedy recovery, growth and development of our dear state.

“I am optimistic that these young graduates would provide the needed manpower with the requisite skills in our health facilities especially, our efforts in providing one functional Primary Health Care Centre in each of the 178 electoral wards of the State. Your commitment to serving the people in all nooks and crannies of the State would further justify government’s investment in you” he added.

“As part of our mission for a greater Yobe State, the sponsorship of these graduates was not restricted to Medical Sciences, some of them studied Civil Engineering, Computer Technology, Agriculture, Information Technology, Petroleum Engineering and Law, among others” the Governor said.

“l wish to state with a deep sense of appreciation and pride that I have received positive reports of your character, discipline, hard work and exceptional academic performances throughout your stay in India. You have indeed done Yobe state and Nigeria proud” he eulogized the graduates.

According to the Governor, government offered scholarships and bursaries to over 38,000 Yobe State students in various universities, colleges and polytechnics across Nigeria to pursue their first degrees, Masters and Doctorate degrees.

“We have also granted over 400 international scholarships to students in Egypt, the United Kingdom, China, the United States, Jordan, Turkey, Malaysia, Russia, and other Countries. We have also sustained our commitment to sponsor other mandatory courses including law graduates attending the Nigeria Law School, ICAN, and ANAN professional certificates for accountants.

Others include ASCON at Badagry, French and Arabic graduates at the Arabic village, as well as, monthly stipend paid to students studying medicine, Nursing, Community Midwifery and Nursing, at the Shehu Sule College of Nursing and Midwifery” he added.

“This government is convinced that our collective efforts would effectively and efficiently address the various challenges of the state especially in communities where your expertise is most needed” he emphasized.

Education Remains Our Major Priority – Gov Buni

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