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COURT DISMISSES CLAIMS OF HUMAN RIGHTS VIOLATIONS AGAINST GUINEA, AMID CLAIMS OF MISTAKEN IDENTITY

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COURT DISMISSES CLAIMS OF HUMAN RIGHTS VIOLATIONS AGAINST GUINEA, AMID CLAIMS OF MISTAKEN IDENTITY

By: Michael Mike

The ECOWAS Court of Justice has dismissed a case brought by a Guinean alleging violation of his rights to fair, impartial and independent court proceedings by the State of Guinea.

In its judgment delivered by Hon Justice Sengu Mohamed Koroma, Judge Rapporteur, the Court affirmed it had jurisdiction to hear the case and declared the application admissible. However, it held that the Applicant – Mr Souleymane Bah’s rights were not violated as claimed.
In addition, the Court dismissed the preliminary objection of the Respondent – State of Guinea challenging the admissibility of the case before the Court as well as Mr Bah’s application to compel a witness to testify before the Court. It also dismissed all other reliefs and claims sought by both parties, and ordered Mr Bah to pay a symbolic cost of 10,000 CFA Francs to the State of Guinea.
In the case with suit number ECW/CCJ/APP/24/19, filed on 3 June 2019, Mr Bah claimed the violation of his rights to fair, impartial and independent tribunal as enshrined in the African Charter on Human and Peoples’ Right (ACHPR) and the International Covenant on Civil and Political Rights (ICCPR).
Mr Bah, who was represented by his lawyer – Mr. Alpha Yaya Drame, told the Court that a partial Order was issued against him under his nickname “Thia’nguel” but that he was neither notified of the allegations against him nor was he given an opportunity to respond to the same. He also told the Court that he learnt of his conviction to life sentence from the press.
He averred that he was tried in absentia which contravenes the provisions of the Guinean Code of Criminal Procedure and asked the Court to order the State of Guinea to, inter alia, pay him general and economic damages as his conviction has equally affected his contract with an international organisation.
On its part, the Respondent – State of Guinea represented by Mr. Joachim Gbilimou, denied Mr. Bah’s claims adding that Judgment No 03 of 9th January 2018 involving Thia’nguel was not the same person as Mr. Souleymane Bah and that Thia’nguel was never identified as Mr. Bah during the trial.
He further argued that Mr. Bah should have opposed the decision of the national court if he felt he was the same person, and moreover, the nickname was not indicated as a party to any contract with an international organisation as claimed. The Respondent therefore asked the Court to dismiss all the claims of Mr. Bah and award costs in its favour.
Concerning Mr Bah’s request for the Court to compel the Attorney-General of Guinea to give evidence before the Court, the Court noted that the facts and evidence before it did not establish a connection between Mr. Bah, the indictment and or the said judgment from the national court, and therefore dismissed his application.
However, the Court ordered the Guinean government to refrain from arresting or detaining Mr. Souleymane Bah in relation to Judgment No 3 of 9th January, 2018, following the government’s earlier submission that “the criminal Judgment n° 03 of 09/01/2018 of the Tribunal of First instance of Dixinn did not target Mr Souleymane BAH”.
The Court dismissed all other claims after noting that ‘the so-called Thia’nguel was never formally identified at any of the judicial stages’ and therefore Mr. Bah cannot claim his rights were violated because he was neither served any notice of action, nor given opportunity to defend himself, and he could not have appealed or challenge the default judgment of the national court as Mr. Souleymane Bah.
Furthermore, Judgment no 03 of 9th January 2018, could not have caused Mr Bah, the termination of his contract because the agreement between the parties allowed for the possibility of non-renewal of the said contract.
The Court also dismissed Mr. Bah’s claim for compensation on the grounds that media report which is not a usual channel of court communication cannot be taken as a court process.
It awarded a symbolic 10,000 CFA Francs as cost in favour of the State of Guinea.
Also on the three-member panel were Honourable Justices Gbéri-Bè Ouattara(presiding) and Ricardo Claúdio Monteiro Gonçalves (member).

The ECOWAS Court of Justice has dismissed a case brought by a Guinean alleging violation of his rights to fair, impartial and independent court proceedings by the State of Guinea.

In its judgment on Monday delivered by Hon Justice Sengu Mohamed Koroma, Judge Rapporteur, the Court affirmed it had jurisdiction to hear the case and declared the application admissible. However, it held that the Applicant – Mr Souleymane Bah’s rights were not violated as claimed.

In addition, the Court dismissed the preliminary objection of the Respondent – State of Guinea challenging the admissibility of the case before the Court as well as Mr Bah’s application to compel a witness to testify before the Court. It also dismissed all other reliefs and claims sought by both parties, and ordered Mr Bah to pay a symbolic cost of 10,000 CFA Francs to the State of Guinea.

In the case with suit number ECW/CCJ/APP/24/19, filed on 3 June 2019, Mr Bah claimed the violation of his rights to fair, impartial and independent tribunal as enshrined in the African Charter on Human and Peoples’ Right (ACHPR) and the International Covenant on Civil and Political Rights (ICCPR).

Bah, who was represented by his lawyer – Mr. Alpha Yaya Drame, told the Court that a partial Order was issued against him under his nickname “Thia’nguel” but that he was neither notified of the allegations against him nor was he given an opportunity to respond to the same.

He also told the Court that he learnt of his conviction to life sentence from the press.
He averred that he was tried in absentia which contravenes the provisions of the Guinean Code of Criminal Procedure and asked the Court to order the State of Guinea to, inter alia, pay him general and economic damages as his conviction has equally affected his contract with an international organisation.

On its part, the Respondent – State of Guinea represented by Mr. Joachim Gbilimou, denied Mr. Bah’s claims adding that Judgment No 03 of 9th January 2018 involving Thia’nguel was not the same person as Mr. Souleymane Bah and that Thia’nguel was never identified as Mr. Bah during the trial.

He further argued that Bah should have opposed the decision of the national court if he felt he was the same person, and moreover, the nickname was not indicated as a party to any contract with an international organisation as claimed. The Respondent therefore asked the Court to dismiss all the claims of Bah and award costs in its favour.

Concerning Bah’s request for the Court to compel the Attorney-General of Guinea to give evidence before the Court, the Court noted that the facts and evidence before it did not establish a connection between Mr. Bah, the indictment and or the said judgment from the national court, and therefore dismissed his application.

However, the Court ordered the Guinean government to refrain from arresting or detaining Mr. Souleymane Bah in relation to Judgment No 3 of 9th January, 2018, following the government’s earlier submission that “the criminal Judgment n° 03 of 09/01/2018 of the Tribunal of First instance of Dixinn did not target Mr Souleymane BAH”.

The Court dismissed all other claims after noting that ‘the so-called Thia’nguel was never formally identified at any of the judicial stages’ and therefore Mr. Bah cannot claim his rights were violated because he was neither served any notice of action, nor given opportunity to defend himself, and he could not have appealed or challenge the default judgment of the national court as Mr. Souleymane Bah.
Furthermore, Judgment no 03 of 9th January 2018, could not have caused Mr Bah, the termination of his contract because the agreement between the parties allowed for the possibility of non-renewal of the said contract.

The Court also dismissed Mr. Bah’s claim for compensation on the grounds that media report which is not a usual channel of court communication cannot be taken as a court process.

It awarded a symbolic 10,000 CFA Francs as cost in favour of the State of Guinea.
Also on the three-member panel were Honourable Justices Gbéri-Bè Ouattara(presiding) and Ricardo Claúdio Monteiro Gonçalves (member).

COURT DISMISSES CLAIMS OF HUMAN RIGHTS VIOLATIONS AGAINST GUINEA, AMID CLAIMS OF MISTAKEN IDENTITY

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Tipper truck kills several traders in Jalingo market crash

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Tipper truck kills several traders in Jalingo market crash

By: Zagazola Makama

A tragic road accident occurred on Saturday at the popular Mile 6 Market in Jalingo, Taraba State, when a tipper truck loaded with shaft sand lost control and rammed into a crowd of traders and shoppers.

Zagazola learnt the incident, which happened around midday, resulted in multiple fatalities and left several others injured. The exact number of casualties is yet to be confirmed as emergency responders continue rescue operations and assessment of the scene.

Sourcessaid the truck was speeding when one of its front tyres suddenly burst, causing the driver to lose control. The vehicle veered into the busy market area, knocking down people and structures along its path.

“It happened so fast,” said Musa Ibrahim, a local vendor. “The truck was on speed and after the tyre burst, the driver couldn’t control it. It just rammed into the crowd.”

Security operatives and medical personnel arrived swiftly at the scene to evacuate the injured to nearby hospitals. The body of the deceased has also been recovered, while efforts are ongoing to identify victims and notify their families.

The driver of the truck has been apprehended and is currently in custody as investigations continue into the cause of the crash.
End

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Crime

Former Footballer, 4 Others Arrested, Over 22.6kg Cocaine, Meth Seized at Lagos, Enugu Airports

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Former Footballer, 4 Others Arrested, Over 22.6kg Cocaine, Meth Seized at Lagos, Enugu Airports
…72-year-old Grandma, Beninese, Ithers Nabbed in NDLEA Raids in Delta, Kwara, Lagos

By: Michael Mike

Operatives of the National Drug Law Enforcement Agency (NDLEA) have arrested a former football player Segun George Hunkarin along with his businessman partner Ntoruka Chinedu over attempt to smuggle a consignment of cocaine into Nigeria through the Murtala Muhammed International Airport, Lagos.

According to a statement on Sunday by the spokesman of the NDLEA, Femi Babafemi, Chinedu who is a frequent flyer known for conveying clothes from Turkey to Nigeria and foodstuffs from Nigeria to Turkey, was the first to be arrested upon his arrival at the Lagos airport last Tuesday, when his carry-on bag was searched, 37 wraps of cocaine weighing 800 grammes were seen to be concealed therein.

Babafemi said investigation showed that the suspect was coming from Turkey on Ethiopian Airlines flight but transited through Addis Ababa, Ethiopia where he collected the luggage from another person before heading to Nigeria.

He said further checks revealed that an accomplice who turned out to be the former professional footballer, Segun Hunkarin, was waiting for Chinedu at the airport carpark to collect the consignment from him. Hunkarin who had stayed years in Brazil playing for football clubs was promptly tracked and arrested at the carpark.

In his statement, Hunkarin was said to have claimed that while playing professional football in the South American country, he had only trafficked drugs twice from Brazil to Ethiopia but has never brought any to Nigeria.

Another Europe based businessman Amen Okoro was last Friday arrested by NDLEA operatives at the Lagos airport while attempting to traffic 5,000 pills of tramadol 225mg packaged as known malaria drugs such as Lonart, Amatem and Aluktem to Spain.

He was intercepted at the departure hall of terminal 2 of the airport during the outward clearance of passengers on Royal Air Maroc flight to Spain through Casablanca.

Babafemi said Okoro, who is into freight and logistics business between Europe and Nigeria, claimed that on his arrival in Spain, he would have taken a train to France where he resides and from there send the tramadol consignment to Italy for retailing.

At the Akanu Ibiam International Airport (AIIA) Enugu, Babafemi said NDLEA operatives last Friday intercepted a Maputo, Mozambique based bar attendant Ezenwaka Chibuzor. A search of his luggage led to the discovery of 17 cardboard size parcels of methamphetamine weighing 17.500 kilogrammes and three parcels of cocaine weighing 3.05 kilogrammes.

He revealed that the 38-year-old suspect was coming from Johannesburg, South Africa via Addis Ababa, Ethiopia on Ethiopian Airlines flight when he was interdicted and subjected to a search during which the illicit drugs concealed in bedsheets packed in his bags were discovered.

He noted that another passenger on board the same Ethiopian Airlines flight, 54-year-old Azu Kpodar was also intercepted at the Enugu airport by NDLEA operatives. When Azu, who arrived from Sao Paulo, Brazil, was searched, a liquid soap plastic container marked YPE, was discovered in his luggage. The substance was promptly taken for analysis at the NDLEA forensic and chemical laboratory, Enugu where the substance tested positive to cocaine.

The substance which turned out to be liquid cocaine weighed 1.250 kilogrammes, the
suspect who is a toy seller in Brinquedo, Sao Paulo, Brazil, claimed he purchased while shopping for his wedding ceremony in Nigeria.

NDLEA operatives at the Seme border area of Badagry in Lagos last Tuesday intercepted a 26-year-old Beninese Vode Jean-Luck while trying to smuggle 69 balls of skunk, a strain of cannabis with a gross weight of 29.5 kilogrammes from Benin Republic into Nigeria.

In Kwara state, a notorious drug dealer Mary Oladele (a.k.a Iya Nafi) was arrested last Wednesday when NDLEA operatives raided her base in Omu-Aran in Irepodun local government area of the state where various quantities of skunk, tramadol and flunitrazepam were recovered from her.

Babafemi said a 72-year-old grandma Mrs. Christy Ejaro was last Tuesday arrested by NDLEA operatives at Niger CAT area of Warri, Delta state, with several sachets of skunk packaged in retail size recovered from her.

The spokesman said the War Against Drug Abuse, WADA, social advocacy activities by NDLEA commands equally continued across the country in the past week.

Meanwhile, the Chairman/Chief Executive Officer of NDLEA, Brig. Gen. Buba Marwa (Rtd), while commending the officers and men of MMIA, AIIA, Delta, Kwara, and Seme commands of the agency for the arrests and seizures of the past week, equally praised their counterparts in all the commands across the country for ensuring a fair balance between their drug supply reduction and drug demand reduction efforts.

Former Footballer, 4 Others Arrested, Over 22.6kg Cocaine, Meth Seized at Lagos, Enugu Airports

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Armed bandits abduct resident in Bature Daji, in Niger narrowly miss vigilante target

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Armed bandits abduct resident in Bature Daji, in Niger narrowly miss vigilante target

By: Zagazola Makama

Armed bandits in large numbers stormed Bature Daji community in Niger in the early hours of Saturday, abducting a resident while narrowly missing their original target, a local vigilante member.

Zagazola Makama gathered that the incident occurred around 5:30 a.m. when the attackers invaded the residence of one Dani, a known vigilante operative in the area. He was reportedly the primary target of the assault but managed to escape.

However, the gunmen kidnapped one Attahiru Ibrahim, popularly known as Sarki Daji, from the same neighborhood and whisked him away to an unknown destination.

Local sources revealed that the assailants later moved toward Gorogawu Village, a border community near the Republic of Benin, raising concerns of cross-border movement and security challenges.

A joint team of security forces, including military and other operatives, has launched a pursuit operation to rescue the victim and apprehend the attackers.

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