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COURT DISMISSES CLAIMS OF HUMAN RIGHTS VIOLATIONS AGAINST GUINEA, AMID CLAIMS OF MISTAKEN IDENTITY
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
Zulum Appoints Dr. Mohammed Ghuluze as New Head of Service
By: Our Reporter
Borno State Governor, Professor Babagana Umara Zulum, has approved the appointment of Dr. Mohammed Aminu Ghuluze as the new Head of Service.
In a statement by the Special Adviser to the Governor on Media, Dauda Iliya, the appointment takes effect from March 3, 2025. Dr. Ghuluze succeeds Barrister Malam Fannami, who has retired from service.
Governor Zulum tasked Dr. Ghuluze to leverage his experience to enhance professionalism, discipline, and commitment within the state’s civil service.
Prior to his appointment, Dr. Ghuluze served as the Permanent Secretary, Administration.
A seasoned administrator and a surgeon, he has held several key positions, including Medical Director at the State Specialist Hospital.
In 2018, he was appointed Chief Medical Director of the Borno State Hospitals Management Board, and in 2020, he became a Permanent Secretary, serving in the Ministry of Health and Human Services.
Zulum Appoints Dr. Mohammed Ghuluze as New Head of Service
NCDMB trains Niger Delta elders on ethnic cooperation for development
By: Michael Mike
As part of efforts to equip communities in the Niger Delta with knowledge and skills neccessary for conflict resolution in the region, the Nigerian Content Development and Monitoring Board (NCDMB) has organized a training programme for elders and leaders of the Ijaw, Itsekiri and Urhobo people.
The ongoing five-day training programme which is taking place at Lekki Grand View Hotel, Lekki, Lagos, is to empower participants to contribute to nation building through strengthening collaboration for positive impact.
On Monday 3rd February, the training was for the Exco of the Urhobo Progressive Union (UPU) led by President General Worldwide Olorogun, Barrister Ese Game Owe.
The Executive Secretary of the NCDMB, Engr. Felix Ogbe, who was represented by a senior members of the Board, stressed the importance of training for the elders, saying the idea is to enhance inter-ethnic cooperation and co-existence for harmonious growth and development.
Ogbe stated that the idea of the training is to ensure understanding of the leaders to the significance of ethnic coorporation in societal development in the region which mainly produces the oil that is the mainstay of the nation’s economy.
According to him, the aim is to engage the leaders on continous engagement for effective societal development.
In his welcome, the facilitator, the Chairman of Excellon Consults Limited and Cervice Energy Services Limited, Chief Bernard Okumagba said, “One of the key functions of the (NCDMB) is to engage in capacity building interventions that would deepen indigenous capabilities. This Leadership Training Programme for the Leadership of our elders and youths of the various ethnic groups is in furtherance of the NCDMB mandate and crucial for promoting Nigerian content in the oil and gas industry.
“By empowering the Leadership of our elders and youths, the NCDMB under the leadership of Executive Secretary and CEO Engr. Felix Omatsola Ogbe aims to integrate oil-producing communities into the oil and gas value chain, fostering institutional collaboration and maximizing Nigerian participation.
“This training is also vital for developing indigenous capabilities through human capital development, infrastructure, and local supplier growth.
“The key objectives of the training programme include equipping the Leadership of our Elders and Youths categories with effective leadership, management and decision-making skills; Increase awareness and understanding of NCDMB’s initiatives and policies; and Strengthen relationships between the Leaders, NCDMB, and other stakeholders,” Okumagba stated.
He added that in the next five days, participants will be taken through topics which will include Developing Leadership Competencies, Strategic Thinking and Decision Making, Stakeholders’ Engagements for Societal Development, Strategies for Continuous Leadership and Development, Strategic Collaboration for positive impact.
Others include, Inter-ethnic Cooperation and Co-existence for Harmony, Growth and Development, Financial Management for Business Success amongst others.
The training Programme is being delivered through a combination of interactive lectures, case studies, group discussions and practical exercises.
NCDMB trains Niger Delta elders on ethnic cooperation for development
News
Money Laundering: EU, International IDEA, NBA Collaborate to Get Nigeria Solve Money Laundering, Terrorism Financing
Money Laundering: EU, International IDEA, NBA Collaborate to Get Nigeria Solve Money Laundering, Terrorism Financing
…Over 300 Lawyers sensitized on professional conduct
By: Michael Mike
The Rule of Law and Anti-Corruption Programme of the International Institute for Democracy and Electoral Assistance (International IDEA) with the support of the European Union are working together with the Nigerian Bar Association (NBA) to get Nigeria off the high risk areas of money laundry, funding of terrorism and, proliferation of small arms.
Nigeria has already been designated as one of the high risk areas of money laundering and terrorism financing.
the Anti-corruption Programme Manager of the EU-funded Rule of Law and Anti-corruption Programme (RoLAC-Phase II) of International IDEA, Dr. Emmanuel Uche, at a two-day sensitization event on the Rules of Professional Conduct for Legal Practitioners in Abuja, said the main essence of this workshop is to get lawyers on board to get Nigeria off the grey list of the Global Financial Action Task Force.
According to him, the taskforce is the global body that monitors financial transactions and the financial risks inherent in different jurisdictions.
He said: “The last evaluations of Nigeria’s risk clearly says Nigeria is one of the high risk areas of money laundry, funding of terrorism and, proliferation of small arms which underscores the challenges Nigeria is currently facing today and therefore, they’ve made a handful of recommendations necessary to get Nigeria out of that high level vulnerability to this risks.
“While those risks subsists and Nigeria remains on this grey list, there would be very limited confidence in Nigeria, being able to participate with other global countries that mean well. That’s why you will be surprised, when you want to use your debit card on an international website, it is not recognised.
“Other jurisdictions don’t honour our financial instruments because they think working with us exposes them to the same risks of money laundering, terrorism financing amd all that you see with kidnapping and proliferation of small arms.”
The President of the Nigerian Bar Association (NBA), Mr. Afam Osigwe, said the ability of lawyers to adhere to the highest ethical standards in giving services to the people is very important.
He said even if it’s one lawyer that runs foul of our Rules of Professional Conduct, it worries us.
“While we may not achieve 100 percent compliance level, we want to instill confidence in the public that we are interested in ensuring that members of the public adhere to the highest standard.
“”We will also ensure that those who violate their Rules of Professional Conduct are brought to book because that’s the only way we can show the society that we have the capacity and the willingness to weed out those who give us a bad name”.
The Head of Programme, RoLAC II, International IDEA, Mr. Danladi Plang, at the event said the importance of seeking to increase transparency and accountability of anti-corruption systems and reforms cannot be overemphasised as it is regarded as fundamental to sustaining a democratic system of government.
Plang who was represented by the State Project Coordinator, Abia State, RoLAC II
Mr Peter Omenka, said the democratic system of governance comprises a network of interdependent actors and the performance of each actor is affected by the performance of others.
He stated: “Within the system, the legal practitioners are recognised to generally work to support progressive ideals whereby lawyers are expected to be sensitive and create a process to which democracy can flourish.
“It is relatively fair to acknowledge the unique role that lawyers’ play in the protection of rule of law within a limited sphere.
“The legal profession is often regarded as a catalyst for progressive reforms within the legal and societal frameworks of a nation. Legal professionals serve as the architects of the legal system, playing a pivotal role in refining and sustaining the democratic structures of governance. “
The Head of Programme further stated that the ” issues such as misrepresentation of facts, fraud, exploitation of legal loopholes, deceit, and intimidation have marred the integrity of the profession. These unethical practices pose a significant threat to the legal system and must be addressed before they undermine its foundation. In Nigeria, instances of professional misconduct frequently go unchallenged, suggesting a more widespread prevalence of such behavior.”
“Over the years, there has been an increasing societal focus on the ethical conduct of legal professionals, emphasizing the protection of individuals, clients, the courts, fellow practitioners, and the legal profession itself.”
According to him, the “ growing concern underscores the importance of upholding ethical standards in law. In response to this, the Honourable Attorney General of the Federation and Chairman of the General Council of the Bar undertook a review of the Rules of Professional Conduct (2007), aiming to address global malpractice concerns and to ensure that the conduct of legal professionals reflects the highest ethical standards.
“Every society influences its ethical disciplinary culture and ensuring fairness and consistency in a disciplinary procedure promotes a progressive societal value for the public. It fosters positive cultures, encourages a fair and transparent approach to societal goals that promotes confidence and trust. What remains unenforceable and has limited the discipline of erring lawyers is the disciplinary procedure and this gap within the legal community remains a major challenge for the noble profession.”
Earlier, the Communications Officer, International IDEA, Mukhtar Suleiman
in a media advisory, said the two-day national sensitization event, scheduled to take place in Abuja, will serve as a Training of Trainers (ToT) workshop, with participants from all 130 NBA branches, including branch chairpersons and leaders of the Young Lawyers’ Forum.
Show trimmed content.
Money Laundering: EU, International IDEA, NBA Collaborate to Get Nigeria Solve Money Laundering, Terrorism Financing
Zulum Appoints Dr. Mohammed Ghuluze as New Head of Service
NCDMB trains Niger Delta elders on ethnic cooperation for development
Money Laundering: EU, International IDEA, NBA Collaborate to Get Nigeria Solve Money Laundering, Terrorism Financing
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