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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
News
Burkina Faso’s reckless violation of icao rules over emergency landing exposes AES hostility toward Nigeria
Burkina Faso’s reckless violation of icao rules over emergency landing exposes AES hostility toward Nigeria
By: Zagazola Makama
The seizure of 10 Nigerian Air Force personnel by Burkina Faso’s military regime after an emergency landing has ignited anger across diplomatic and aviation circles, with experts condemning the move as vindictive, unprofessional, and a direct breach of globally recognised ICAO safety procedures.
The Nigerian C-130 Hercules aircraft, which made an emergency landing in Bobo-Dioulasso on Monday, had already obtained clearance before entering Burkina Faso’s airspace, contrary to AES claims. Aviation sources confirmed that the crew followed all required procedures after encountering an in-flight technical distress, including declaring an emergency and requesting the nearest available runway.
Under ICAO international law, which supersedes regional disagreements, an aircraft facing distress has the unrestricted right to land anywhere, including in hostile territory or active war zones. Emergency procedures clearly state that: Pilots must transmit “MAYDAY” or “PAN-PAN” depending on the severity, all air traffic units must grant priority, maintain radio silence, and provide safe landing guidance, no country is permitted to deny landing rights to a distressed aircraft, regardless of political tension or military status and any obstruction or punishment of an emergency landing is treated as a serious violation of international aviation law.
Yet, despite these established global norms, Burkina Faso’s junta responded with hostility, detaining impounding the aircraft while issuing inflammatory statements through the Confederation of Sahel States (AES).
Multiple diplomatic sources say Burkina Faso’s behaviour was not about airspace violation, but about frustration and anger over Nigeria’s role in foiling the recent coup attempt in Benin Republic. The junta in Ouagadougou has openly aligned itself with regimes in Niger and Mali and views Nigeria-led ECOWAS as an adversary.
Burkina Faso, Mali and Niger, having withdrawn from ECOWAS to form the AES, have taken increasingly confrontational postures. The failed coup in Benin Republic would have added a fourth member to their alliance. Nigeria, working with Beninese authorities, helped abort the mutiny, an outcome that allegedly angered Ouagadougou. It was believe this political grievance drove their irrational and provocative treatment of the Nigerian Air Force crew.
Ironically, while Burkina Faso claimed “sovereignty violation,” the Nigerian Air Force and the Nigerien Air Force, both on opposing sides of the ECOWAS–AES political divide continue to operate jointly on the border. Niger and Nigeria have been conducting joint operations against ISWAP in part of North East.
This exposes the immaturity and isolationist attitude of Burkina Faso’s junta, which has adopted a policy of hostility even toward partners with whom they still maintain diplomatic ties.
Despite withdrawing from ECOWAS, Burkina Faso continues to operate its embassy in Nigeria. This makes its hostile action even more illogical and diplomatically inappropriate. If they expect safe operations and immunity for their missions on Nigerian soil, they must uphold reciprocal commitments under international law.
Contrary to AES propaganda, the Nigerian aircraft: had prior clearance, followed ICAO emergency protocols, declared distress, and was compelled to land for safety reasons. Aviation experts noted that aircraft transponders may switch off during emergencies, which is normal and never justifies detention of crew members.
If every country were to behave as Burkina Faso did, global aviation would collapse into chaos. Officials warn that: Burkinabè aircraft could one day face emergencies and require landing in Nigerian airspace. If Nigeria were to apply the same hostile logic, lives could be lost unnecessarily. Aviation safety is built on mutual trust, not political revenge.
A senior aviation specialist described Burkina Faso’s action as: A reckless display of ignorance and political bitterness. Emergency landing protocols are universal. Detaining crew members for saving their aircraft is unacceptable and unlawful.”
Although the Nigerian government has not publicly commented, highly placed sources confirm that quiet diplomatic pressure is being applied at the highest level to ensure the immediate release of the personnel and aircraft.
Burkina Faso’s reckless violation of icao rules over emergency landing exposes AES hostility toward Nigeria
AT PRESIDENT QUATTARA’S INAUGURATION:
** VP Shettima Reaffirms Nigeria’s Commitment To Regional Stability, Peace
** As World Bank hails Nigeria’s reforms, pledges more partnership in energy, job creation, gender empowerment
By: Our Reporter
Vice President Kashim Shettima on Monday witnessed the inauguration and swearing-in ceremony of President Alassane Ouattara for another term in office as President of Côte d’Ivoire in Abidjan, where he reaffirmed Nigeria’s continued commitment to regional peace and stability.
This is just as the World Bank has applauded the reform policies of the administration of President Bola Ahmed Tinubu, pledging to heighten its partnership with the nation on energy, job creation and gender empowerment initiatives.
At the presidential inauguration that brought together West African leaders and international dignitaries in Abidjan, VP Shettima who represented President Bola Ahmed Tinubu also conveyed the warm congratulations of the Nigerian leader to President Ouattara on his swearing-in.
The inauguration took place at the Presidential Palace, where President Ouattara took the oath of office, pledging to prioritise national reconciliation and economic stability as he begins another term leading the West African nation.
Speaking on behalf of President Tinubu, the Vice President expressed confidence in President Ouattara’s continued leadership and wished him success in his new mandate.
Senator Shettima reaffirmed Nigeria’s commitment to deepening the strong partnership between both nations and working together to advance peace, stability, security, and prosperity across the West African region.
The Nigerian Vice President noted that both countries will further strengthen their economic ties through agriculture and trade relations.
In his inaugural address, President Ouattara thanked all visiting leaders who came to show solidarity and friendship with the I’voirans, promising to continue to work for the well-being of his citizens and engage more robustly in diplomatic relations for mutual benefits.
Other leaders who attended the event include the Presidents of South Africa, Liberia, Senegal, Gambia, Angola, Ghana amongst others, and former Nigerian President, Dr. Goodluck Jonathan.
The United States was represented by a Presidential Delegation led by Under Secretary of State for Economic Affairs, Jacob Helberg. High-level personalities and delegates from ECOWAS and other nations also graced the occasion.
Meanwhile, the World Bank has applauded the reform policies of the administration of President Bola Ahmed Tinubu, pledging to heighten its partnership with the nation on energy, job creation and gender empowerment initiatives.
The global financial institution stated this on Monday in Abidjan, Cote d’Ivoire, when Vice President Shettima received in audience the Managing Director, Operations, of the World Bank Group, Ms. Anna Bjerde, on the sidelines of the presidential inauguration.
He told Ms Bjerde that the administration of President Bola Ahmed Tinubu, from inception, had to contend with negative impact of the oil subsidy regime on the economic growth of the country, just as he outlined the positive results of the administration’s bold reforms.
The VP further told the World Bank Director that the ongoing tax reforms of the Tinubu administration has yielded positive result, saying “we have crossed the Rubicon.”
He pointed out that though the impact of the reforms may have been painful at the initial stage, it has started showing the dividends, even as he said in order to turn the demographic bulge into demographic dividends, the administration is focusing on gender empowerment initiative, investments in the digital economy and agriculture for enhanced productivity.
The Vice President commended the World Bank team for being supportive to Nigeria.
Earlier, the Managing Director, Operations, of the World Bank Group, Ms. Bjerde, commended Nigeria for taking pragmatic initiatives to position the country on the right path.
Noting that the World Bank is willing to partner more on energy, she said, “First, on energy, we’re stepping up on a number of possibilities to ensure that about four million people are connected.”
Ms. Bjerde also revealed that her group will encourage and enhance upliftment and education of the girl-child in Nigeria.
AT PRESIDENT QUATTARA’S INAUGURATION:
Workshop for SAs reflects administration’s commitment to effective leadership—Governor Buni
By: Yahaya Wakili
Yobe State Governor Hon. (Dr.) Mai Mala Buni CON has revealed that the training workshop for Special Advisers reflects the administration’s commitment to effective leadership and quality service delivery.
Governor Buni started this while launching a four-day training workshop for special advisers in Kano. Adding that the training workshop aimed at boosting efficiency and promoting good governance.
The governor, ably represented by his deputy, Hon. Idi Barde Gubana (Wazirin Fune), said that the event was crucial for deepening governance effectiveness and improving policy coherence.
According to him, the workshop will also enhance service delivery across the executive team, particularly for those serving as key policy and strategic aides, and he noted that the special advisers play a vital role in policy formulation and implementation.
“The training will address practical areas, especially conflict management, collaborative engagement, communication strategy, ethical leadership, and teamwork among advisers.” Gov. Buni said.
The Secretary to the Yobe State Government, Alhaji Baba Mallam Wali mni, ably represented by the Permanent Secretary, Administration and General Services, Alhaji Madu Gashu’a, revealed that the program aims to enhance collaboration between political and administrative officers.
The training workshop is expected to enhance the participants’ effectiveness and contribute to the overall success of the administration.
Workshop for SAs reflects administration’s commitment to effective leadership—Governor Buni
Burkina Faso weaponising emergency landing to attack Nigeria after Benin fails coup
Burkina Faso’s reckless violation of icao rules over emergency landing exposes AES hostility toward Nigeria
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