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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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One killed, two injured as bandits attack worshippers in Zamfara mosque

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One killed, two injured as bandits attack worshippers in Zamfara mosque

By: Zagazola Makama

Atleast one person killed and two others injured following a bandit attack on worshippers during Isha (night) prayers in Dole Moriki village, Moriki District of Zurmi Local Government Area.

Intelligence sources told Zagazola Makama that the attack occurred at about 8:00 p.m. on Saturday when a group of armed bandits invaded the village and opened fire on Muslim worshippers observing Isha prayers in a local mosque.

“One person was confirmed dead at the scene, while two others sustained varying degrees of injuries as the bandits shot sporadically at worshippers during the prayer session,” the statement said.

Security forces were mobilized to the scene, where efforts were made to repel the attackers and restore calm.

The injured victims and the deceased were taken to General Hospital Moriki, where the wounded are currently receiving treatment. The corpse was later released to relatives for burial according to Islamic rites.

One killed, two injured as bandits attack worshippers in Zamfara mosque

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Air Interdiction at Talala and Ajigin Decimates Terrorists’, kill scores

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Air Interdiction at Talala and Ajigin Decimates Terrorists’, kill scores

By: Zagazola Makama

The Air Component of Operation Hadin Kai (OPHK) has carried out a successful air interdiction mission targeting ISWAP terrorists at Talala and Ajigin in the Timbuktu Triangle of Borno State.

Intelligence sources confirmed to Zagazola Makama that the precision strikes were conducted on 7 May 2025 at approximately 1730 hours. The mission, executed under the ongoing Operation KALACHEN WUTA II, was based on credible intelligence and persistent surveillance.

The sources said that “Our ISR platforms had earlier picked up significant terrorist activities at the Talala and Ajigin axes, indicating that the enemy was regrouping and storing logistics in preparation for coordinated attacks.

“Following confirmation of the threat, the Air Component engaged the enclaves in a decisive strike. The precision-guided engagement resulted in the neutralisation of scores terrorists and the destruction of numerous logistics assets, including makeshift structures, weapons, and mobility platforms.”

The source described the operation as a “strategic success” that has disrupted ISWAP’s tactical preparations and denied the insurgents the opportunity to launch offensives during a critical festive period.

“As we speak, we are monitoring for post-strike effects and enemy reactions. Preliminary assessments indicate disarray within their ranks, suggesting panic and operational setbacks.”The sources observed.

“This operation sends a clear message: wherever the enemy attempts to find cover, we will find them, and we will strike with precision and resolve,” the sources said.

Zagazola has earlier reported significant build-up of militants observed in the Talala axis of the Timbuktu Triangle forests in Damboa Local Government Area, Borno State, with an intention to carry out attacks after the terrorists were sighted in about 28 motorcycles and vehicles.

Air Interdiction at Talala and Ajigin Decimates Terrorists’, kill scores

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Fadile Pays Tribute to Late CJN Mohammed Uwais, Describes Him as “My Father in the Judiciary.”

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Fadile Pays Tribute to Late CJN Mohammed Uwais, Describes Him as “My Father in the Judiciary.”

By: Michael Mike

The first military-trained lawyer with a PhD in International Law in Nigeria, Col. Bello Fadile (rtd), has mourned the passing of a stalwart, Justice Mohammed Lawal Uwais GCON, former Chief Justice of Nigeria (CJN), who passed on at the age of 89.

Fadile, a prominent figure and author, paid a heartfelt tribute yesterday to the late jurist, describing him as “My Father in the Judiciary.”

Fadile recounted the remarkable story of how Justice Uwais, then CJN, intervened on his behalf during his detention in 1995, braving the military regime to ensure his release.

The Nigerian Army’s first lawyer tribute highlighted Justice Uwais’s unwavering commitment to justice, humility, and integrity. He quoted Uwais’s powerful statement: “A corrupt judge is more harmful to society than a man who runs amok with a dagger in a crowded street.”

Part of the statement read: “At the ripe age of 89, he left us in this sinful world as Allah SWT willed. We accept the vadict as appeal lies nowhere. To we the immediate families, we pray to Allah SWT to give us the fortitude to carry on relying on the principles he lived on and left for us which are:- humility, impartiality, humane, love, detribalised, uprightness and fear of Almighty Allah SWT.

“And to the Nigerian judiciary which he dedicated his life to, i urge you all to follow his footsteps, which he captured brilliantly;
‘ A corrupt judge is more harmful to the society than a man who runs amok with a dagger in a crowded street. The latter can be restrained physically. But a corrupt judge deliberately destroys the moral foundation of society and causes incalculable distress to individuals through abusing his office while still being referred to as Honorable “

“ As captured in my book, Lives: The Bello Fadile Memoirs, I shall forever be grateful to MyLord, the Justice Mohammed Lawal Uwais GCON for the risk he took when I was arrested for the alleged fathom coup in 1995.”

Fadile who is the founder and chair of the Council for African Security Affairs, recounted how he was “detained near his house and I sent at note to him as the then CJN, without hesitation or fear of the military, his life or his job, he acted on my request and reached out Late Honorable Justice Karibi-Whyte and together they raised my detention with the Head of Military Government. And of course, they became my link to the Head of State, going and coming back with messages. What man with a lion heart.”

“On my release in March 1999. MyLord traveled from Abuja to Kaduna to see me. He came with clothes, bundles of sheda, and thousands of cash. That was my Father in the Judiciary for you. I was able to see him after 10 years in November 2024, and now he is no more.,” he added.

Fadile noted that late Justice Uwais’s legacy serves as a shining example for the Nigerian judiciary.

According to him, Justice Uwais’s remarkable life and contributions to Nigeria’s judiciary will be remembered for generations to come, adding that “his courage, integrity, and dedication to justice have left an indelible mark on the nation’s legal landscape”.

Fadile Pays Tribute to Late CJN Mohammed Uwais, Describes Him as “My Father in the Judiciary.”

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