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ECOWAS Court Dismisses NGO’s Claims of Rights Violations by the Nigerian Government

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ECOWAS Court Dismisses NGO’s Claims of Rights Violations by the Nigerian Government

By: Michael Mike

The ECOWAS Court of Justice has dismissed the claims of human rights violations brought by a non-governmental organisation (NGO) that asked the Court to hold the Federal Republic of Nigeria liable for breaching its international obligation to protect human rights.

Justice Sengu Mohamed Koroma, Judge Rapporteur who delivered the judgment on Thursday said the Court dismissed all claims of rights violations due to lack of facts and evidence in support of the allegations, and ordered the NGO to pay a nominal cost of N100,000 to the Nigerian government.

The initiating application with suit number ECW/CCJ/APP/40/21 was filed on 22 July 2021 by The Registered Trustees of HEDA (Human and Environmental Development Agenda) Resource Centre, a registered NGO focused on anti-corruption, and non-partisan human rights and development in Nigeria.

The suit was premised on alleged failure of Nigeria to guarantee the rights to life, dignity of the human person, physical and mental health, and right to healthy environment for Nigerians particularly those residing in the oil producing areas of Nigeria.

Relying on Articles 1, 4, 5, 16 and 24 of the African Charter on Human and Peoples’ Rights (ACHPR), the Counsel representing the NGO claimed that despite the prohibition of gas flaring by an Act of government “Association of Gas Reinjection Act of 1979, gas flaring persisted, thereby exposing the people living in the oil producing areas to hazards including cancer, lung damage, deformities in children and skin problems.

He further claimed that environmental pollution from gas flaring contributed to global warming and climate change, adding that Nigeria’s failure to tackle it, has resulted in damaging effects on lives, the environment and monetary loss.

The NGO asked the Court to declare the continuous gas flaring in Nigeria as illegal and a gross violation of fundamental rights, and that the Nigerian government is obliged to stop gas flaring in Nigeria. It also demanded orders of the Court compelling the government to enforce gas flaring regulations against defaulters, and direct it to collect fines from defaulters.

In response, the State of Nigeria denied all the claims made by the NGO. The Counsel for the Respondent averred that the claims lacked facts and evidence, and were baseless, and urged the Court to dismiss them.

In its findings, the Court noted that the Respondent adduced proof of updated laws on regulation of the petroleum industry and other implementation measures taken to improve the environment in oil producing area and decrease gas flaring. It also noted that the NGO did not counter the submissions of the Respondent concerning its efforts to protect host communities.

As a matter of fact, the Court observed the failure of the NGO to provide any evidence supporting its claim of loss of lives, breach of the right to dignity of the human person, breach of right to physical and mental health, and lack of provision of a healthy environment owing to gas flaring. The Court therefore dismissed the claims for lack of proof.

Also on the panel were Justice Dupe Atoki and Justice Ricardo Claúdio Monteiro Gonçalves.

ECOWAS Court Dismisses NGO’s Claims of Rights Violations by the Nigerian Government

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Nigerian troops Neutralizes 4 Boko Haram Terrorists, cleaned 5 camps in Sambisa forest

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Nigerian troops Neutralizes 4 Boko Haram Terrorists, cleaned 5 camps in Sambisa forest

By: Zagazola Makama

The troops of Operation Hadin Kai in collaboration with the Hybrid and Civilian JTF Forces, nutrialised 4 Boko Haram terrorists during a clash in Sambisa Forest.

Intelligence sources told Zagazola Makama, a Counter Insurgency Expert and Security Analyst in the Lake Chad region that the insurgents were nutrialised in Bula Dalo Village, Bama Local Government Area of Borno, on July 6, 2024.

The troops also recovered various weapons and ammunition, including 80 rounds of 7.62mm x 54 metal link, 2 FN rifle magazines, and 2 G3 rifle magazines (unserviced).

The troops went further to clear the terrorists enclaves in Jango 1, 2, and 3, Arra, Bula Dalo, Ari Kanumbu, Bula Ali, and Mallam Modu Commander, but the terrorists fled before the arrival of the troops.

The troops engaged another group of terrorists at Garin Bayero, but the terrorists fled due to the superior firepower of the troops, with several of the terrorists escaping with bullet wounds.

The troops of Nigerian army, Operation Hadin Ka supported by the Air Task Force, have intensified its offensive aimed to dislodge the terrorists from their hideouts and restore security to the affected communities.

Nigerian troops Neutralizes 4 Boko Haram Terrorists, cleaned 5 camps in Sambisa forest

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BINL Plans $172bn investment in Nigeria’s Infrastructure, Energy, Real Estate, Mining

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BINL Plans $172bn investment in Nigeria’s Infrastructure, Energy, Real Estate, Mining

By: Michael Mike

Backbone Infrastructure Nigeria Limited, has announced its intention to invest $172 billion in Nigeria to develop various infrastructure sectors in the country.

According to a statement by the multi-national company on Saturday, this investment, utilising alternative financing options, will be allocated to mineral resources, energy, agriculture, housing, and transportation sectors for the next 22 years.

The administration of President Bola Tinubu has openly reaffirmed its commitment to enhancing foreign direct investment inflows into the country, while also promoting alternative financing for the construction of essential infrastructure projects.

Last year, the Minister of Industry, Trade and Investment, Doris Aniete, said the government has secured $30bn in commitments from foreign investors.

Despite this amount, Nigeria still requires investments to reduce its infrastructural gap in the region of $3 trillion over a period of 30 years according to the implementation of the National Integrated Master Plan.

The Group Chief Executive Officer, Henry Owonka, said the company with foreign partners is seeking approval for a joint venture model to facilitate its planned investment in the country.

Owonka emphasised that the company intends to align with the current administration’s infrastructure plan, highlighting that a consistent influx of investment, as proposed by the company, is preferable to isolated investments by other investors especially in the mining sector.

He said: “What we are looking for is for us to structure our program of investment, we are not looking for a sovereign guarantee which will deplete the foreign reserves but innovative ways to collateralize those natural resources that the country has in abundance. The president has verbally approved our request.

“The company expressed its interest in investing in the range of commodities. We are seeking approval for a joint venture model because in that way we can draw more investors not only in the country but also outside the country. Because when you have a joint venture with the government, it’s better and that’s what we are seeking rather than for them to just issue land to us.”

The CEO stating plans for the mining sector, noted that the company is ready to invest $4bn, “to explore mineral resources but we need data and that is also one of the offers we proposed so that we can bring in our expertise and help the government obtain accurate data and then we can explore those minerals. This partnership will help the government plan to reduce dependence on crude oil. We also doing this across all the ministries because it’s a $172bn investment drive.”

In a presentation at the Ministry of Solid Minerals Development, the Chief Operations Officer, Clement Kwegyir-Afful, explained that the investment drive is to reduce the huge infrastructural gap in the country.

He noted that: “The current administration is looking for several investments to come in through the private sector to reduce the infrastructure gap. The NBIL have come together as a team to support the government achieve this mandate without any sovereign guarantee.

“We want to help address the energy gap through the use of renewables, so one of our subsidiaries focuses on renewable and how we can address that. We are going to bring in innovative ways of funding through financier engineering to raise funds that would address the infrastructure gap.”

The statement also read: “Minerals exploration is one area the government want to use to create another source of revenue shifting from oil and that is one strong area that we want to focus on. It will raise a different form of revenue.

“To do this will require a significant amount of money, so over the next 22 to 23 years, we are looking to invest $172bn dollars. If you break this down yearly, that works to $6bn every year in investment out of the numerous numbers the president is looking for.

“We have grouped our project into phases; the first one will be the ones that have the most impact on Nigeria’s landscape, so we are looking at hospitals, renewable energies, mineral exploration and exportation because that is where we have huge concerns and also some of the deep sea ports,” he added.

BINL Plans $172bn investment in Nigeria’s Infrastructure, Energy, Real Estate, Mining

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Procurement fraud accounts for 70% of total corruption in public sector

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Procurement fraud accounts for 70% of total corruption in public sector

-PRADIN Report

A report by a member of the Procurement Observation and Advocacy Initiative (PRADIN) has alleged that 70% of procurement fraud accounts for70 percent of total corruption in the public sector.

This is even as PRADIN called on the federal government to appoint and inaugurate the National Council for Public Procurement as enshrined in Part 1, Section of the PPA 2007.

PRADIN identified challenges confronting the administration of effective and efficient procurement process in Nigeria noting that the challenges are largely responsible for the high level of corruption. and the unproductive nature of the BPP

Mohammed Bougei Attah, National Coordinator of PRADIN during an interactive session between Civil Society Organisations and the Media in Abuja recalled that study by a member of NGO Network in September 2010 shows that procurement Corruption (PC-as its now a Phenomenon) alone accounts for over 70% of total corruption in the public sector.

“Despite the huge investments and resources in the fight against corruption – human and materials- over the years, the wastage continues and corruption, particularly in high places is on the increase. ”

“As a fact, procurement Corruption is not only fighting back, it appears to be winning the way. It is believed that over $16bn of our Commonwealth has gone into wastages. And this is occasioned by corruption through abandoned projects” he said

According to Attah the media and CSO Parley is organized as an annual event to support the government’s efforts in the fight against corruption by way of providing insights into the challenges and way forward as it relates to procurement management and administration in Nigeria.

Attah recalled a statement credited to the Chairman of the Economic and Financial Crimes Commission, EFCC, Ola Olukayode during a recent visit to the Commission by immediate past Bureau of Public Procurement, BPP,. Mamman Ahmadu that “The Public Procurement Act is not helping the Commission in the fight against corruption”.

Attah summarized challenges facing the BPP into: lack of capacity and the disobedience to the rule of law, saying they include “Failure on the part of the Federal Government to constitute and inaugurate the National Council for Public Procurement as enshrined in Part 1, Section of the PPA 2007, Lack of capacity by the erstwhile appointees that headed procurement and supply chain entities in Nigeria for the last 13 years, and The failure and inability of the BPP to conduct Procurement Audit and submit the Report to the National Assembly bi-annually as required by law in Section 5(p) of the PPA 2007

He recalled that “The extant provisions in the PPA 2007, provides for the establishment of National Council for Public Procurement NCPP was passed in 2007 by the National Assembly, 13 years ago, but the previous Presidents, pursuant to Sections 5(1), 148(1) 4(2) and 4(3) as well as S.171 of the 1999 Constitution failed to inaugurate the Council till date.”

He also noted that “By virtue of the provisions of section 5(1) and 148(1) of the 1999 Constitution as well as the Finance (Management Control) Act of 1958, only a National Council on Public Procurement with the Minister of Finance as Chairman can consider, approve and amend the Monetary and Prior Review thresholds for the application of the provisions of Public Procurement Act 2007 by procuring entitles. So, by implications, the threshold presently in use without Council’s approval is illegal and not correct”

He maintained that the director general of BPP recognized by law is expected to emerge after the Council is put in place to serve as the Secretary of the Council and not before.

Procurement fraud accounts for 70% of total corruption in public sector

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