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ECOWAS Court Dismisses NGO’s Claims of Rights Violations by the Nigerian Government
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
Nine injured in farmers–herders clash in Nasarawa
By: Zagazola Makama
No fewer than nine persons were injured on Monday following a clash between farmers and herders in Loko community, Nasarawa State.
Zagazola report that the incident occurred at about noon on Dec. 15 in Bakono village, Loko area, after a dispute over alleged damage to farmland.
The source said the farmland involved belonged to one Bako Usman.
According to the source, the clash resulted in injuries to five farmers and four herders.
Security forces stormed the scene to restore order, while the injured persons were rushed to the General Hospital, Loko, where they were admitted and are responding to treatment.
Sources said that a stakeholders’ meeting had been convened in the community to prevent further escalation of the crisis.
According to the sources, confidence-building patrols are ongoing, the situation is being closely monitored and the area remains relatively calm.
Nine injured in farmers–herders clash in Nasarawa
Soldier killed as troops clash with suspected militia in Taraba
By: Zagazola Makama
A soldier has been killed, while two others are missing following an attack on troops escorting farmers in Takum Local Government Area of Taraba State.
Zagazola gathered that the incident occurred on Monday during a security operation in a bush area of Takum, which has been prone to clashes involving militia elements.
The source said soldiers from a special forces unit along with police, NSCDC were deployed to provide security for Tiv farmers harvesting their farm produce when they were attacked by hoodlums suspected to be local militia in Taraba state.
According to the source, one soldiers was killed during the attack.
The source further disclosed that following the incident, soldiers cordoned off the venue of the Miyetti Allah executives’ election at the FGR Samsokwa Hall, in Takum, and arrested male executives of the association present at the venue. Though it was yet to establish if they were involved in the attack.
Another sources pointed accusing finger at the Taraba state special adviser on security allegedly to be behind the Militia. Though, Zagazola cannot independently verify the claim.
Meanwhile, security forces have arrested a group of suspected armed bandits in Ifelodun Local Government Area of Kwara State. The suspects were caught with AK-47 rifles during an operation carried out on Friday.
After their arrest, the suspects were taken into custody. In a video that later surfaced online, the men were seen lying face down with their hands tied while security operatives questioned them about where they got the weapons.
One of the suspects alleged that some officials of the Kwara State government gave them both the vehicle and the rifles. He claimed they had been operating in the area under the cover of patrol duties.
According to him, the weapons did not belong to them personally. He said their leader collected the rifles and that they often went on patrol together with some individuals he mentioned by name. He insisted that the guns belonged to those officials.
Soldier killed as troops clash with suspected militia in Taraba
Gunmen abduct five workers at construction site in Kwara
By: Zagazola Makama
Gunmen suspected to be bandits have abducted five workers at a construction site along the Sabaja/Owa-Onire Road in Kwara State.
Zagazola report that the incident was reported at about 4:30 p.m. on Monday by Alhaji Suleiman Abdullah Olanrewaju, manager of Fix Contracting Engineering Company.
The source said Olanrewaju reported that the abduction occurred earlier in the day at about 11:40 a.m. while the workers were on site when the gunmen attacked and whisked them away.
Those abducted were identified as Engr. Ademola Afolabi, Engr. Umar Lade, Fatai and Akin, both labourers, as well as a driver identified as Yusuf.
According to the source, the complainant said he had earlier reported the incident to the military before notifying the police.
Upon receipt of the report, the Divisional Police Officer (DPO) in Oreke mobilised a team of police operatives who linked up with the military and local vigilantes to comb the surrounding bushes in a bid to rescue the victims and arrest the perpetrators.
Investigation into the incident is ongoing, while security agencies said further developments would be communicated.
End
Gunmen abduct five workers at construction site in Kwara
Nine injured in farmers–herders clash in Nasarawa
Soldier killed as troops clash with suspected militia in Taraba
Gunmen abduct five workers at construction site in Kwara
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