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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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Zamfara: Troops neutralise terrorist, recover arms in Shinkafi LGA

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Zamfara: Troops neutralise terrorist, recover arms in Shinkafi LGA

By Zagazola Makama

Troops of the 1 Brigade of the Nigerian Army operating under Operation FANSAN YANMA have neutralised a suspected terrorist and recovered arms during an offensive operation in Shinkafi LGA.

Security sources told Zagazola Makama that the operation was carried out on March 13 by troops of CT 5, who launched a deliberate clearance mission targeting terrorist camps located at Tubali and Zangon Danmaka.

The sources said the operation followed credible intelligence on the presence of armed bandits and other criminal elements using the locations as operational hideouts.

During the operation at Tubali, troops made contact with the suspected terrorists and engaged them in a brief gun battle, forcing the criminals to flee into nearby forested areas.

“During the engagement, one terrorist was neutralised, while others escaped with possible gunshot wounds,” the source said.

Following the encounter, troops conducted exploitation of the area and recovered one AK-47 rifle, a magazine containing two rounds of 7.62mm special ammunition, and a motorcycle believed to belong to the fleeing terrorists.

The recovered items were secured by the troops while further search operations were carried out around the camp to ensure that no other threats remained in the vicinity.

The sources added that when troops advanced to Zangon Danmaka, no contact was made with terrorists as the suspects were believed to have fled the area ahead of the troop arrival.

However, troops maintained dominance in the general area while conducting further patrols and surveillance operations aimed at preventing the terrorists from regrouping.

Zamfara: Troops neutralise terrorist, recover arms in Shinkafi LGA

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Troops arrest suspected ISWAP spy in Kanama, Yobe

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Troops arrest suspected ISWAP spy in Kanama, Yobe

By Zagazola Makama

Troops of 159 Battalion in collaboration with members of the Civilian Joint Task Force have arrested a suspected spy linked to terrorists operating in the North-East in Kanamma Yobe state.

Security sources told Zagazola Makama that the suspect, identified as Malam Fantami, a native of Dikwa was apprehended during a security operation by troops deployed in the area.

The sources said the suspect was intercepted following credible intelligence indicating that he might be working as an informant for terrorists affiliated with the ISWAP.

According to the sources, items recovered from the suspect at the time of his arrest included a mobile phone, a smart watch, prayer beads, a motorcycle key, and a cash sum of ₦7,000.

Preliminary examination of the suspect’s mobile phone by security personnel reportedly revealed several suspicious materials, including photographs of motorcycles, large sums of cash, AK-47 rifles and other items believed to be linked to terrorist activities.

“The discovery of these materials has raised serious suspicion about the suspect’s role as a possible logistics informant or intelligence asset for insurgent elements operating in the region,” the source said.

The suspect is currently in military custody, where he is undergoing further interrogation to determine the extent of his involvement with terrorist networks and to identify possible collaborators.

The military high command said the arrest forms part of ongoing counter-terrorism efforts by troops in the North-East aimed at dismantling the intelligence and logistics networks that support insurgent operations.

Kanama, located in Yunusari Local Government Area of Yobe State near the border with Niger Republic, has remained an important corridor frequently exploited by insurgent groups for movement and supply activities.

Troops arrest suspected ISWAP spy in Kanama, Yobe

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Troops repel ISWAP attack in Bita, Borno

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Troops repel ISWAP attack in Bita, Borno

By: Zagazola Makama

Troops of Operation HADIN KAI successfully repelled an attack by terrorists suspected to be members of ISWAP in Bita area of Borno state following a fierce overnight encounter.

Security sources said the attack began at about 1:09 a.m. on Saturday, when the insurgents launched a coordinated assault on troops of the 26 Task Force Brigade deployed in the Bita axis.

According to the sources, the terrorists attempted to overwhelm the troops’ position but were met with stiff resistance from the soldiers who engaged them in a sustained gun battle.

“In a decisive and coordinated operation, gallant troops of Operation Hadin Kai launched a simultaneous land and air assault on terrorist positions in Bita in the early hours of today,” the source said.

The coordinated response involved ground troops engaging the insurgents while aerial support conducted precision strikes and surveillance over the battlefield, forcing the attackers to retreat.

The intense engagement compelled the terrorists to withdraw towards their enclaves after suffering heavy pressure from the combined land and air assault.

Following the withdrawal of the insurgents, troops immediately commenced exploitation operations to pursue fleeing elements of the terrorist group and prevent them from regrouping.

Troops repel ISWAP attack in Bita, Borno

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