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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
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Senator Lawan, Defense Committee, condoles Tinubu over Lagbaja’s demise.
Senator Lawan, Defense Committee, condoles Tinubu over Lagbaja’s demise.
By: Yahaya Wakili
President of the 9th Senate, Senator Ahmed Ibrahim Lawan PhD GCON, Yobe North Senatorial District, Chairman Senate Committee on Defense, on behalf of the Senate Committee on Defense, extend their deepest condolences to President Bola Ahmed Tinubu GCFR, Commander-In-Chief of the Armed Forces of the Federal Republic of Nigeria, the Chief of Defence Staff, Gen. Christopher Gwabin Musa, the family of the deceased, the Nigerian Army, and the entire nation on the demise of Lt. Gen. Taoreed Lagbaja, Chief of Army Staff (COAS).
In a press statement issue and signed by him made available to newsmen in Damaturu. He said Lt. Gen. Lagbaja was a dedicated and patriotic officer who served the country with distinction. As Chief of Army Staff, he played a significant role in the fight against insurgency and other security challenges confronting our nation.
“His leadership and commitment to the safety and well-being of Nigerians will be sorely missed.” Senator Lawan said.
According to Senator Lawan, during his tenure, Lt. Gen. Lagbaja initiated and implemented several innovative strategies that significantly improved the operational capabilities of the Nigerian Army.
He was instrumental in enhancing the welfare and morale of troops, ensuring that they were adequately equipped and trained to effectively discharge their duties.
The death of Lt. Gen. Lagbaja is a great loss to the nation. His experience, resolve, and patriotism that characterized his illustrious career will be deeply missed.
“The Senate Committee on Defense is committed to honoring the memory of Lt. Gen. Lagbaja by ensuring that the Nigerian Army remains a formidable and effective force capable of safeguarding our nation.
He prays, May his soul rest in eternal peace. Ameen.
Senator Lawan, Defense Committee, condoles Tinubu over Lagbaja’s demise.
News
Nigeria Seeks Support for UN security council seat from West African Countries
Nigeria Seeks Support for UN security council seat from West African Countries
By: Michael Mike
Nigeria’s Minister of Foreign Affairs, Ambassador Yusuf Tuggar, has concluded a tour of West African countries, fostering bilateral relations and garnering support for Nigeria’s bid for a permanent seat on the United Nations Security Council.
The move is part of Nigeria’s broader foreign policy objectives, which prioritize promotion and protection of national interests, African integration, and international cooperation.
Tuggar disclosed that during his
visit to Togo, discussion on investment opportunities, particularly in the phosphate industry, which is used in fertilizer production was held. He noted that Nigeria has numerous fertilizer blending plants, and Togo’s rich mineral resources present a lucrative partnership opportunity.
In Guinea-Bissau, the Minister said emphasis was made on the need for stability and harmony. He said Nigeria’s ongoing support through troop deployment and mediatory efforts is aimed at building peace in the country, noting that Tinubu’s administration is committed to ensuring Nigeria’s continued role in promoting regional peace.
Tuggar said Gambia, with its long-standing relationship with Nigeria, was another key stop. He highlighted Nigeria’s importance in Gambia’s development, particularly in education, through the Technical Aid Corp’s provision of Nigerian professionals.
He said Cote D’Ivoire, a significant economy in the ECOWAS region, was the final destination, where discussions centered on strengthening economic ties, particularly through the Abidjan-Lagos trade and transport corridor. He said the two nations also explored partnership opportunities in cashew production and other agricultural sectors.
Tuggar stressed Nigeria’s qualifications to represent Africa on the United Nations Security Council, citing the country’s selfless history of promoting regional and continental interests. With 68% of Security Council decisions affecting Africa, Nigeria’s presence is crucial.
The Minister secured support from visited countries for Nigeria’s Security Council bid and its candidate, Femi Elias, for the International Court of Justice. This diplomatic tour marks the first phase of shuttle diplomacy in the West Africa region.
Regional integration is vital to Nigeria’s foreign policy, and the country’s membership in multiple regional organizations reflects this commitment. Nigeria’s role in regional security policy is significant, and its efforts in promoting peace and security in the African continent are well-documented.
As Nigeria continues to promote its national interests and regional influence, its bid for a permanent seat on the United Nations Security Council is a testament to its growing global relevance.
Nigeria Seeks Support for UN security council seat from West African Countries
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ECOWAS Court Dismisses Objection by Nigeria against Hearing Case of Violation of Rights of Nigerian Inmate on Death Row for 30 Years
ECOWAS Court Dismisses Objection by Nigeria against Hearing Case of Violation of Rights of Nigerian Inmate on Death Row for 30 Years
By: Michael Mike
The Economic Community of West African States (ECOWAS) Court of Justice, has dismissed all objections raised by the Federal Republic of Nigeria challenging the Court’s jurisdiction and the admissibility of a case alleging the violations of the human rights of Mr Vincent Ogueri, a Nigerian man on death row.
The ruling delivered on Thursday by the Judge Rapporteur, Justice Edward Amoako Asante, paved the way for Mr Ogueri’s case to proceed for hearing of the substantive matter.
The case ECW/CCJ/APP/13/21 was brought by two non-governmental organisations (NGOs) registered in Nigeria – the Incorporated Trustees of Centre for Peace and Conflict Management in Africa, and Rethink Africa Foundation, on behalf of Mr Vincent Ogueri, a 72-year-old inmate in a Nigerian maximum-security prison.
The two NGOs which described themselves at the first Applicants in the case claim that the second Applicant, Mr Ogueri’s long incarceration under inhuman and degrading conditions has caused his health to significantly deteriorate. They sought the immediate release of Mr Ogueri who has spent nearly 30 years on death row, and the payment of a N55 million compensation to him.
Relying on provisions of the African Charter on Human and Peoples’ Rights, the NGOs alleged that Mr. Ogueri has been subjected to extreme mental torture and degrading treatment in violation of his rights under the African Charter on Human and Peoples’ Rights.
On their part, the Respondent, Federal Republic of Nigeria, raised several objections arguing that the Court lacked jurisdiction and that the case was inadmissible for various reasons including a claim that the case was statute-barred. The Respondent also argued that the Court was not an appellate court and therefore lacked the mandate to overrule Mr Ogueri’s original conviction.
In its findings, the Court noted that it had jurisdiction over the matter as the case raises allegations of human rights violations which fall under its purview according to Article 9(4) of the Court’s Protocol.
Furthermore, it rejected Nigeria’s assertion that the case was statute-barred, clarifying that the three-year limitation in Article 9(3) of the Court’s Protocol applies only to cases of extra-contractual liability involving the ECOWAS Community itself, not human rights claims against Member States.
In addition, the Court reaffirmed it was not an appellate court to review national court decisions. However, the Court stated that it had jurisdiction to determine whether the alleged treatment of Mr. Ogueri while in prison breached Nigeria’s international obligations under the African Charter.
Further, the Court ruled that the NGOs, Centre for Peace and Conflict Management in Africa, and Rethink Africa Foundation, lacked the legal capacity to bring the case before the Court, as they failed to demonstrate sufficient connection or representational authority to act on Mr Ogueri’s behalf. Consequently, the NGOs were struck off the case, leaving Mr. Ogueri as the sole Applicant.
Following this ruling, the Court will proceed to hear the substantive case concerning Mr Ogueri’s claims of inhuman and degrading treatment in violation of his fundamental rights.
Also on the panel were Justice Ricardo Cláudio Monteiro Gonçalves (presiding) and Justice Dupe Atoki (member).
This Decision marks a significant step in the Community Court of Justice, ECOWAS’ role in upholding human rights standards and addressing alleged human rights violations within its Member States.
ECOWAS Court Dismisses Objection by Nigeria against Hearing Case of Violation of Rights of Nigerian Inmate on Death Row for 30 Years
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