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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
“Yobe Govt Spends Over 7.9Billion on Basic and Secondary Education” ~Commissioner
By: Our Reporter
The Commissioner, Yobe State Ministry of Basic and Secondary Education, Dr. Abba Idriss Adam has disclosed that Yobe State Government has adequate allocation for the ministry and the Governor of Yobe State, Hon. Mai Mala Buni has never turned down the ministry’s requests.
The Commissioner made the disclosure today 7th November, 2024 following a report published by Sahara Reporters with the title; “Yobe Government spends 3.8billion on Sitting Allowances, Presidential Chalets, Records Zero Expenditure on Basic Education”.
Speaking on behalf of the Commissioner, the Permanent Secretary of the Ministry, Alh. Bukar Aji Bukar stated that the state government had spent over 7.9billion naira in the sector. This includes; the schools construction and renovations, school feedings, examination fees (WAEC, NECO, NABTEB) transportation for exchange students, procurement of instructional materials as well as UBEC counterpart funds. These are numerous to mention. “This is to tell you that we have adequate allocation for basic and secondary education”. He added.
“You can also recall that since the inception of Hon. Mai Mala Buni, the state government has declared state of emergency on primary and secondary education. The initiative which was to build a solid, vibrant and robust foundation for the development of education and revitalize it to address emerging challenges in the state and this is making a great impact in the sector”.
Alh. Bukar Aji Bukar then called on the well-meaning Nigerians more especially the journalists to always fact check their information before going to the public.
“Yobe Govt Spends Over 7.9Billion on Basic and Secondary Education” ~Commissioner
ZETSI Africa Recognizes Borno State’s ICT Achievements
By: Our Reporter
The Zero Tolerance for Social Immorality (ZETSI) Africa has lauded the Borno State Information and Communication Technology Development Agency (BICTDA) for its outstanding achievements. ZETSI awarded the agency’s Executive Secretary, Engr. Mohammed Ahmed Kabir Wanori, for his exceptional leadership.
Governor Engr Babagana Umara Zulum’s 25-year strategic plan and 10-pack agenda have driven significant human capital development in the state. Notably, BICTDA has established 14 digital divide hubs across Borno within just eight months.
Amb. Maje the country director for ZETSI praised Governor Zulum’s vision, stating, “In just eight months, Borno State has made remarkable strides in digital development, a testament to the Governor’s strategic leadership.”
Engr. Wanori expressed gratitude for the recognition and pledged to partner with ZETSI for a brighter future for the youth.
ZETSI Africa Recognizes Borno State’s ICT Achievements
ECOWAS Court Orders Sierra Leone to Repeal Loitering Laws Violating Human Rights
By: Michael Mike
The Economic Community of West African States (ECOWAS) Court of Justice, has on Thursday ordered Sierra Leone to amend, modify, or repeal its laws on loitering in public places to comply with the country’s obligations under Articles 1, 2, 3(1), and 12(1) of the African Charter on Human and Peoples’ Rights.
A Sierra Leonean NGO, Advocaid Ltd, had filed an application with the Court on 12 April 2022 challenging certain provisions of Sierra Leone’s Public Order Act, Summary Conviction Offences Ordinance, and Criminal Procedure Act which authorise the police to arrest any person who is idle in a public place and cannot give a good account of himself or herself.
The Applicant contended that maintaining and enforcing these laws violate the principles of non-discrimination, equality before the law, and freedom of movement, particularly concerning impoverished and marginalized people.
In the Judgment delivered by Justice Edward Asante Amoako, the Judge Rapporteur, the Court found that the loitering laws perpetuate discrimination against economically disadvantaged individuals, violating the right to non-discrimination and equal protection under Articles 2 and 3(1) of the African Charter on Human and Peoples’ Rights. Additionally, the laws impose unwarranted restrictions on freedom of movement, contrary to Article 12(1) of the African Charter.
The Court also noted that vague terms in the loitering laws, such as “idle” and “disorderly,” create opportunities for arbitrary enforcement and do not meet standards of legality, necessity, and proportionality in a democratic society.
Accordingly, the ECOWAS Court ordered Sierra Leone to undertake legislative reforms to amend, modify, or repeal these loitering laws to comply with its human rights obligations under the African Charter.
The Court further directed each party to bear its own costs in the suit.
Also on the three-member panel were Honourable Justices Ricardo Cláudio Monteiro Gonçalves, presiding and Dupe Atoki, member.
ECOWAS Court Orders Sierra Leone to Repeal Loitering Laws Violating Human Rights
ECOWAS Court Dismisses Objection by Nigeria against Hearing Case of Violation of Rights of Nigerian Inmate on Death Row for 30 Years
“Yobe Govt Spends Over 7.9Billion on Basic and Secondary Education” ~Commissioner
ZETSI Africa Recognizes Borno State’s ICT Achievements
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