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ECOWAS Court Holds Republic of Ghana liable for Breach of Citizen’s Right to Information

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ECOWAS Court Holds Republic of Ghana liable for Breach of Citizen’s Right to Information

By: Michael Mike

The ECOWAS Court of Justice on 12 July 2024, held that the Republic of Ghana violated the right to information of Isaac Mensah and ordered the State to provide him with the requested information.

In the judgment delivered by Justice Edward Amoako Asante, Judge Rapporteur, the Court ordered the Republic of Ghana to release to Isaac Mensah, documents relating to the investigations on the enforced disappearance of his father and subsequent actions. The documents include a 2009 UN/ECOWAS Investigation Report, the coroner’s report on bodies evacuated to Ghana and report on the disbursement of the money paid by The Gambia to the affected families, among others.

The Court dismissed all other claims sought by Isaac Mensah and the Registered Trustees of African Network Against Extrajudicial Killings and Enforced Disappearances (ANEKED) against the Republic of Ghana concerning the arrest, detention, and disappearance of some West African migrants in The Gambia in July 2005.

In the application with suit number ECW/CCJ/APP/47/20, filed on 18 November 2020, the Applicants alleged that Peter Mensah, a Ghanaian and father of Isaac Mensah, was among some West African migrants travelling to Europe through The Gambia who were arrested by state security agents of The Gambia and killed or disappeared.

They averred that Ghana violated its human rights obligations under the African Charter and the International Covenant on Civil and Political Rights (ICCPR) by its failure to thoroughly investigate the enforced disappearance of Peter Mensah in The Gambia, provide effective remedy and grant the Applicants access to information relating to the unlawful detention and disappearance of Peter Mensah.

They asked the Court to direct the State to conduct an effective investigation into the disappearance of Peter Mensah, give copies of past fact-finding reports and other requested documents to the Applicants, and pay the sum of 1,500,000 USD as compensation to the first Applicant, Isaac Mensah.

In response, the Republic of Ghana challenged the competence of the Court to hear the matter since the incident occurred in The Gambia, outside the jurisdiction of the Republic of Ghana. It also objected the admissibility of the application on the grounds that the Applicants did not establish their relationship to Peter Mensah, the primary victim of the alleged human rights violations. It therefore asked the Court to dismiss the case for lack of jurisdiction and inadmissibility.

On jurisdiction, the Court declared it had jurisdiction over Isaac Mensah’s claim relating to violation of the right to information but declined jurisdiction over alleged violation of the prohibition against enforced disappearance, right to effective remedy and right to truth. The Court noted that incidents forming the basis of those claims occurred outside the territory of the Republic of Ghana and therefore the Court did not have jurisdiction over them.

On admissibility, the Court declared the first Applicant’s application relating to the violation of the right to information was admissible but that he lacked the capacity to sue on behalf of other 23 individuals claiming to be members of the Mensah family due to lack of authorisation to sue on their behalf. It also struck out the second Applicant, Registered Trustees of African Network Against Extrajudicial Killings and Enforced Disappearances (ANEKED) from the suit for lack of evidence of any mandate to bring the application on behalf of the Applicants.

In its findings, the Court noted that despite getting a waiver of confidentiality from The Gambia on a 2009 UN/ECOWAS Investigation Report on the alleged detention and enforced disappearance of Peter Mensah and others, Ghana had failed to release it to Isaac Mensah. Consequently, the Court held that the Republic of Ghana breached the Applicant, Isaac Mensah’s right to information contrary to Article 9(1) of the African Charter and Article 19(2) of the ICCPR.

The Court ordered the Republic of Ghana to release the Report and other documents requested by the Applicant to him within four months of the service of the judgment.

Also on the bench were Justice Gberi-Bè Ouattara and Justice Ricardo Claúdio Monteiro Gonçalves.

ECOWAS Court Holds Republic of Ghana liable for Breach of Citizen’s Right to Information

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E.K. Clark commends Dangote Refinery, says it will boost Nigeria’s economy

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E.K. Clark commends Dangote Refinery, says it will boost Nigeria’s economy

By: Michael Mike

In a historic moment, Nigeria marked a significant milestone with the completion of the Dangote Refinery and the rollout of Premium Motor Spirit (PMS) on September 3, 2024. This monumental achievement was met with widespread celebration, and Chief Sen. Dr. E. K. Clark, OFR, CON, was among the first to extend his warmest congratulations to Alhaji Aliko Dangote, GCON.

Clark, a renowned statesman, praised Dangote’s pioneering spirit and commitment to innovation, which has once again positioned Nigeria on the global stage. “This project will boost the Nigerian economy, increase domestic production, reduce reliance on imports, and create thousands of jobs for our young people,” Clark noted.

The Dangote Refinery, with a capacity of 650,000 barrels per day, promises to end the long queues at filling stations that have plagued Nigerians for decades. Clark commended Dangote’s philanthropic efforts, including the distribution of rice to all parts of Nigeria, and urged other entrepreneurs to follow his lead.

Clark also congratulated President Bola Ahmed Tinubu, GCFR, under whose leadership this remarkable achievement was realized. He called on the President to continue supporting this laudable effort and similar projects in the national oil and gas industry.

However, Clark also sounded a note of caution. He emphasized the need for regular access to sufficient crude oil to service the refinery and other new refineries. Additionally, he stressed the importance of implementing a pricing regime that does not inflict more suffering on Nigerians.

Clark reminded President Tinubu of the policy of creating Modular Refineries in the Niger Delta, endorsed by former President Muhammadu Buhari, GCFR. He urged the President to reopen this policy to complement the Dangote Refinery.

As Nigeria celebrates this achievement, Clark reflected on the significance of this moment. “After nearly 30 years of importing all petroleum products, national pride returns to us.” He wished President Tinubu, Alhaji Dangote, and their teams continued success and looked forward to seeing the positive impact on the nation.

With the Dangote Refinery, Nigeria has taken a giant leap towards energy self-sufficiency. As Clark aptly put it, “This is a new era for Nigeria, and we must seize this opportunity to build a brighter future for generations to come.”

E.K. Clark commends Dangote Refinery, says it will boost Nigeria’s economy

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FG Assures Nigerians that Measures are in Place to Address Plastic Pollution

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FG Assures Nigerians that Measures are in Place to Address Plastic Pollution

By: Michael Mike

The federal government has assured Nigerians that they need not be afraid of plastic pollution as needed measures are put in place towards addressing the menace of plastic waste in the country.

The National Plastic Action Partnership (NPAP) had posited that by 2030, plastic waste is expected to double to 165 million tonnes in African countries. Most of these will be in Egypt, Nigeria, South Africa, Algeria, Morrocco and Tunisia, calling for concerted and whole value chain approaches to addressing and curbing plastic pollution in Africa.

Also, reports have it that the world’s oceans contain an estimated 100 million metric tonnes of plastic with about 90% of this quantity originating from land-based sources.

Scientific findings also stated that the world’s marine life is endangered through the exposure of nanoparticles of ingested plastics which penetrate through the blood-brain barrier of seabirds, this is seen as quite alarming as every human being on the face of the earth has a connection with plastics in one way or the other.

Given the assurance of Nigerians safety from expected plastic pollution on Wednesday in Abuja, the Minister of State for Environment, Dr. Iziaq Salako at the stakeholders meeting on the Draft National Guidelines for the Implementation of the Extended Producer Responsibility (EPR) for (Plastic) Packaging, said because of the threats the federal government “is therefore putting in place measures towards addressing the menace of plastic waste from our environment, by way of developing a Sector-Specific National Guidelines for the implementation of the up-coming Plastic Waste Control Regulations under the Extended Producer Responsibility (EPR) Programme.”

The Minister, who was represented by a Director in the ministry, Dr. Ahmadu Jibrin,
said the federal government through the National Environmental Standards and Regulations (NESREA), responding to its global commitment to the Basel Convention.

He noted that the primary purpose of this draft National Guidelines when in force, is to provide far-reaching guidelines that will serve as a road map to all stakeholders in the Plastic Packaging value chain for the effective implementation of the EPR Programme as well as clearly defining the various obligations of all sector stakeholders in Nigeria.

He disclosed that: “This Document is also poised to amongst others, aid the establishment of a Plastic Packaging Registry in the country which is very germane, align with circular economy principles and sustainability efforts ultimately galvanizing towards the overall elimination of plastic pollution and the reduction of the adverse impacts of Single-Use Plastics (SUPs) from our environment. It is thus expected that this Draft Document has been reviewed by the stakeholders in the 36 States and FCT by key stakeholders, and the submitted comments had been incorporated accordingly.”

He said: “We are here today to finalize the review comments towards birthing a robust instrument that will stand the test of time in the management of the Plastic Packaging, plastic Waste and plastic pollution across their life cycle.”

In his remarks, the Director General of NESREA, Dr. Innocent Barikor said: “Today, we stand at a critical juncture in our collective efforts to address the pressing challenges posed by plastic waste in our environment. The guidelines we are discussing are not just a regulatory framework; they represent a commitment to sustainable development, environmental stewardship, and the health of our communities.”

He added that: “As we are all aware, the proliferation of plastic packaging ((Bottles (PET, PP or HDPE/PS), Flexible mono-layer materials, Rigid mono-layer materials, multi-layer and multi-material plastics) has led to significant environmental degradation, affecting our ecosystems, wildlife, and ultimately, human health. The need for a robust and effective waste management system has never been more urgent.

“The EPR Programme is designed to shift the responsibility of waste management from local authorities and taxpayers to the producers of plastic packaging. This innovative approach encourages manufacturers to take responsibility for the entire lifecycle of their products, from design to disposal.”

He volunteered that: “”In this draft National Guidelines, you will find detailed outlines of the key responsibilities of each stakeholder group, as well as specific targets for collection and recycling. These targets are not merely aspirational; they are essential benchmarks that will guide our progress and hold us accountable. It is crucial that we engage in open dialogue and consultation to refine these targets based on stakeholder input and current data.”

FG Assures Nigerians that Measures are in Place to Address Plastic Pollution

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Nigeria Promises to Strengthen Cultural Ties with Other West African Countries

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Nigeria Promises to Strengthen Cultural Ties with Other West African Countries

By: Michael Mike

Nigeria has promised to strengthen cultural ties with other West African countries in pursuant of its policy of promoting cultural diplomacy.

The promise was made on Tuesday in Abuja
by the Minister of Art, Culture and Creative Economy, Hannatu Musawa during United Nations Educational, Scientific and Cultural Organisation (UNESCO) sponsored event “Sharing Experiences and Good Practices in Safeguarding Intangible Cultural Heritage in West Africa”

At the event which drew participants from other West African countries, Musawa said:
“Your Excellencies, Distinguished Ladies and Gentlemen, in our pursuit of promoting cultural diplomacy, I stand here today to reaffirm our unwavering commitment to strengthening cultural ties with your respective countries.”

Musawa who was represented by one of her Advisors, Roshan Nanayakkara said: “We recognize the importance of collaboration and partnership in harnessing the full potential of our cultural assets and creative talents. This forum serves as a platform for us to explore new avenues of cooperation, exchange best practices, and forge lasting partnerships that will benefit our nations in the long run.

“It is my firm belief that by working together, pooling our resources, and sharing our expertise, we can achieve remarkable outcomes that will benefit not only our nations but the world at large.”

Musawa added that: “I wish to thank UNESCO, a key partner and supporter of Nigeria in all of our cultural endeavors, for convening this extremely important event. I use this opportunity to invite each and every one of you to join us on this transformative journey towards the emergence of Africa’s cultural renaissance, leading the charge from West Africa.

“Let us seize this moment to strengthen our cultural bonds, ignite our creative energies, and pave the way for a future filled with hope, inspiration and prosperity. Together, we can build a world where art, culture and creativity serve as catalysts for positive change and unity.”

In his remarks, Director UNESCO Dakar regional Office, Mr. Dimitri Sanga the meeting was convened to share experiences and good practices about living heritage in the West Africa subregion.

Sanga, who was represented by the UNESCO Representative to Nigeria, Mr Abdourahamane Diallo, said: “Indeed, this is one of UNESCO’s role: to serve as a platform for exchange, dialogue, capacity-building and networking for its Member States.”

He noted that: “This workshop is also a valuable opportunity to strengthen South-South collaboration in this field, and to ensure better protection of cultural heritage in all its forms, throughout the African continent. In addition, it is important to emphasize that the promotion of the ICH and associated creativity can help generate some opportunities for the communities and individuals, contribute to sustainable development and build peace.

“This is one more step towards achieving the sustainable development goals and the 2063 Agenda: “the Africawe want”.

He said: “This meeting is in line with UNESCO’s Phare Priority Africa program and the declaration of UNESCO World Conference on Cultural Policies and Sustainable Development – MONDIACULT 2022. This meeting is therefore a prelude to MONDIACULT 2025 to make the voice of African countries heard, particularly the one of West Africa countries.”

He noted that: “As you already know, MONDIACULT is a major event during which the 194 member states of UNESCO work together to define the global agenda for culture. The next edition will be held in Barcelona during the second semester of 2025, by which time I hope that all the States Parties will have ratified the key Culture UNESCO conventions and particularly the 2003 Convention concerning the safeguarding of the intangible cultural heritage that brings us together today.”

Nigeria Promises to Strengthen Cultural Ties with Other West African Countries

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