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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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We were sexually abused by our Chinese employers in CAR, rescued Nigerian workers alleged

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We were sexually abused by our Chinese employers in CAR, rescued Nigerian workers alleged

By: Michael Mike

Rescued 12 Nigerian trapped workers in Central African Republic (CAR) on Friday narrated their ordeal on breathing air of freedom in Nigeria, alleging that they were sexually harassed by their Chinese employers while workers at mining site.

The 12 stranded Nigerian men whose video went viral some three weeks ago finally arrived Nigeria and paid an appreciation visit to the NIDCOM office, where they were received by Chairman/ CEO Nigerians in Diaspora Commission (NIDCOM), Hon. Abike Dabiri-Erewa, and other management staff.

The leader of the rescued workers, Igorigo Freeborn said it is important for the world to know that despite owing them 11 months salaries, “we were homosexually abused by our Chinese employers in CAR.

“I am not ashamed to say it. I want other people to learn from it. We were treated badly there but thank God for sparing our lives to tell the stories today.

“I am one of those people who usually abuse Nigeria and I don’t think anything good can come out of the country but we were all so happy to receive help and succour from Nigeria.

“Let me use this opportunity to thank President Bola Ahmed Tinubu, the Minister of Foreign Affairs, the CAR Ambassador in Bangui, the Nigerians in Diaspora Commission (NIDCOM) ,NEMA, Immigration Service and other government agencies for coming to our rescue almost immediately”, he said.

Freeborn said they had suffered a lot in the past 20 months that they left Nigeria and pleaded with the government to help them redress the injustices meted out to them by their employers.

He recalled how they were left stranded in the forest after work without payment leaving them starving in a harsh and unsafe living conditions. With support from the Presidency Ministry of Foreign Affairs ,NIDCOM, and the Nigerian mission, they were relocated to Bangui, provided with medical care, and eventually brought safely back home.

Welcoming back the returnees to Nigeria, Hon. Abike Dabiri-Erewa, assured them that justice will be served as the Commission in conjunction with relevant government agencies would take up the matter on their behalf.

The NIDCOM boss condemned the acts as inhumane and assured that the matter would be pursued to ensure justice is served in line with the citizen diplomacy of President Ahmed Bola Tinubu.

She counselled them to be of good behaviour and partner with the Commission in its advocacy on irregular migration and its consequences.

NIDCOM through Hon. Abike Dabiri-Erewa gave some cash support to all the returnees to enable them settle down while expecting their unpaid salaries.

She also called on well meaning Nigerians and corporate organisations to assist the Nigerians to settle down back in the country.

A cash donation from Perchstone and Greys, presented by Mr. Toyin Adenugba on behalf of Dr. Tolu Aderemi, Secretary to the Board of Trustees of the JAALS Foundation, were given to all the 12 returnees.

Adenugba explained that the support was a demonstration of belief in the evacuees’ potential, meant to serve as a seed for rebuilding their lives, supporting their families, and creating new opportunities at home.

Other rescued workers are Rotimi Kupoluyi, Ajosi Julius, Odeh Collins, Anifowoshe Yekini, Akubo Oluwaseun and Olayemi Peter Adewale.

Others were Stephen Abel Otkli, Samuel Ojochenemi, Alih Joel Muhammed, Unekwu Bala and Yusuf Bameyi.
End

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Police arrest MOPOL, security guards over warehouse burglary in Ogun

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Police arrest MOPOL, security guards over warehouse burglary in Ogun

By: Zagazola Makama

The Police in Ogun have arrested a mobile policeman and several security guards for alleged conspiracy, burglary and theft from a warehouse belonging to H.K Printing & Packaging Limited, Agbara.

Security sources told Zagazola Makama that the incident occurred on Aug. 9 at about 11:00 p.m., when a truck drove into the company premises and proceeded to the warehouse, allegedly aided by security operatives on duty.

According to the sources, Insp. Ibrahim James, attached to PMF 16 Abeokuta, was captured on CCTV moving around and allegedly leading the operation.

Another officer, Insp. Olabamipe Olaiya, posted to the same beat, was said to be absent from duty at the time.

The company’s security guards and the implicated police personnel allegedly conspired with others still at large to break into the warehouse and cart away goods whose total value is yet to be ascertained.

Police detectives led by CSP Phillips Abayomi, Acting ACP, Agbara Division, visited the scene and arrested the mobile policeman along with the private security guards on duty during the incident.

The suspects are being interrogated, while efforts are ongoing to track down fleeing accomplices and recover the stolen items.

Police arrest MOPOL, security guards over warehouse burglary in Ogun

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Police launch manhunt for herbalist over alleged ritual killing in Nasarawa

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Police launch manhunt for herbalist over alleged ritual killing in Nasarawa

By: Zagazola Makama

The Nasarawa State Police Command says it is searching for a herbalist, simply identified as Alfa, over alleged involvement in a ritual killing and attempted murder in Mararaba.

It was gathered that the case was reported by one Jamilu Abubakar, a vigilante member.

Abubakar allegedly accompanied two young men to Alfa’s residence on Aug. 12 to seek spiritual assistance purportedly to make more money through internet fraud.

“It was gathered that Alfa prepared a concoction and meat for the victims to eat. Shortly after consuming the meal, both developed severe stomach pain and were rushed to the Federal Medical Centre (FMC), Mararaba.

“Sadly, one of the victims, Ani Sunday, aged 21, was confirmed dead by the doctor on duty, while the second, Tosin Akurunor, is responding to treatment,” said the sources.

He said Abubakar had been arrested for his role in taking the victims to the herbalist, while the main suspect, Alfa, was at large.

Efforts are ongoing to apprehend Alfa and conclude investigations, he added.

Police launch manhunt for herbalist over alleged ritual killing in Nasarawa

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