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ECOWAS Court Orders Côte d’Ivoire to Pay CFA50 million for Violation of Citizens Rights
ECOWAS Court Orders Côte d’Ivoire to Pay CFA50 million for Violation of Citizens Rights
By: Michael Mike
The ECOWAS Court of justice on 30th of November, 2023, declared the State of Côte d’Ivoire liable for violation of rights of Adou Kouamé and nine other Ivorians, and ordered the Ivorian government to pay 50 million CFA Francs to each of them as compensation.
In its judgement delivered by Hon Justice Ricardo Claúdio Monteiro Gonçalves, Judge Rapporteur, the Court declared that the Respondent – State of Côte d’Ivoire violated the right to healthy environment and health, right to private and family life, right to adequate standard of living and food, right to freedom of religion and right of minorities to have their own culture.
However, the Court dismissed the Applicants – Adou Kouame and Others’ claim that their right to property was violated, for lack of sufficient evidence of ownership. The Court also declared the second, thirteenth and fourteenth Applicants in the suit as improper parties before the Court, stating that they did not present evidence showing their relationship with the parents they claimed to be representing respectively. The Applicants request for collective compensation was dismissed by the Court too.
In the case with suit number ECW/CCJ/APP/08/21, the Applicants – Adou Kouame, village head of Similimi and 14 other residents, claimed that the State of Côte d’Ivoire’s failure to protect them from the negative effects of the mining activities in their community violated their right to healthy and sustainable environment, and health, right to religious and cultural freedom, right to private and family life, right to adequate standard of living and food, and right to property guaranteed under international laws cited in the application.
The Applicants’ lead counsels, Mr Rashidi Ibitowa, Ms Geneviève Aïssata Diallo and Mr Jonathan Kaufman argued that the Ivorian government did not “take measures to give effect to human rights protected by international law,” adding that the mining operations have had adverse effects on plantations, forests, rivers and places of worship causing them health hazards from polluted water, polluted air, explosions, noise pollution and ground tremors. And that their ancestral places of worship were destroyed by the mining activities including altars for sacrifices and they are of the opinion their ancestors are angry with them because their prayers and invocations were no longer answered.
They also asked the Court to hold the State liable for failure to validate the impact assessment results of 2010 that would have resettled them, adding that the Ministry of Mining and Geology renewed the mining licence of the company in 2018 despite the fact that the environmental damage persisted, and the company had not fulfilled its obligations.
They demanded 12 billion CFA francs as compensation for the estimated 600 residents of Similimi, and another 3 billion CFA francs for the Applicants for the prejudice suffered, and an order for their resettlement, among other reliefs.
The Respondent – State of Côte d’Ivoire said that following the exploitation of the mines, and the residents’ demand for compensation from the mining company as well as complaint of adverse effect on water and human health, the Minister of Environment engaged its agencies – Ivorian Anti-Pollution Centre (CIAPOL) and the National Environment Agency (ANDE) and that their reports led to the suspension of the activities of the mining company by an Order of 11 November 2015.
However, the company was allowed to resume activities in 2016 while implementing corrective measures, adding that periodic meetings between all parties continued until 2020 and that a general meeting was also held in 2021.
The Respondent asked the Court to declare the case inadmissible arguing that the matter was within the jurisdiction of national courts and that the claims of the Applicants were ill-founded and should be dismissed.
In the judgment, the Court which held that the matter was within its jurisdiction, also asked the State of Côte d’Ivoire to ensure the residents of Similimi community located in Bondoukou district in Côte d’Ivoire were resettled in compliance with relevant laws, ensure a healthy environment is restored rapidly, end the ongoing environmental degradation, and hold the perpetrators responsible for the environmental degradation.
The State of Côte d’Ivoire was ordered to bear the cost of litigation, and submit to the Court within three months, measures taken to implement this judgment.
Also on the bench were Justices Edward Amoako Asante (presiding) and Dupe Atoki (Member).
ECOWAS Court Orders Côte d’Ivoire to Pay CFA50 million for Violation of Citizens Rights
2027: I’ll make Adamawa better with my 10-point agenda- Dr Girei
Dr Salihu Girei, a former Director of Research, Development and Centre of Excellence, Tertiary Education Trust Fund (TETfund), has formally declared interest to contest the Governorship seat in Adamawa under the platform of the All Progressives Congress (APC).
Girei made his intention to govern the state known at a press conference in Yola while unveiling a 10-point agenda for the development of the state.
He said if given the mandate he would impact positively in the state especially at the grassroots.
He listed some of the agenda to include: free and quality education at the primary and secondary levels, healthcare service delivery, agriculture, women and youth empowerment, employment opportunities rural development among others.
Girei promised to provide a special salary package for teachers and 100 per cent review of pension for retirees.
He explained that he is presenting himself to the electorate to vote for in order to provide good governance, saying, he has a lot to offer towards improving the wellbeing of citizens of Adamawa State.
According to him, he contributed enormously to the development of the state and country at large for 33 years as a public administrator, and as a policy maker.
“I was Executive Chairman of Adamawa State Universal Basic Education Board, where I was privileged to transform the education landscape, especially at the basic education level.
“I built at least 5,500 classrooms record. Were able to recruit at least 17,000 teachers in four years.
“We promoted teachers that were lagging behind in promotion. We trained and retrained teachers. We did a lot in terms of supervision of teachers and schools”, he said.
He said, based on those factors, he knows Adamawa well and its challenges and has the capacity to deliver for the citizens.
“There is no ward in Adamawa that I have not been to. I’ve visited all in my capacity as Chairman of SUBEB and Commissioner for LG Affairs”, he said.
Dr Girei earlier visited the APC Secretariat to formally declare his intentions to the party Executives and congratulated them for their emergence as the new EXCO.
In his remarks, Alhaji Hamza Madagali appreciated the visit and assured the party’s readiness to conduct free, fair and credible primary elections across all political offices.
2027: I’ll make Adamawa better with my 10-point agenda- Dr Girei
Troops Ambush Terrorist Logistics Suppliers, Recover Items in Borno
By: Zagazola Makama
Troops of Operation HADIN KAI have foiled an attempt by suspected terrorist logistics suppliers along the Ngoshe–Ashigashiya road in Gwoza Local Government Area of Borno State.
Security sources said the troops of 82 Division Task Force Battalion, deployed at Ngoshe, laid an ambush at a known crossing point along the route at about 2:20 a.m. on April 24.
The sources said the troops made contact with suspected Boko Haram/ISWAP logistics suppliers conveying items to terrorist elements and engaged them with disciplined fire.
The suspects were forced to abandon the items and fled in disarray.
Items recovered during exploitation of the area include 10 pairs of women’s slippers, 28 sachets of 500g salt, 39 sachets of powdered milk, a motorcycle tube, a pair of joggers, two pieces of clothing materials measuring 10 yards each, two one-litre containers of engine oil and a black shirt.
The sources said no casualty was recorded on the side of the troops, while casualties on the part of the fleeing suspects could not be immediately ascertained.
They added that the troops returned to base at about 6:00 a.m. after completing the operation.
According to the sources, the general security situation across the theatre remains calm but unpredictable, while troops’ morale and combat efficiency remain high.
Troops Ambush Terrorist Logistics Suppliers, Recover Items in Borno
Troops Repel Terrorist Infiltration in Kanama, Neutralise Four Insurgents
By: Zagazola Makama
Troops of Operation HADIN KAI have repelled a Boko Haram/ISWAP terrorist infiltration into Kanama town, neutralising four insurgents during a swift response operation in Borno State.
Security sources said the incident occurred at about 6:00 p.m. on April 22 when troops of 159 Battalion, deployed in Kanama, responded to sounds of gunfire within the town.
On arrival, the troops reportedly discovered that terrorists had infiltrated parts of the community.
The troops immediately made contact and engaged the attackers with disciplined fire, forcing them to retreat in disarray.
Subsequent exploitation of the general area led to the neutralisation of four terrorists.
One member of the Civilian Joint Task Force (CJTF) sustained injuries during the encounter and has been evacuated for medical attention.
No military equipment was lost during the operation.
Items recovered from the terrorists include two torchlight mobile phones and the sum of ₦21,000.
Security sources said the general situation across the theatre remains calm but unpredictable, while troops’ morale and fighting efficiency remain high.
Troops Repel Terrorist Infiltration in Kanama, Neutralise Four Insurgents
Fairness, unity key to victory in 2027, Chieftain tells APC leadership in Adamawa
2027: I’ll make Adamawa better with my 10-point agenda- Dr Girei
Troops Ambush Terrorist Logistics Suppliers, Recover Items in Borno
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