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ECOWAS Court Orders Immediate Release of 14 Inmates Detained Since 2018 by Togolese Government

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ECOWAS Court Orders Immediate Release of 14 Inmates Detained Since 2018 by Togolese Government

… Payment of 30 million CFA to each applicant

By: Michael Mike

The ECOWAS Court has ordered the Togolese Republic to release without delay M. Adam Latif and 13 other inmates who were arrested in December 2018 amid planned demonstrations and have been detained since then.

The Applicants accused the Togolese Republic of violation of their fundamental rights.

In the judgment delivered on November 30 by Justice Ricardo Claúdio Monteiro Gonçalves, judge rapporteur, the Court ordered the payment of 30 million francs CFA to each of the Applicants in compensation for the moral damage suffered due to the violation of their rights.

It held that the Respondent State violated the Applicants’ human right not to be subjected to torture and other cruel, inhuman or degrading treatment or punishment as well as their right not to be arbitrarily detained.

However, the West African Court declared the Respondent not responsible for the infringement to the presumption of innocence, as the Applicants’ allegations did not contain any argument consistent with the meaning of the right to the presumption of innocence.

In suit ECW/CCJ/APP/09/22, Adam Latif, along with 13 others, had lodged an application against the Togolese Republic, alleging violations of their rights to physical and mental integrity following their arrests by state security forces.

They asserted infringements of their rights against torture, cruel, inhuman and degrading treatment, and their rights to the presumption of innocence.

The Applicants had alleged that their arrests occurred amid planned demonstrations in December 2018, spurred by the Togolese authorities’ failure to implement the Global Political Agreement (GPA) – a reformative accord among the ruling party, the opposition, and civil society – and the recommendations of the Truth, Justice and Reconciliation Commission (CVJR).

Despite the non-occurrence of the demonstrations, they were apprehended, charged, and subsequently inflicted with the alleged acts for confessions. They argued that these incidents, coupled with the extensive pre-trial detention, compromised their presumption of innocence and depicted the judicial system’s utilization for political gains.

The Applicants informed the investigating judge of the alleged violations and stressed that an impartial investigation should have been conducted immediately, as per the United Nations Convention against Torture.

However, he dismissed their reports and their request for provisional release were systematically rejected, even after interventions of the Court of Appeal.

They told the Court that they sought the intervention of the Minister of Justice and the Head of State to no avail, and that they were held in detention for political reasons.

The 14 detainees prayed ECOWAS Court to order their immediate release and to mandate the Togolese Republic to carry out effective investigations to enable them initiate prosecutions against the alleged perpetrators of the violations. They also asked for 250 million FCFA each in compensation for the endured sufferings resulting from the alleged torture, arbitrary detention, and infringement of their rights to the presumption of innocence.

At its 25 September 2023 session, the Court had dismissed the Togolese Republic’s defense submitted after a year in disregard of article 35 of the Rule of Procedure of the Court which requires that defenses must be lodged within one month after the service of the application.

In its analysis, on the alleged violation of the right to physical and mental integrity and the right not to be subjected to acts of torture or to cruel, inhuman and degrading treatment, the Court considered that the Respondent failed to fulfill its obligations under Article 1 of the African Charter and Article 2 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, to protect the Applicants against abuses resulting from the actions of its agents, since ‘it has not demonstrated that it adopted adequate measures to guarantee an independent and effective investigation into the complaint filed by the Applicants.

Also, in the absence of any evidence presented by the Respondent to justify that the Applicants’ arrests were in accordance with national or international law, the Court held that the Respondent violated the applicants’ right not to be arbitrarily detained.

Also in the three-member panel were Justices Edward Amoako Asante, Presiding, and Gbéri-bè Ouattara, Member.

ECOWAS Court Orders Immediate Release of 14 Inmates Detained Since 2018 by Togolese Government

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VP Shettima Attends AU Heads of State Plenary Session

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VP Shettima Attends AU Heads of State Plenary Session

By: Our Reporter

Vice President Kashim Shettima is attending the plenary of the 39th Ordinary Session of the Assembly of Heads of State and Government of the African Union in Addis Ababa, Ethiopia.

The opening session has drawn leaders from across the continent and beyond, as delegates convene to address critical issues under this year’s theme: “Assuring Sustainable Water Availability and Safe Sanitation Systems to Achieve the Goals of Agenda 2063.”

The Vice President is representing President Bola Ahmed Tinubu at the high-level gathering.

VP Shettima Attends AU Heads of State Plenary Session

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Experts Warn Senate Amendment to Electoral Act May Weaken Electronic Transmission Safeguards

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Experts Warn Senate Amendment to Electoral Act May Weaken Electronic Transmission Safeguards

By: Michael Mike

A coalition of electoral reform advocates, legal experts and technology specialists has warned that the proposed amendment to Clause 60(3) of Nigeria’s Electoral Act could undermine recent gains in electoral transparency if not carefully revised.

They gave support to the position of the House of Representatives over that of the Senate, stating that the lower legislative arm position on the amendment of the electoral act was a lesser devil than that of the upper chamber.

The position emerged from an Expert Round Table convened in Abuja on Friday by ActionAid Nigeria, YIAGA Africa and the Movement for the Transformation of Nigeria. The meeting brought together academics, civil society leaders, lawyers, engineers, election administrators and governance specialists to examine the implications of the National Assembly’s amendment to Clause 60(3) of the Electoral Act 2022.

At the centre of deliberations was the provision dealing with electronic transmission of election results. While the current law provides for electronic transmission, the Senate’s amendment affirms that manually signed polling unit results remain legally valid if electronic transmission fails. Participants argued that this caveat could reopen long-standing vulnerabilities in Nigeria’s electoral process.

Experts at the forum stressed that credible elections are the bedrock of democratic legitimacy and political stability. They noted that Nigeria’s democratic history has repeatedly been strained by allegations of manipulation, flawed collation processes and protracted post-election litigation. According to participants, strengthening transparency in result transmission is critical to rebuilding public confidence.

A major focus of the discussion was the role of the Bimodal Voter Accreditation System (BVAS) and the INEC Result Viewing Portal (IReV) in safeguarding results at polling units. Participants described electronic transmission not merely as a technological innovation but as a protective mechanism against manipulation during collation — historically considered the weakest link in Nigeria’s elections.

Technical experts at the meeting maintained that electronic transmission is largely feasible nationwide, citing data that shows approximately 98 per cent network coverage across polling units, with only about two per cent classified as connectivity blind spots. They recommended targeted infrastructure investment to address these gaps rather than reverting to manual safeguards that could compromise transparency.

Concerns were also raised about legal ambiguities in the proposed amendment. Participants observed that the Senate version does not explicitly mandate electronic transmission through BVAS, nor does it clearly outline procedures in the event of technical failure. This, they argued, could create loopholes and fuel conflicting interpretations between manual and electronically transmitted results.

Another issue highlighted was the legal status of regulations issued by the Independent National Electoral Commission (INEC). Many operational guidelines governing electronic transmission are contained in subsidiary regulations rather than entrenched in the Act itself, potentially weakening their enforceability in court.

The experts warned that ambiguity in the law could increase election petitions and deepen what they described as the “judicialization of politics,” where electoral outcomes are increasingly determined in courtrooms rather than at the ballot box.

Beyond the amendment, participants identified broader institutional challenges affecting electoral integrity, including perceived executive influence in appointments to INEC, vote buying, weak enforcement of electoral offences and political interference. They called for comprehensive reforms to strengthen the independence and technical capacity of the electoral body.

In their resolutions, the roundtable participants reached consensus that electronic transmission should be clearly established in law as the primary and legally binding method for transmitting election results. They expressed preference for the version passed by the House of Representatives, which does not prioritise manually signed results in cases of transmission failure, while recommending further refinements to ensure clarity.

They also urged lawmakers to incorporate key INEC regulations directly into the Electoral Act, reform judicial procedures governing election disputes for faster resolution, and invest in election technology infrastructure.

Looking ahead, the experts advocated a long-term reform agenda that could eventually include electronic voting, drawing from international best practices. They further called on the National Assembly to conduct a public hearing on the technical glitches recorded during the 2023 general elections to prevent recurrence and enhance accountability.

The meeting concluded that Nigeria’s democratic future depends on ensuring that electoral reforms strengthen — rather than dilute — safeguards designed to reflect the true will of voters. Participants pledged continued legislative engagement and public advocacy to protect the integrity of the country’s electoral framework.

Experts Warn Senate Amendment to Electoral Act May Weaken Electronic Transmission Safeguards

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Wife of the Vice President of Nigeria in Ethiopia

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Wife of the Vice President of Nigeria in Ethiopia

By: Our Reporter

Wife of the Vice President of Nigeria Hajiya Nana Shettima arrived Addis Ababa With Her Husband, Senator Kashim Shettima to attend the 30th General Assembly of Organization of African First Ladies For Development (OAFLAD) while The Vice President will be attending the 39th Ordinary Session of the Assembly of African Union Heads of States and Government on behalf of President Bola Ahmed Tinubu

Mrs Shettima is Representing First Lady of Nigeria Senator Oluremi Tinubu CON.
The African First Ladies are expected to Focus on internal issues and advance OAFLAD’s strategic priorities.

The 30th General Assembly’s open session under the theme “Building Resilience for Women and Girls: Climate, Conflict, and Sustainable Futures will be held on the 15th of February.

Mrs Shettima who left Abuja this afternoon for Addis Ababa the Capital of Ethiopia will participate in various meetings with African First Ladies spanning for Three Days

Wife of the Vice President of Nigeria in Ethiopia

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