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ECOWAS Court Says It Lacks Jurisdiction to Transfer Nigerian Serving Jail Term in America to Nigeria’s Prison

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ECOWAS Court Says It Lacks Jurisdiction to Transfer Nigerian Serving Jail Term in America to Nigeria’s Prison

By: Michael Mike

The ECOWAS Court of Justice has declared it lacks jurisdiction and dismissed all the requests made by one Richard Ugbah, a Nigerian who asked the Court to order his transfer from the United States, where he is serving a 12-year imprisonment for wire fraud, in order to complete the remainder of his sentence in his home country.

In the suit No: ECW/CCJ/ APP/ 18/21, filed in the Court, the Applicant, Richard Ugbah, who was sentenced to 12 years imprisonment having been found guilty of wire fraud by a US Court on 14/2/2017 asked the ECOWAS Court to order for his transfer to Nigeria, having satisfied the requirements for such a transfer.

In its judgment delivered on Thursday by Justice Sengu Mohamed Koroma, Judge Rapporteur, the Court declared that it lacks jurisdiction to hear the matter.

In dispensing with the issues, the Court held as to admissibility, that the Second Respondent, the Ministry of justice of the Federal Republic of Nigeria is not a proper party before this Court. However, it upheld the Preliminary Objection raised by the First Respondent, the Federal Republic of Nigeria and declared the claims before it as unfounded and without legal basis. Consequently, it dismissed all the reliefs sought by the Applicant.

In the Initiating Application, the Applicant averred that he is Nigerian citizen resident in the US who was convicted by District Court for the Western District of Wisconsin after he pleaded guilty on one count of wire fraud on 14/2/17 and was sentenced to twelve (12) years imprisonment.

He had also pleaded guilty on 15th November 2017 on another count of conspiracy to commit fraud and judgment was entered on 22/11/17.

The Applicant further stated that having served eight years of the sentence, he is due for release on 8th May, 2026.

He urged the Court to issue the orders having satisfied the conditions for transfer to complete the term in Nigeria in line with the provision of the United Nations Office on Drugs and Crime Handbook on the International Transfer of Sentenced Persons.

He also averred that the transfer of sentenced persons is seen to be an important means of co-operation to prevent and combat crimes, which is the purpose of the United Nations convention against illicit traffic in Narcotic drugs and psychotic substances of 1998, the United Nations Convention against corruption and the United Nations Convention against Transnational organized crime.

The Applicant further asserted that all three conventions mentioned above, refer to the possibility of concluding agreements to facilitate the transfer of persons convicted abroad for the offences covered by the conventions to another state to complete their sentence.

The Respondent, Federal Republic of Nigeria, filed a Preliminary Objection contending that the Applicant’s Initiating Application is incompetent having regard to Article 9 and 10 of the Supplementary Protocol (A/SP./01/05). They added that the 2nd Respondent, the Ministry of Justice is neither a Community Institution nor a signatory to the Economic Community of the West African States Treaty.

The Respondent further claimed that the Honourable Court lacks the Jurisdiction to entertain the suit, and therefore urged the Court to strike out the notice of registration for want of jurisdiction and lack of cause of action.

In its decision, the Court recognized that both parties wanted to remove the Second Respondent from the case, arguing that it was an improper party. The Court struck out the Second Respondent on this basis.
The Court also stated that the Applicant hasn’t shown a valid reason for their complaint against the Respondent.

The Court also found that the matter of competence is a legal issue and the argument presented by the Applicant has no legal basis vesting the Court with the authority to hear and determine the case. As a result, it dismissed the claim and upheld the Respondent’s Preliminary Objection.

The other judges on the panel were Justices Dupe Atoki (Presiding) and Ricardo Claúdio Monteiro Gonçalves (Member).

ECOWAS Court Says It Lacks Jurisdiction to Transfer Nigerian Serving Jail Term in America to Nigeria’s Prison

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Yobe: Flood kills 10 in Jakusko

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Yobe: Flood kills 10 in Jakusko

By: Yahaya Wakili

The Executive Chairman of Jakusko local government area of Yobe state, Hon. Umaru Aguwa, has said that about 10 people died in Jakusko local government area as a result of the floods this year.

Aguwa disclosed this to newsmen in his office at Jakusko, the headquarters of the council. He said the council has constructed over 15 canoes and distributed them to the towns that were worst affected by the floods in the local government area.

“We thank God for what is happening because the disaster triggered by heavy rainfall in the area and Dan Takunne village was worst affected by the flood, but no lives were lost but many properties were destroyed.

He revealed that His Excellency, the Executive Governor of Yobe State, Hon. Mai Mala Buni CON, sent us officials of SEMA under the leadership of the Executive Secretary, Dr. Mohammed Goje. We want to go to Dan Takunne village and go round and access the damage because Dan Takunne were swept away by the floodwaters. 

“The council also purchased empty sacks and distributed them to all affected areas with a view to controlling the water. Adding that, God, in his mercy, our lucky River Yobe is not overflooding enough this year unlike before, but the floods are almost touching everywhere in Jakusko local government,” he said.

According to him, this disaster triggered is from God, and since the rain fell this year, they didn’t spend good three days without getting water, and everybody knows that this is from Almighty Allah (SWT); therefore, let us pray to God to reward us abondant in his mercy.

The Chairman commends His Excellency, the Executive Governor of Yobe State, Hon. Mai Mala Buni CON, Chiroman Gujba, for his efforts towards assisting the local government councils in the state.

He urges the people to be patient; there is an alternative for irrigation farming, and if people engage fully in this irrigation farming, Inshallah, God will reward us with what we lost at the back.

Yobe: Flood kills 10 in Jakusko

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Zulum Activates Gov’t Machinery to Avert Flood Disaster in Borno

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Zulum Activates Gov’t Machinery to Avert Flood Disaster in Borno

… Borno SSG to Coordinate Emergency Response

By: Our Reporter

Borno State Governor, Babagana Zulum has directed the immediate activation of all relevant government resources and machinery ahead of any possible overflow of water due to the unprecedented high volume of rainfall this year, to avert any flood disaster in Maiduguri, it’s environs and other parts of the state.

Zulum’s directive, released in a statement by his Senior Special Assistant on New Media, Abdurrahman Ahmed Bundi, became imperative due to rising concerns about the possible overflow of the Alau Dam, which recharges Maiduguri city’s water treatment plants for domestic use and irrigation.

The Governor noted with concern that the high volume of rain across parts of the state may possibly lead to flooding.

Zulum consequently instructed all relevant government agencies and local councils to dutifully discharge their responsibilities by continuously assessing vulnerable areas, implementing preventive measures, and conducting public awareness campaigns across all communities in their domains.

The Governor also cautioned the public to be conscious about the possible risks, be vigilant and abide by all directives from government agencies and constituted authorities on all emergency response protocols.

The Governor directed that all local government councils should mobilise all relevant officials and units to conduct site assessments in at-risk neighbourhoods and collaborate with relevant Civil Society Organisations (CSOs), Community-Based Organisations (CBOs), community and religious leaders, and other opinion leaders and institutions.

He said that government has identified high-risk locations that are prone to flooding, and is implementing solutions such as constructing temporary barriers and establishing emergency evacuation routes.

“We cannot afford to be complacent in the face of this impending challenge”, Zulum was quoted as saying. “It is imperative that we should mobilize all our resources, engage all stakeholders across communities, and implement effective measures to safeguard our people.”

“We have a standing committee to mitigate flooding; which, has in the past evacuated and led to the construction of more drainages in different parts of the state. I have instructed more measures to avert any emergency health epidemic. We have also established the Agency for the Great Green Wall.”

“We have also desilted, dredged and constructed concrete retaining walls around River Ngada to avert erosion that could possibly lead to flooding of Maiduguri and its environs.”

“As part of the long-term measure, we intend to construct structures to harvest water for irrigation and embark on soil conservation, including reinforcement at the river banks and desilting of river Ngada to allow free passage of water.”

… Borno SSG to Coordinate Emergency Response

Meanwhile, the Secretary to the Borno State Government, Alhaji Bukar Tijani, is coordinating the flood emergency responses to ensure the Governor’s directives are fully implemented to ensure the safety of all residents.

The SSG has visited Alau Dam, Gongulong, Gwange, Farm Center, 505 Housing Estate and several other locations within the metropolis and environs to assess the situation and provide the necessary guidance to avert collosal damage from any possible flooding.

Many Nigerian states, including in the North-east have experienced flood disasters this year, which have been attributed to the unprecedented volume of rainfall this season.

Zulum Activates Gov’t Machinery to Avert Flood Disaster in Borno

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COAS EMBARKS ON WORKING TOUR OF 17 BRIGADE, CHARGES TROOPS TO UP OPERATIONAL TEMPO, CONDOLES THE YAR’ ADUAS, KATSINA GOVERNMENT

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COAS EMBARKS ON WORKING TOUR OF 17 BRIGADE, CHARGES TROOPS TO UP OPERATIONAL TEMPO, CONDOLES THE YAR’ ADUAS, KATSINA GOVERNMENT

By: Our Reporter

The Chief of Army Staff (COAS) Lieutenant General Taoreed Lagbaja has embarked on a working tour of 17 Brigade Area of Responsibility in a deliberate effort to access and reinvigorate ongoing counter-terrorism counter-insurgency operations in North West Nigeria.

The COAS, who arrived at the Headquarters 17 Brigade in Katsina with a team of principal staff officers from the Army Headquarters on Friday 6 September 2024, immediately received a brief on the security situation and operational disposition of the Brigade by the Commander, Brigadier General Babatunde Omopariola.

Addressing the troops, the COAS stated that in pursuit of his Command Philosophy to provide efficient leadership, sound administration, and operational effectiveness, the Nigerian Army (NA)has initiated several welfare schemes to shore up the morale of troops by progressively improving the living standard and condition of personnel and their families.

He clarified that the attainment of these goals have been tenaciously pursued by commencing the payment of the backlog of Group Life Assurance scheme that had accumulated since 2017, as well as the Personnel Accident Insurance Scheme to NA beneficiaries.

Gen Lagbaja also pointed out that the NA has introduced the Affordable Housing Options for all Soldiers (AHOOAS) post service Housing scheme to provide highly subsidized post service residential accommodation for personnel alongside ongoing massive rehabilitation of medical facilities, Barracks and infrastructure across NA formations and units in the country.

He added that the NA has initiated COAS Loan Schemes to economically empower personnel and their families. These he maintained are aside provision of several combat enablers to troops to enhance operations against the terrorists. He charged the troops to rise up to the security challenges in the region and go after the insurgents in their hideouts.

Gen Lagbaja also took time out to visit sick soldiers and their families at the 17 Brigade Medical Centre, where he gave immediate directive for installation of some essential medical equipment in the center. He later laid a wreath in honour of troops who paid the supreme price in the fight against terrorists and bandits at the 17 Brigade Headquarters Cenotaph.

Meanwhile, the Governor of Katsina State Dr Dikko Umar Radda has stated that security has progressively improved in the state with the return of farmers to their farmlands.

The Governor made this known when he received the COAS in the Katsina state Government house during a courtesy cum condolence visit to the Governor. The Governor noted further that the state has witnessed a reduction in the menace and farmers are returning to their farms.

He attributed the development to the synergy and joint effort of all the security agencies. Governor Dikko appealed to the communities not to relent in supporting the troops with credible information, stressing that without the cooperation of the communities, the ongoing operations will not succeed.

The COAS had earlier in his remarks pointed out that he was on an assessment tour of ongoing operations, state of infrastructure and Civil-Military Cooperation activities in the Brigade.

He expressed appreciation to the Government and people of Katsina state for their support to the NA and particularly to troops of 17 Brigade. The COAS equally paid a courtesy call on His Royal Highness Alhaji Dr Abdulmumuni Kabir Usman, Emir of Katsina, where he acknowledged the critical role of the traditional institution in mobilizing the people to support the troops in order to completely stamp out security threats and challenges.

Also in Katsina, the COAS has described the passing of Hajiya Dada Yar Adua as a loss of one of the legendary and virtous matriarchs of the Nigerian Army family.

Gen Lagbaja made this known when he paid a condolence visit to the Chairman Senate Committee on Army, Senator Abdulazeez Yar Adua and other members of the bereaved family during his working tour of 17 Brigade.

The Army Chief noted that officers and soldiers of the Nigerian Army share in the grief and pains of the Yar Aduas as a family that gave two illustrous sons to the Nigerian Army.

He prayed for God to grant the family and the people of Katsina the fortitude to bear the irreparable loss.

COAS EMBARKS ON WORKING TOUR OF 17 BRIGADE, CHARGES TROOPS TO UP OPERATIONAL TEMPO, CONDOLES THE YAR’ ADUAS, KATSINA GOVERNMENT

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