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ECOWAS Court Says It Lacks Jurisdiction to Transfer Nigerian Serving Jail Term in America to Nigeria’s Prison
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
NHRC trains 34 human rights advocates in Gombe
The National Human Rights Commission (NHRC) has trained 34 Community Protection Rights Advocates to protect and promote human rights in Gombe state.
Dr Joseph Wanshe, the State Coordinator of the Commission, made the disclosure in an interview with the News Agency of Nigeria (NAN) in Gombe on Monday.
Wanshe said that the training was imperative toward achieving the mandate of the commission in the state.
According to him, the trained advocates, who are mostly in rural areas, will penetrate distant and rural communities where human rights violations are rampant.
He said that the training has started yielding the expected results as there have been increased number of reported cases of human rights violations from rural communities across the state.
He said that the advocates have been deployed to the 11 local government areas of the state.
“We are witnessing an upsurge in human rights reporting coming to the office.
“ The numbers are increasing as regards civil and political rights followed by cases of women and children, domestic violence, economic, social and cultural rights.
“ There are many factors involved in the upsurge as the NHRC within the last one month has stepped up sensitisations and stakeholders’ engagements.
“ We have trained Community Protection Rights advocates, who have been working and as a result, awareness has increased and number of complaints received have spiked,” he said.
Wanshe said that the trained advocates have been affiliated to NHRC at the local government levels toward ensuring wider coverage of the state in terms of human rights protection.
He assured residents on the commission’s effort at ensuring that it achieved effectively its mandate of protection and promotion of human rights.
Wanshe commended the people of Gombe State for their improved confidence in NHRC which has resulted in improved reportage of human rights violations
He further urged communities to support the advocates in their domains in the overall interest of human rights protection.
NHRC trains 34 human rights advocates in Gombe
Troops intercept 11 suspects with IED-making materials in Abuja
Troops of the Nigerian Army have intercepted 11 suspected criminals conveying materials believed to be for the production of improvised explosive devices (IEDs) in Kuje Area Council of the Federal Capital Territory.
By: Zagazola Makama
Security sources said the suspects, comprising 10 males and one female, were arrested at about 12:59 a.m. on April 27 by troops of 176 Guards Battalion deployed at Kuchiyako.
The sources disclosed that the suspects were intercepted in a vehicle along the Kuchiyako–Tipper Garage road, allegedly loaded with IED-making materials.
According to preliminary investigation, the suspects claimed they were en route to mining sites around Kabbin Mangoro in Kuje Area Council to collect mineral resources.
Items recovered from them include explosive charges and three-and-a-half bags of unidentified mineral substances, among other sundry materials.
The suspects are currently in military custody, while investigations are ongoing to ascertain their intent and possible links to criminal or terrorist activities.
Troops intercept 11 suspects with IED-making materials in Abuja
Troops repel terrorists in Zamfara, recover calm after attack on Godel community
By: Zagazola Makama
Troops of the Nigerian Army under 1 Brigade have repelled an attack by suspected terrorists in Godel community of Birnin Magaji Local Government Area of Zamfara State.
Security sources said the incident occurred at about 2:08 p.m. on April 27 when troops deployed at Forward Operating Base (FOB) Kaura Namoda responded to credible intelligence on terrorist activities in the area.
The sources disclosed that troops made contact with the attackers upon arrival, leading to a fierce exchange of fire.
According to the sources, the troops forced the terrorists to withdraw from the area following the encounter.
However, during the attack, the assailants reportedly rustled an unspecified number of cattle belonging to residents of the community.
Three civilians were also said to have sustained gunshot wounds and were evacuated for medical attention.
The sources added that troops have intensified patrols and clearance operations in the general area to prevent further attacks and recover the rustled livestock.
Troops repel terrorists in Zamfara, recover calm after attack on Godel community
NHRC trains 34 human rights advocates in Gombe
Troops intercept 11 suspects with IED-making materials in Abuja
Troops foil kidnap attempt in Kaduna, rescue two victims
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