National News
ECOWAS Court Takes Decision on Mali Versus Société Damou-So SARL Case
ECOWAS Court Takes Decision on Mali Versus Société Damou-So SARL Case
By: Michael Mike
The ECOWAS Court of Justice, on Tuesday October 31, 2023, delivered its decision in the case between the State of Mali and Société Damou-So SARL in which the applicant requested a review of Judgment No. ECW/ CCJ/JUD/22/21 rendered on June 25, 2021 by the Court in case no. ECW/CCJ/APP/10/18.
The applicant, Republic of Mali mentioned that Société Damou-So SARL, a real estate development company registered in Mali, acquired plots of land from the government of Mali, but irregularities were discovered in the records of these land transactions. In 2015, the National Directorate of Lands and Cadastre canceled these transactions, including those of Damou-So SARL.
The applicant explained that Hamady Kindy, manager of several companies, including Damou-So SARL, contested the revocations by bringing the case before the Supreme Court of Mali. In October 2015, the Supreme Court annulled the revocations made by the National Directorate of Lands and Cadastre, thus restoring the property rights of Damou-So SARL.
Nevertheless, a case was brought by Damou-So SARL before the ECOWAS Court and in the judgment:
It declared that the applicant’s property rights had been violated by the respondent.
It dismissed other allegations of violation of the applicant’s rights.
It ordered the respondent to pay compensation to the applicant for seven expropriated lands.
Also, it ordered the respondent to submit a report on the measures taken to implement the Court’s orders.
The applicant now (Republic of Mali) sought a review of the decision of the ECOWAS Court citing two new facts discovered after the Court’s decision.
In its response, the defendant, La Société Damou-So SARL, explained that although it held copies of the land titles, they were no longer useful because the land to which these titles relate are no longer in its possession. According to Société Damou-So SARL, a bailiff noted in January 2017 that the plots had been divided and inhabited by occupants and construction sites. Despite warnings from local authorities, the new occupants continue to occupy these plots.
The defendant indicated that another bailiff noted in January 2018 the presence of houses under construction, completed houses, construction materials, and bricks on its land. It claimed that the local mayor justified these divisions, based on decisions to cancel administrative acts of transfer.
According to the defendant, it is evident that its land has been expropriated, which, in its view, prevented the applicant from requesting and obtaining a review of the decision under Article 25(2) of the July 1991 Protocol relating to the Court.
By its decision of October 31, 2023, the Court retained its jurisdiction to hear the request for review explaining that the contested decision – judgment no. ECW/CCJ/JUD/22/21 of June 25, 2021 – was rendered by the Court at its seat, and it is the only one authorised to rule on the request for review.
However, it declared the applicant inadmissible in its request for review of judgment no. ECW/CCJ/JUD/22/21 of June 25, 2021. It explained that the facts invoked by the applicant did not exist at the time of the pronouncement of the contested judgment and that it cannot therefore validly serve as a basis for an appeal for review.
The Court emphasised that both facts relied on by the applicant to support its request for review of judgment no. ECW/CCJ/JUD/22/21 of June 25, 2021 do not meet the criteria set by Article 25 of Protocol A /P1/07/91 relating to the Court which provides that “The request for review of a decision is only opened before the Court when it is based on the discovery of a fact likely to exercise a decisive influence and which, at the time of the decision, was unknown to the Court and the applicant, provided, however, that such ignorance is not the result of negligence. »
It added that in the absence of such a fact in the present case, the request for review filed by the applicant in violation of the relevant provisions of article 25 of Protocol A/P.1/07/91 of 6 July 1991 must be declared inadmissible.
The panel of three (3) judges on the bench is composed of:
Hon. Judge Gbéri-Bè Ouattara, Presiding / Judge-Rapporteur
Hon. Judge Dupe Atoki, Member
Hon. Judge Claúdio Monteiro Gonçalves, Member.
ECOWAS Court Takes Decision on Mali Versus Société Damou-So SARL Case
National News
VP Shettima, Zulum Attend Eid Prayers at Ramat Square as Worshippers Observe Sallah Peacefully in Maiduguri
VP Shettima, Zulum Attend Eid Prayers at Ramat Square as Worshippers Observe Sallah Peacefully in Maiduguri
By: Our Reporter
Vice President, Senator Kashim Shettima, Borno State Governor, Professor Babagana Umara Zulum, joined thousands of muslim faithful to observe the Eid prayers at Ramat Square, Maiduguri.
The two units prayer were observed peacefully at the main Eid ground and other prayer grounds across the state under tight security, marking the end of the month-long Ramadan fast.
In a sallah message shortly after the sermon by the Imam Idaini of Borno, Shettiima Mamman Saleh, the Vice President called for unity and peaceful coexistence in the state and the country as a whole.
Senator Shettima assures the Federal Government Gommitment to protecting the lives and properties of the citizenry, stressing that the fight against insurgency would be tackled head-on.
The Imam Idaini admonished worshippers to imbibe the lessons learned during the holy month and encouraged Muslim faithful to give alms to the poor (zakatul fitr) and to fast six days in the month of Shawwal to receive Allah’s bounties and rewards.
Borno State Governor, Professor Babagana Umara Zulum, in a sallah message, called on faithful to recharge their spiritual beings towards rebuilding a secure, peaceful, and prosperous Borno.
He saluted the courage, resilience, and commitment of the people to all initiatives aimed at deepening security and peace-building among the various components of society, fragmented by the Boko Haram insurgency over the years.
The Eid prayer was attended by the Shehu of Borno, Shehu Abubakar Ibn Umar Garbai Almin El-Kanemi; the Borno State Deputy Governor, Umar Usman Kadafur; the APC Deputy National Chairman, North, Senator Mohammed Ali Ndume; and Senator Kaka Shehu Lawan SAN, Minister of State for Regional Development.
Other dignitaries include members of the House of Representatives and the Borno State House of Assembly, former deputy governors, the Secretary to the State Government, Commissioners, APC stalwarts, and other top government officials.
VP Shettima, Zulum Attend Eid Prayers at Ramat Square as Worshippers Observe Sallah Peacefully in Maiduguri
Eid-el-Fitr: IPCR Urges Nigerians to Embrace Unity, Peaceful Coexistence
By: Michael Mike
The Institute for Peace and Conflict Resolution (IPCR) has called on Nigerians to strengthen unity, tolerance and peaceful coexistence as Muslims across the country celebrate Eid-el-Fitr, marking the end of the holy month of Ramadan.
In a statement issued on Thursday in Abuja, the Director-General of the institute, Dr. Joseph Ochogwu, congratulated the Muslim Ummah in Nigeria and around the world on the successful completion of the Ramadan fast.
He said the occasion, which signifies the end of a period of fasting, reflection and spiritual devotion, provides an opportunity for citizens to renew their commitment to the values of peace, compassion and national unity.
Ochogwu urged Muslims to sustain the virtues cultivated during Ramadan—such as self-discipline, patience, charity and piety—beyond the festive period, stressing that such values are essential for building harmonious communities and strengthening the nation.
According to him, Nigerians must also rise above religious, ethnic and political differences and embrace mutual respect and peaceful coexistence as vital ingredients for national development.
“At a time when the country is confronted with complex challenges, unity of purpose and collective responsibility are crucial to overcoming divisions and building a more secure and prosperous nation,” he said.
The institute also expressed concern over recent security incidents in parts of the country, including the tragic bomb blast in Maiduguri, Borno State, which claimed several lives.
Ochogwu extended condolences to families of the victims, praying for the repose of the deceased and speedy recovery for those injured in the attack.
He reaffirmed the institute’s commitment to its mandate of promoting peacebuilding, conflict prevention and resolution across Nigeria, noting that IPCR would continue to work with government institutions, communities and other stakeholders to address the root causes of conflict.
The IPCR boss further urged citizens to remain vigilant, cooperate with security agencies and actively support peacebuilding initiatives in their communities.
“Peace is a shared responsibility, and every Nigerian has a role to play in safeguarding it,” he added.
Ochogwu also prayed that the Eid-el-Fitr celebration would usher in renewed hope, healing and unity for Nigeria while advancing peace, stability and national progress.
Eid-el-Fitr: IPCR Urges Nigerians to Embrace Unity, Peaceful Coexistence
National News
VP Shettima Visits Victims Of Multiple Explosions In Maiduguri, Assures Of FG’s Tough Response To Terrorism
VP Shettima Visits Victims Of Multiple Explosions In Maiduguri, Assures Of FG’s Tough Response To Terrorism
By: Our Reporter
The Vice President, Senator Kashim Shettima, has restated the Federal Government’s resolve to defeat terrorism, declaring that those behind recent attacks in the country will be decisively confronted.
He noted that beyond the presidential directive to security chiefs, the Federal Government was investing more in equipment and other logistics to boost the fight against terrorism across the country.
Senator Shettima spoke on Wednesday in Maiduguri when he visited victims of the bomb blast who are receiving treatment at the University of Maiduguri Teaching Hospital.
Condemning the gory multiple explosions in Maiduguri on Monday in which more than 100 people were affected by the incident, with over 20 confirmed dead, he described the perpetrators as barbaric, stressing that no cause justifies the killing of innocent people.
The Vice President said his visit was to sympathise with the injured and families affected by the tragedy, assuring of government’s support through the National Emergency Management Agency (NEMA), the North East Development Commission, and the Borno State Government.
The Vice President was accompanied by Borno State Deputy Governor Usman Kadafur; NEMA Director-General, Zubaida Umar; Chief Medical Director of the University of Maiduguri Teaching Hospital, Professor Ahmed Ahijo, and other top government officials.
VP Shettima Visits Victims Of Multiple Explosions In Maiduguri, Assures Of FG’s Tough Response To Terrorism
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