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
ONLY THE BEST OF THE BEST SHOULD DEFEND OUR NATION – CAS AT BMTC 44 PASSING OUT PARADE
ONLY THE BEST OF THE BEST SHOULD DEFEND OUR NATION – CAS AT BMTC 44 PASSING OUT PARADE
By: Kabiru Ali
The Chief of the Air Staff (CAS), Air Marshal Hasan Abubakar, has reaffirmed that the sacred duty of defending Nigeria’s sovereignty is entrusted only to individuals who demonstrate exceptional traits and abilities. He made this assertion today, 21 December 2024, while serving as the Guest of Honour and Reviewing Officer at the Passing Out Parade for Basic Military Training Course 44/2023, held at the Military Training Center (MTC), Nigerian Air Force (NAF) Base in Kaduna.
Speaking further, Air Marshal Abubakar commended the recruits for their perseverance and dedication, emphasising the transformative nature of their training. “Your training was deliberately challenging, moulding you into warriors, tradesmen, and leaders with courage, discipline, and resilience,” he said. “You are now a vital part of the Nigerian Air Force’s mission to safeguard our nation’s sovereignty.”
The CAS urged the newly inducted airmen and airwomen to uphold NAF’s core values of integrity, service before self, and excellence in all they do. He emphasized their responsibility to remain vigilant, respect civilians, and adhere strictly to rules of engagement and social media guidelines, noting that their actions now directly reflect on the esteemed image of the NAF. In his words; “I urge you to operate within the rules of engagement as enumerated in the Code of Conduct for Armed Forces Personnel involved in internal security operations. Respect and protect the innocent and law-abiding civilians whom you are paid to defend. Treat them with respect and protect their rights, as we build a nation where no man is oppressed.”
Air Marshal Abubakar also underscored the pivotal role the new recruits will play in addressing Nigeria’s security challenges, noting that many will be deployed to operational theatres and internal security operations. He urged them to embrace opportunities for continuous training and self development to enhance their professional growth and operational effectiveness. The CAS stated, “You are therefore called to a life of selfless service, and the efforts you make on the field will play a vital role in shaping the future of the Nigerian Air Force, strengthening the security of our nation, and ensuring its continued prosperity.” He further added, “Some of you will subsequently be deployed to operational theatres or internal security operations to contribute your quota to our national security.”
The CAS expressed heartfelt gratitude to the Commander-in-Chief of the Armed Forces, President Bola Ahmed Tinubu GCFR, for his unwavering commitment to addressing the operational, logistical, and welfare needs of the NAF. He remarked, “The President’s steadfast support enables us to perform our duties to the highest standards in service to our nation. I assure Mr President of our unalloyed loyalty and total commitment to his Agenda for a peaceful and prosperous Nigeria.” He also acknowledged the hospitality and support of the Governor and people of Kaduna State, as well as the collaboration of other security agencies in fostering a conducive environment for training.
The ceremony celebrated the successful completion of 6 months of intensive training by 1,190 airmen and airwomen. This latest batch of trainees were commended for their resilience, discipline, and determination in meeting the high standards required to join the NAF. The event was attended by dignitaries, families, and representatives from various security agencies. It also served as an occasion to recognise the efforts of the Air Officer Commanding Ground Training Command and the Commandant of the Military Training Centre, whose commitment to high-quality training was pivotal in shaping the recruits into capable airmen and airwomen.
As the newly inducted airmen and airwomen embark on their careers, they are expected to uphold the highest standards of professionalism, discipline, and dedication in service to Nigeria. The ceremony concluded with a resounding call for them to wear their uniforms with pride, serve with honour, and contribute to the peace and security of the nation. Immediately after the elaborate parade, an Oath Taking Ceremony was held where the new airmen and airwomen pledged their absolute loyalty to the Federal Republic of Nigeria.
The CAS, before departing Kaduna State, took the opportunity to assess the progress of construction work on the new Air Force Secondary School (Day School). He also commissioned a newly constructed classroom block dedicated to children with special needs at the NAFOWA Little Angels Nursery and Primary School. The project was built by the Nigerian Air Force Officers’ Wives Association under the leadership of its National President, Architect Dr Rakiya Abubakar.
ONLY THE BEST OF THE BEST SHOULD DEFEND OUR NATION – CAS AT BMTC 44 PASSING OUT PARADE
National News
FG Expresses Commitment to Enhancing Operations of Waste Pickers in the Country
FG Expresses Commitment to Enhancing Operations of Waste Pickers in the Country
By: Michael Mike
The Federal Government on Thursday said it is committed to enhancing the operations of waste pickers in the country by formalizing their operational framework in the informal economy in a more inclusive way.
Minister of Foreign Affairs, Ambassador Yusuf Tuggar, stated this in his remarks during the presentation of the research report on the Waste Pickers Economy in Nigeria tagged: “Formalizing the Informal Waste Picker Economy for Sustainable Development in Nigeria.”
The workshop was organized by the Institute of Peace and Conflict Resolution (IPCR) in collaboration with renowned agency -INCLUDE in Abuja on Thursday, to boost the waste pickers to enhance social protection, promote decent work, and address environmental challenges facing them through informed policy direction.
The Minister, who was represented by the Director Economy, Trade & Investment in the ministry, Ambassador Bolaji Akinremi,
emphasized the importance of the research in highlighting the contributions of waste pickers, adding that it has broader implications for Nigeria’s national and international development goals.
The minister while commending the IPCR for the research, said: “The findings from this research are timely and significant, particularly as we continue to pursue policies that foster inclusive economic growth, social harmony, and environmental sustainability.”
He added that: “Waste pickers, often working in informal and precarious conditions, are a crucial part of Nigeria’s waste management ecosystem. They contribute to the recycling industry, reduce the burden on landfills, and generate livelihoods for millions of individuals. Yet, despite the value they provide to our society, their work is frequently marginalized, and their contributions go largely unrecognized.
“This report helps to fill that gap and provides an opportunity for all of us—government, civil society, and the private sector—to better understand the challenges and opportunities within this sector.”
The minister further said that: “This research presents a unique opportunity to engage with our international partners, NGOs, and multilateral organizations to create global dialogue and exchange best practices in waste management, workers’ rights, and economic inclusion.”
On his part, the Director General of IPCR, Dr. Joseph Ochogwu said the workshop is an important step toward understanding and addressing the challenges faced by one of the most overlooked yet crucial groups in the society—the informal waste pickers.
He added that: “These individuals play a crucial role in bridging the recycling gap, contributing an impressive 59.3% of waste collection and management across the country, while formal systems account for just 4.7%. Their efforts not only help reduce environmental waste but also support the circular economy, generating jobs and economic opportunities at multiple levels.”
He however lamented that despite these vital contributions, waste pickers remain some of the most marginalized, stigmatized, and criminalized members of our society. He added that waste pickers are not mere collectors but enablers of a recycling system that supports industries and reduces pressure on landfills, thereby adding tremendous value to both our economy and environment.
“Beyond their economic and environmental contributions, this research enhances our understanding of informal economies. It documents the lived experiences of waste pickers and provides a framework for integrating them into formal systems. By doing so, we can improve their dignity, safety, and livelihoods while aligning their work with Nigeria’s broader sustainability and development goals,” he noted.
FG Expresses Commitment to Enhancing Operations of Waste Pickers in the Country
National News
Tinubu Asked to Stop Shell from Selling Remaining Shares
Tinubu Asked to Stop Shell from Selling Remaining Shares
By: Michael Mike
A conglomerate of Civil Society Organisations, community leaders, and concerned citizens have called on President Bola Tinubu to sustain the Nigeria Upstream Petroleum Regulatory Commission’s (NUPRC) rejection of Shell’s request to sell its remaining shares in the Shell Petroleum Development Company (SPDC) to the Renaissance consortium.
The group while alleging that other international oil corporations, such as TotalEnergies, are also attempting to sell their stakes in SPDC and other Nigerian onshore oil assets, stated that any approval of Shell’s and Total’s requests would weaken regulatory independence, ignore the interests of the Niger Delta communities, jeopardize the environmental and social well-being of the region for generations to come, and undermine Nigeria’s sovereignty.
Signatories to the request are Nnimmo Bassey (Health of Mother Earth Foundation (HOMEF)), Dr. Isaac ‘Asume’ Osuoka (Social Action Nigeria), Olanrewaju Suraju (HEDA Resource Centre), Emem Okon (Kebetkache Women Development and Resource Centre),
Akinbode Oluwafemi (Corporate Accountability and Public Participation Africa (CAPPA)), Idoreyin Bassey (League of Queens International Empowerment),
Tijah Bolton-Akpan (Policy Alert), Ken Henshaw (We the People), Rita Uwaka (Environmental Rights Action/Friends of the Earth Nigeria), David Ugolor (Africa Network for Environment and Economic Justice (ANEEJ)) Mfon Utin (Healthy Life Development initiative), Comr. Cynthia Buluebiere Bright (Gbolekekro Women Empowerment And Development Organization (GWEDO)), Auwal Musa Rafsanjani (Civil Society Legislative Advocacy Centre (CISLAC)), Cookey Tammy (Centre for Environment, Human Rights and Development (CEHRD)), Umo Isua-Ikoh (Peace Point Development Foundation),
Friday Nbani (Lekeh Development Foundation)
Others are Amanie Stella (Society for Women and Youths Affairs (SWAYA)), Martha Agbani (Lokiaka Community Development Centre), Akpobari Celestine (People’s Advancement Centre
Ogoni Solidarity Forum), Chido Onumah (Africa Centre for Media and Information Literacy (AFRICMIL)), Ibrahim Zikirullahi (Resource Centre for Human Rights & Civic Education (CHRICED)), Odey Friday (Accountability Lab International Peace and Civic Responsibility Centre (IPCRC)), Arochukwu Ogbonna (Civil Rights Council) and Josesphine Alabi (Keen and Care Initiative)
The group stated that: “We are, again, compelled to ask for a comprehensive halt to all divestment requests from oil corporations in the Niger Delta, including Shell, Total, and other IOCs with similar plans, until the issues of concerned are addressed.”
Among the issues include: It is critical to emphasize that the Nigerian Petroleum Industry Act (PIA) and the NUPRC’s responsibility to uphold this law were clearly outlined when Shell’s divestment request was initially rejected. NUPRC’s refusal was based on legitimate concerns, including Shell’s failure to adequately address the significant environmental and social liabilities associated with its operations in the Niger Delta, as was independently assessed and recommended by international assessors contracted by the country. Among the reasons for rejecting the sale, NUPRC cited the inability of the Renaissance consortium, a shady company with links to past Shell executives and Nigerian political actors, to demonstrate its financial and technical capacities to manage the assets and the pressing need for proper environmental remediation.
NUPRC’s rejection was in line with the responsibilities outlined under Nigerian law and global best practices for corporate accountability. It is a decision rooted in national interest — protecting the health, safety, and environment of the Niger Delta communities. Any attempt to approve Shell’s sale despite these valid concerns would risk undermining regulatory independence and signaling that Nigerian law can be bypassed to serve the interests of multinational corporations.
The Legacy of Pollution and Health Crisis
The environmental and health crises caused by Shell and other oil corporations operating in the Niger Delta are well documented. The United Nations Environment Programme’s (UNEP) report on Ogoniland describes an ecological disaster of immense proportions. UNEP’s findings revealed that:
- Drinking water sources are contaminated with dangerous levels of hydrocarbons, making them unsafe for human consumption.
- Oil spills have destroyed entire ecosystems, killing marine life and damaging the biodiversity that is crucial for the livelihood of local communities.
- The soil in Ogoniland has been contaminated with toxic substances, rendering it infertile and unsuitable for farming, exacerbating food insecurity in the region.
UNEP’s assessment concluded that the cost of remediating the “environmental catastrophe” in Ogoniland alone would exceed $1 billion over the initial five years, with the cleanup expected to last more than 30 years. Yet, these costs are still insufficient to cover the broader environmental impacts of oil extraction across the Niger Delta, where similar damages exist.
The Bayelsa State Oil and Environment Commission’s (BSOEC) report provides a detailed analysis of the severe pollution caused by Shell’s and other multinational companies’ operations, including health impacts on local populations. According to the BSOEC: - High levels of toxins from oil pollution, such as total petroleum hydrocarbons (TPHs) and heavy metals (HMs), have infiltrated the air, water, and soil across the region, contributing to a public health emergency.
- Communities are suffering from respiratory issues, skin diseases, and cancers linked to oil pollution, and these problems are worsening by the year.
- The economic cost of these health impacts and the degradation of natural resources is incalculable, leaving most of the people in poverty and unable to sustain themselves through traditional means like farming and fishing.
The BSOEC report also estimates that the cost of remediating the damage in Bayelsa State alone would exceed $12 billion over 12 years. Based on the UNEP and BSOEC reports, it would take about $100 billion to address the environmental damage in the entire Niger Delta comprehensively. Following the Deepwater Horizon oil spill in the United States, BP, the company responsible, paid over $60 billion to address the impacts of one oil spill incident alone. The environmental damage of the Niger Delta is much worse and has spanned decades. Therefore, to allow Shell, TotalEnergies, or any other company to walk away from their responsibilities would mean transferring these liabilities to the Nigerian state, the Niger Delta states, and the Nigerian people. This is an unjust and unsustainable burden that would further exacerbate the challenges faced by communities already suffering from the effects of pollution and environmental neglect.
Dangerous Lessons from Past Asset Sales
The experiences from past asset sales by Shell, ENI/AGIP, and ExxonMobil offer grave lessons. In the case of Shell’s divestment in Nembe to Aiteo, for instance, the local communities were left with unresolved pollution and no proper remedy for the environmental damage caused by decades of oil extraction. Environmental destruction has worsened in the area. Similarly, when ExxonMobil divested some of its assets, the responsibility for remediation was inadequately transferred to new operators, who were ill-prepared to manage the legacy of contamination. In ENI/AGIP’s case, the sale of assets to Oando continued to worsen the situation in the host communities as there were no comprehensive cleanup efforts undertaken.
These sales not only failed to address the critical environmental liabilities but also deepened the social tensions in the Niger Delta, as new operators took over without addressing the root causes of community unrest or the longstanding health and environmental challenges. This pattern of irresponsible divestment must not be repeated, and the Nigerian government has a responsibility to stop it.
The National Interest and the Urgency for Action
We ask Mr. President to ensure that the immediate financial interests of a few multinational corporations and local profiteers do not outweigh the health, future, and survival of millions of Nigerians who have suffered for decades. President Tinubu must safeguard the future of Nigeria, ensuring that all its people, especially those in the Niger Delta, are not sacrificed for the benefit of global capital and a few local profiteers.
An Approval of the Sale of Shell’s and Total’s Assets Would Be a Declaration of War with the Niger Delta
We want to make it absolutely clear: approving Shell’s or TotalEnergies’ divestment in its current form without addressing the profound environmental and social costs would be a grave injustice to the people of the Niger Delta and could lead to significant unrest in the region. It would be an affront to the generations of Niger Deltans who have fought and died for environmental justice, their homes, and their livelihoods.
Approving Shell’s SPDC share sale would send a dangerous message to all multinational corporations operating in Nigeria that they can extract our resources, leave devastation behind, and walk away without consequence. This is not just a question of corporate accountability; it is about Nigeria’s sovereignty, dignity, and the right of its people to live in a clean and safe environment.
They demanded that President Tinubu: “Immediately halt all divestment processes until a transparent, comprehensive, and inclusive review is undertaken that addresses Shell’s and TotalEnergies’ historical environmental and social liabilities.
“Ensure inclusive and transparent consultation with state governments and the people of the sites of oil and gas extraction in the Niger Delta before any further divestment of IOC assets.
“Hold Shell, TotalEnergies, and all other IOCs accountable for their past and ongoing environmental damage, and ensure they fund a full cleanup and remediation program across the Niger Delta.
“Uphold the regulatory independence of NUPRC and allow it to fulfill its statutory duties without political interference.
“Respect the resolution of the National Assembly, which has called for a halt to all divestments by international oil companies in Nigeria.
“Ensure that new operators are properly vetted and committed to responsible environmental management and community welfare.
“Create an Environmental Restoration Fund that is sufficiently funded to meet the full and complete costs of environmental cleanup and reparations based on credible estimates of independent international experts and contributed to by Shell, TotalEnergies, and other international oil companies and future operators to address the long-term damage caused by their operations.
“Provide community profit-sharing opportunities for host communities as part of any divestment agreement, ensuring that the local people benefit from the oil resources they have hosted for decades.
“Mandate full disclosure of all environmental liabilities before divestment, requiring Shell, TotalEnergies, and any future operators to publicly declare and address all damages.
“Include gas flaring cessation and decommissioning plans in any divestment agreement, with clear timelines for ending harmful practices.
“Account for carbon emissions related to the divested assets and propose mitigation plans that align with Nigeria’s climate commitments.”
They stated that: “This is a defining moment in Nigeria. We urge President Tinubu to stand with the people of the Niger Delta and uphold the values of justice, fairness, and environmental protection. By halting Shell’s, TotalEnergies’ and any other IOC divestment and demanding accountability,
“President Tinubu will send a powerful message that Nigeria’s sovereignty and the welfare of its citizens are paramount.
We ask President Tinubu not to undermine Nigeria’s national interest and the oversight of democratic institutions. We stand ready to continue our advocacy but need President Tinubu to show leadership to ensure a just, sustainable, and prosperous future for all Nigerians.”
Tinubu Asked to Stop Shell from Selling Remaining Shares
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