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 Launches Innovation Drive For Indigenous Healthcare Solutions
VP Shettima Launches Innovation Drive For Indigenous Healthcare Solutions
*** Says Grand Challenges Nigeria an avenue to promote groundbreaking research, local expertise
By: Our Reporter
Vice President Kashim Shettima has launched ‘Grand Challenges Nigeria’ (GCNg), a national innovation programme aimed at revolutionising Nigeria’s healthcare landscape through locally-developed solutions.
The initiative, which is part of the global Grand Challenges network, will focus on maternal and child health challenges in the first phase.
Speaking on Monday when he launched the GCNg at the Presidential Villa, Abuja, Vice President Shettima told the audience that the initiative became necessary following an urgency occasioned by the rapid pace at which the world “is evolving in the realms of science and technology.”
He stressed the importance of contextualizing solutions to national challenges, citing this as “a cardinal message” of President Bola Ahmed Tinubu’s administration, just as he said the initiative will promote groundbreaking research and build local expertise, among others.
“This initiative is more than a response to problems; it is an avenue to promote groundbreaking research, build local expertise, form strategic partnerships, and engage communities in co-creating culturally relevant solutions,” VP Shettima said.
He explained that the programme will integrate with existing government healthcare initiatives, including the Nigeria Health Sector Renewal Investment Initiative (NHSRII) and the Nutrition 774 programme.
“What Grand Challenges Nigeria promises is transformative: a Nigeria where every child has access to proper nutrition, where every family can rely on the quality of our healthcare system, and where our public health metrics continue to improve year after year,” the VP noted.
The Vice President also announced an immediate call for proposals on “Advancing Innovative Solutions for Maternal, Newborn, and Child Health, while explaining that the initiative will address various challenges, from infectious diseases to food security and climate resilience.
“Our gateway to innovation is rooted in recognising our place within the global community,” he stated, adding that “we must believe that our progress is intertwined with the progress of the rest of the world.”
VP Shettima emphasised that the Tinubu administration is “steadfast in its resolve to provide the support needed to turn our aspirations into lifelines for our people.”
The Vice President expressed anticipation for witnessing the ingenuity of Nigeria’s best minds, “whose innovations will receive the funding and support they deserve through this initiative.”
In his keynote remarks, Minister of Innovation, Science and Technology, Chief Uche Nnaji, said the Grand Challenges Nigeria is aimed at developing local solutions to critical issues confronting Nigerians.
The Minister noted that the model aligns with President Bola Ahmed Tinubu’s 8-point agenda using innovation to drive prosperity and growth, and in the process, empowering researchers and innovators.
Chief Nnaji said the ministry remains committed to fostering growth, using innovation, even as he assured that the Grand Challenges Nigeria will prioritise key goals investment in education and environmentally sustainable projects, among others.
On his part, Chairman of the House of Representatives Committee on Nutrition and Food Security, Hon. Chike Okafor, commended the commitment of the Vice President and the dedication of the Federal Government to the launch of the initiative, noting that the programme would go a long way in complementing existing efforts in addressing food insecurity and malnutrition in Nigeria.
He pledged the support of the House of Representatives for the Grand Challenges Nigeria framework, especially as it impacts food security and nutrition across the country, noting that he was looking forward to a rewarding collaboration with stakeholders to deliver on its vision.
In his remarks, Chairman of the Board of Trustees, Nutrition Society of Nigeria, His Highness, Muhammad Sanusi II, said the responsibility of addressing the issues of malnutrition and food insecurity requires focused efforts and collective actions, which, according to him, the Grand Challenges Nigeria initiative is designed to contain.
He expressed hope that by adopting the framework of the Grand Challenges Nigeria, Nigerians would be at the forefront of finding solutions to problems in the country, thanking the Federal Government for believing in the efficacy of the initiative.
The chairman commended the leadership of the Vice President as chairman of the Nutrition Council of Nigeria and a key promoter of advancing nutrition and related agenda across the country.
In the same vein, the President of the Nutrition Society of Nigeria, Prof. Salisu Abubakar, commended the leadership demonstrated by the Vice President in the launch of the initiative, noting that it would help address health challenges by leveraging locally resourced and researched solutions/approaches.
He pledged the support of the society in ensuring that solutions adopted through the programme are inclusive and adaptable to Nigerians, especially in improving their health and wellbeing.
On her part, the Special Assistant to the President on Public Health, Uju Rochas-Anwulah, said the launch of the Grand Challenges Nigeria reflects the commitment of President Bola Ahmed Tinubu’s administration to reforming the economy and ensuring food security by leveraging solutions that are homegrown and rooted in the values of communities across the country.
She noted that resources and the framework for solving local problems would be harnessed from the grassroots, adopting an inclusive approach where the expertise and experience of stakeholders at all levels would be taken into cognizance.
VP Shettima Launches Innovation Drive For Indigenous Healthcare Solutions
National News
16 Days of Activism Against Gender-Based Violence: Daurama Foundation Premieres ‘Voices Within”
16 Days of Activism Against Gender-Based Violence: Daurama Foundation Premieres ‘Voices Within”
By: Michael Mike
Daurama Foundation has announced the premiere of Voices Within, a powerful short film that sheds light on domestic and gender-based violence.
Produced by Take 7 Media and directed by Bem Pever, with screenplay by Mahdi Eldaw and Emil Garuba, this evocative film forms a key part of Daurama Foundation’s initiatives for the annual 16 Days of Activism, a global campaign to end violence against women and girls. The premiere will take place at Silverbird Cinema, Jabi Lake Mall, Abuja, on November 30, 2024, at 4:00 pm.
Voices Within tells the story of a young girl who witnesses a tragic cycle of abuse at home and turns to writing as an escape. Through her storytelling, she finds the strength to express her pain and resilience while dreaming of a safer world. Her story also unveils her mother’s plight—a survivor of abuse who, due to a childhood disability, is unable to defend herself physically. This moving narrative amplifies the voices of those often unheard, encouraging audiences to stand in solidarity against violence.
The cast features a talented ensemble of Nigerian actors, with standout performances by Grace Daudu, Mbasity Jesse, Tolu Asanu, Franca Igwe, Lanzy Janpak, Hoomsuk Alex Jibrin, Austin Mangs, and Senenge Abela. Dr. Samira Buhari, Executive Producer and Chair of Daurama Foundation, shares that Voices Within embodies the Foundation’s commitment to empowering women and fostering communities that advocate against violence.
Daurama Foundation is a Nigerian non-governmental organisation focused on improving health outcomes and advocating for the rights of women and girls through education, outreach, and community engagement. Their work addresses critical issues affecting women’s and girls’ well-being, developing programs and resources that combat domestic violence and provide a pathway forward for survivors.
“The release of Voices Within marks an important milestone in our mission to not only raise awareness but also inspire action. We invite the public, stakeholders, and community members to attend this premiere, be moved by the story, and join us in saying ‘no more’ to gender-based violence,” said Dr. Samira Buhari. For those committed to creating a safer and more inclusive world, Voices Within is a call to action. These premiere promises to be a transformative event that unites communities in the fight against domestic violence and gender-based violence.
16 Days of Activism Against Gender-Based Violence: Daurama Foundation Premieres ‘Voices Within”
National News
EndBadGovernance: NHRC Condemns Arraignment of Minors for Treason by Police
EndBadGovernance: NHRC Condemns Arraignment of Minors for Treason by Police
By: Michael Mike
The National Human Rights Commission (NHRC) has condemned in its entirety the arraignment for treason of children and minors who allegedly participated in the recent nationwide #EndBadGovernance protests.
The Commission in a statement at the weekend said it wishes to state that the arrest, detention and arraignment of these minors by the Nigerian Police on charges of treason and attempting to overthrow a legitimate government among other charges clearly contravenes a plethora of national, regional and international laws.
The Executive Secretary of the Commission, Dr. Tony Ojukwu, who stated this in Abuja over the weekend noted that the action of the Nigeria Police has raised significant concerns among senior lawyers and legal experts, the human rights community, development partners, sister national human rights institutions and well meaning Nigerians as it is widely considered as an excessive and inappropriate use of State Institutions against Citizens and it is even worse when the victims are children and minors whose best interest were not considered at all in line with the law.
Ojukwu stressed the importance of ensuring that legal proceedings align with children’s rights as protected under the Nigeria’s Child’s Rights Act 2003, the Administration of Criminal Justice Act 2015 (ACJA), and some regional and international legal frameworks, including the African Charter on the Rights and Welfare of the Child and the United Nations Convention on the Rights of the Child (CRC).
He noted that these frameworks emphasize that children should be treated differently and separated from adults within the justice system, focusing on their best interest, protection and rehabilitation rather than harsh punitive measures.
He added that unfortunately, the trial court that should know better than the police unleashed a draconian bail condition which almost all the children cannot meet, and adjourned the matter to Jan 2025, knowing fully well that these are children who have been detained since August 2024. Infact, the judge witnessed some of the children looking malnourished and unwell which calls to question the mental state of the judge when imposing such bail conditions on the children and minors for participating in a protest now turned treason.
Ojukwu explained that The NHRC’s criticism mainly centers on insensitivity of the prosecution and the court for the lack of humanity, accountability and impunity in the application of the law to the children , the severe nature of the charges, the draconian bail conditions and the potential for the psychological harm such impunity in actions might cause minors, bearing in mind that there are procedures for the treatment of the underaged, even when they come in conflict with the law. When treated in the way the prosecution and the court have done, our children could grow up with deep grudge against society, and unleash huge contempt on society in future.
He said: “We are therefore calling for immediate corrective action to ensure that children are not unfairly subjected to extreme inhumanity and slammed with charges like treason, which carry heavy penalties generally reserved for adult offenders accused of severe crimes against the state.”
According to his statement, the incident also points to broader systemic issues within Nigeria’s criminal and juvenile justice system and the need for reforms and enlightenment of police and the judiciary of the need to protect child rights in compliance with both national and international human rights standards.
Ojukwu commended the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi for intervening by instructing the police to forward the case files of these minors to his office for a review by the Director of Public Prosecution of the Federation (DPPF).
He noted that this action by the Attorney General of the Federation is seen as a positive step towards ensuring a fair and careful evaluation of the charges levelled against the minors, providing an opportunity to reassess the appropriateness of the charges, the combination of adults and children in the same charges, the venue of trial of adults and children, the length of adjournment, the venue of the incarceration of the children, the onerous bail conditions, the health and nutrition of the children and a host of other considerations enumerated in the law concerning the treatment of Children when in conflict with the law. These considerations have been disregarded with impunity so far by both the police and the trial Judge therefore casting doubts as to whether the children can get fairness and justice from the current handlers within the police and court under the circumstances.
He added that the intervention of the AGF further underscores the importance of prosecutorial and judicial oversight, particularly in cases involving children for serious allegations like treason.
He noted that: “By involving the DPPF, the Attorney General’s office has demonstrated a commitment to upholding due process and the rights of children, who should be afforded protections and rehabilitation within the justice system.”
Ojukwu said the NHRC’s position is to use this opportunity to re-emphasize the right to peaceful protest during the End Bad Governance Protests and the need for a balanced approach to justice, ensuring that the legal rights of minors are protected and that any legal proceedings reflect the principles of fairness and child protection as outlined in Nigeria’s legal frameworks.
EndBadGovernance: NHRC Condemns Arraignment of Minors for Treason by Police
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