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
Police arrest MOPOL, security guards over warehouse burglary in Ogun
By: Zagazola Makama
The Police in Ogun have arrested a mobile policeman and several security guards for alleged conspiracy, burglary and theft from a warehouse belonging to H.K Printing & Packaging Limited, Agbara.
Security sources told Zagazola Makama that the incident occurred on Aug. 9 at about 11:00 p.m., when a truck drove into the company premises and proceeded to the warehouse, allegedly aided by security operatives on duty.
According to the sources, Insp. Ibrahim James, attached to PMF 16 Abeokuta, was captured on CCTV moving around and allegedly leading the operation.
Another officer, Insp. Olabamipe Olaiya, posted to the same beat, was said to be absent from duty at the time.
The company’s security guards and the implicated police personnel allegedly conspired with others still at large to break into the warehouse and cart away goods whose total value is yet to be ascertained.
Police detectives led by CSP Phillips Abayomi, Acting ACP, Agbara Division, visited the scene and arrested the mobile policeman along with the private security guards on duty during the incident.
The suspects are being interrogated, while efforts are ongoing to track down fleeing accomplices and recover the stolen items.
Police arrest MOPOL, security guards over warehouse burglary in Ogun
Police launch manhunt for herbalist over alleged ritual killing in Nasarawa
By: Zagazola Makama
The Nasarawa State Police Command says it is searching for a herbalist, simply identified as Alfa, over alleged involvement in a ritual killing and attempted murder in Mararaba.
It was gathered that the case was reported by one Jamilu Abubakar, a vigilante member.
Abubakar allegedly accompanied two young men to Alfa’s residence on Aug. 12 to seek spiritual assistance purportedly to make more money through internet fraud.
“It was gathered that Alfa prepared a concoction and meat for the victims to eat. Shortly after consuming the meal, both developed severe stomach pain and were rushed to the Federal Medical Centre (FMC), Mararaba.
“Sadly, one of the victims, Ani Sunday, aged 21, was confirmed dead by the doctor on duty, while the second, Tosin Akurunor, is responding to treatment,” said the sources.
He said Abubakar had been arrested for his role in taking the victims to the herbalist, while the main suspect, Alfa, was at large.
Efforts are ongoing to apprehend Alfa and conclude investigations, he added.
Police launch manhunt for herbalist over alleged ritual killing in Nasarawa
National News
Investments in circular economy have the potential to increase forex earnings- NESREA DG
Investments in circular economy have the potential to increase forex earnings- NESREA DG
By: Michael Mike
The Director General of National Environmental Standards and Regulations Enforcement Agency (NESREA), Prof. Innocent Barikor has affirmed that investments in the circular economy value chain have the potential to increase the country’s foreign exchange earnings.
Barikor made this statement recently during a meeting with the management of a plastic packaging recycling (rPET) company, Sonnex in Lagos.
He assured the team that the Nigerian government prioritizes circular economy, noting that the draft National Environmental (Plastic Waste Control) Regulations soon to be gazetted is one of the efforts to strengthen the legal framework for circular economy implementation in Nigeria.
He said: “Circular Economy falls under the Presidential priorities for the Federal Ministry of Environment, and the Minister is very keen on the success. Apart from tackling the problem of waste, green jobs have been created .
“The pellets and flakes you produce and export also generate foreign exchange. The Plastic Waste Control Regulations are awaiting official gazette and once gazetted, we would have connected the dots of the framework to implement circular economy in the plastic sector. We are deeply committed to ensuring the success of Circular Economy.”
Earlier, the Managing Director, Anil Mohinani intimated the NESREA boss on the process for the production of recycled PET bottles (rPET), whilst also highlighting the challenges faced by investors in the sector .
He listed some of the setbacks to include lack of a legal instrument to compel manufacturers in the food and beverage sector to embrace food-grade rPET, unfriendly policies by some foreign companies, and insufficient awareness .
“Europe and America create barriers to protect their international recycling business. There is unfair competition. In some countries such as Kenya, there is encouragement to invest in rPET recycling because there is a regulation in place,” he added.
Investments in circular economy have the potential to increase forex earnings- NESREA DG
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