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Republic of Togo Violates the Right to Fair Trial of a former ASKY Airlines Pilot, ECOWAS Court Rules

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Republic of Togo Violates the Right to Fair Trial of a former ASKY Airlines Pilot, ECOWAS Court Rules

By: Michael Mike

The ECOWAS Court of Justice has held that the Republic of Togo violated Mr. Al-Hassan Dibassi Fadia’s right to a fair trial under Article 7(2) of the African Charter on Human and Peoples’ Rights 1981.

Fadia, a former pilot with ASKY Airlines, claimed that Togo violated his human rights through disciplinary measures taken against him by ANAC-Togo, the national civil aviation authority of Togo, following accusations of falsifying flight records.

In a judgment delivered by Justice Edward Amoako Asante, President of the Court and judge rapporteur in the case, the Court ordered the Republic of Togo to pay 15 million CFA francs in general damages to Fadia.

The Court also ordered Togo to reverse and expunge the disciplinary measures from its official records.

In an application filed with the ECOWAS Court in 2023, Mr. Al-Hassan Fadia, a pilot formerly employed by ASKY Airlines, said that he passed the practical test for the Airline Transport Pilot License for Aeroplanes in France in 2019 and was duly issued a French ATPL(A) pilot license, which he converted to a Guinea-Bissau ATPL(A) license. ANAC-Togo, the civil aviation authority in Togo, validated his Guinea-Bissau license for use with ASKY Airlines.

After further training, the Applicant said that he was promoted to captain with ASKY Airlines in November 2020. However, shortly afterward, ANAC-Togo accused him and two other pilots of falsifying flight records to obtain their licenses.

Following proceedings before the Disciplinary Board of ANAC-Togo, Mr. Fadia’s license to fly as captain was withdrawn, and he was required to resume further tutelage as a “Pilot in Command under Supervision” (PICUS). ASKY Airlines subsequently terminated his employment.

In his application to the Court, Fadia argued that the disciplinary measures taken against him by the Togolese civil aviation authorities violated his right to equality and equal protection of the law, his right to a fair trial, and his right to work.

In its defence, the Republic of Togo stated that during the validation of a French ATPL(A) license for ASKY pilot Mr. Aurelien Rami, ANAC-Togo found irregularities in his flight records, prompting an investigation into the files of other ASKY Airline pilots. The investigation revealed that Captain Andriamora, Chief Pilot at ASKY, conspired with Mr. Rami and Mr. Fadia to fraudulently obtain their licenses by falsifying flight logbook entries. It is for these reasons that disciplinary measures were taken against the Applicant.

The Respondent, therefore, maintained that all actions taken were lawful and urged the Court to dismiss the application as unfounded.

In its judgment, the Court found that the offences for which Fadia was tried at the Disciplinary Board and the sanctions imposed were enacted under Ministerial Order No. 033/2021/MTRAF of 29 July 2021, after he had been accused of falsifying records in his flight logbook.

The Court, therefore, concluded that the disciplinary measures violated the protection against retroactive application of laws under Article 7(2) of the African Charter.

However, the Court concluded that the link between Fadia’s dismissal by ASKY Airlines and the alleged breach of his right to work by the Republic of Togo was not convincingly established. Nor was the Applicant able to show that he had been subjected to unjustifiably selective treatment in violation of his right to equality and equal protection of the law, given that he was subjected to the same disciplinary measures as his co-accused pilots.

The panel included Hon. Justice Gberi-Bè Ouattara and Hon. Justice Sengu Mohamed Koroma.

Republic of Togo Violates the Right to Fair Trial of a former ASKY Airlines Pilot, ECOWAS Court Rules

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Human rights Commission calls for transparency within the 35 member Borno flood disaster relief committee

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Human rights Commission calls for transparency within the 35 member Borno flood disaster relief committee

By: Bodunrin Kayode

The National Human Rights Commission (NHRC) has called on the “Borno State Flood Disaster Relief Disbursement Committee,” which is responsible for managing relief funds to streamline the process of compensation for residents so that each ward will know when they will be coming to their aid financially or materially.

The streamlining process being demanded will enable the 35 man committee to capture the entire residents affected and ensuring that justice is done to the myriads of people shouting to be included in the process which is looking almost like a selective jamboree weeks after it started.

The call was made by Hillary Ogbona senior Adviser (SA)to the executive secretary of the NHRC during a town hall meeting on the state of human rights during and after the maiduguri flood which took over the homes of over 200,000 residents within the state capital.

Hillary Ogbona stated recently that there was need for a timeline for the community to work with even as residents wait patiently for the Gujibawu led committee members to tend to their immediate needs.

Ogbona called on the numerous non governmental organizations (NGO’s) in the state to do more by engaging the committee to ensure all is well with the teeming residents waiting for their rightful compensations.

He regretted that it was sad that even the health sector and the information machinery in the state could not work together to fish out information from a common front instead of the piece meal approach employed in which residents were actually confused in certain instances of what to do to stay alive.

He regretted that many residents could not be reached in time for rescue because of the fact that they did not know who to call for help at such a desperately difficult period of their existence.

” I believe that the non governmental agencies would have done far better if they had engaged with the committee whose business it was to stabilize the people in the state capital.

” The values and approach to disaster management should be streamlined for effectiveness. This is because flood is not a respecter of people, creed, ranks or races. It is a leveler of all the people regardless of status.

“This is why is is important for the right thing to be done as at when due. People who earn daily wages are the most affected in such circumstances. Human rights inaction during flooding is key.”said Ogbona.

The SA stressed that there was need for the government to build a permanent and standardized camp for internally displaced people (IDP’s) with all the facilities so that all the principles of human rights based approach to disaster management will be employed without biases to anyone.

Ogbona emphasized that the usual discrimination based on status which is a common phenomenon in such circumstances in which some people are given compensation while others are not given was not permissible.

“It’s unfortunate that lots of discrimination was employed during the difficult period in which the flood was being managed but I feel this should not happen again because children should not be discriminated against at any time because major priority must be given to both women and children at such desperate circumstances.

“I had an experience in Germany which I wish to share with you people. While I was there, I observed that the selection of brains are placed above everyone during disasters, then the elderly and others may be considered later. This can equally be applied here whenever there is a similar disaster.” Said Ogbona.

Lessons from Community based human intervention in Borno were highlighted by barrister Okoro who insisted that leaders of religious groups have a very critical role to play in such trying times.

He posited that community and religious groups can be much more effective in handling such disasters if carried along when it occurred.

Okoro stressed that communication skills and the too much emphasis on the English language while encoding and decoding could also become a major challenge to the flood management approach.

Head of the Borno office Barrister Jumai Meshelia while welcoming stakeholders to the town hall meeting, called for the application of empathy while managing the people who have been traumatized by the flood.

She presented a summary on the state of human rights issues in Borno state from 2009 till date.

Stake holders present in the meeting highlighted the fact that some landlords have been coming to claim damages for the houses destroyed instead of first worrying about the fate of tenants who lost everything including lives to the flood.

One of them told stakeholders that his ten year old boy who was at home on that fateful night of Sept 10th lost his life in a fate of panic when on seeing the water pouring into the house, tried to get out but was swallowed by the raging flood from the dam.

On landlords who go to snap their homes while tenants are inside to claim damages and present same to the committees or coming to share humanitarian awards or compensations given to tenants, he called for a change of mindset by such shylock landlords.

Over 150 souls were reported as dead by the Borno State Emergency Management Agency (SEMA).

Zulum approves additional 4 weeks for disbursement Committee

Meanwhile, Governor Babagana Zulum has approved a four-week extension for the “Borno State Flood Disaster Relief Disbursement Committee,” which is responsible for managing relief funds for affected residents.

The Secretary to the State Government, (SSG) Mallam Bukar Tijani, conveyed the approval on recently in Maiduguri to stakeholders when it became obvious the duration given to the committee was inadequate.

The SSG noted that Governor Zulum has approved the extension of their work to allow for a thorough assessment of the victims to ensure all those affected were reached.

Alhaji Bukar Tijani added that the state government had received an interim report from the disbursement committee, which achieved a substantial part of their terms of reference.

Many wards are yet to be reached by the committee which has not been able to touch over 50 percent of the areas affected because there has not been any programmed time tables

Human rights Commission calls for transparency within the 35 member Borno flood disaster relief committee

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Gwoza: Zulum reinstate 23 suspended Health Workers

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Gwoza: Zulum reinstate 23 suspended Health Workers
….directs the deployment of 4 Doctors, 10 Nurses to General Hospital.

By: Our Reporter

Borno State Governor, Professor Babagana Umara Zulum, has approved the reinstatement of 23 health workers previously suspended for absence from their duty posts at Gwoza General Hospital.

This decision was announced during the Governor’s inspection of the hospital’s newly renovated maternity and child center, as well as other ongoing projects.

The health workers had initially been suspended after Governor Zulum’s earlier visit, where he found them absent from their duties.

Addressing the staff, Governor Zulum emphasized the importance of dedication to work and assured them of improved working conditions and other incentives.

“Complaints were made about the 23 medical workers who were absent during my last visit,” he noted. “No one is perfect, so the government has pardoned them, although no arrears will be paid.”

In response to a staff shortage raised by the Principal Medical Officer of Gwoza General Hospital, Dr Nuhu Nasiru Wakawa, Governor Zulum directed the immediate deployment of four additional doctors and ten nurses to the facility.

He further announced that Gwoza General Hospital will be upgraded to support training for nursing students from the new school of nursing under construction.

“The Commissioner of Health, together with the Chief Medical Director of the Hospitals Management Board, will work on this deployment,” Zulum added. “We will also recruit community health workers from Gwoza to strengthen local healthcare services.”

In addition to his healthcare initiatives, Governor Zulum inspected the crusher plant base under construction in Pulka, which will produce up to 300 tonnes of stones per hour.

He said the completion of the crushing and asphalt plants is expected to facilitate new road networks across Borno State.

The Governor also visited other development sites, including the 500-unit mass housing project in Wala B, Gwoza Local Government Area, and a proposed site for a high Islamic school in Bama, underscoring his administration’s commitment to infrastructure and educational advancement.

Gwoza: Zulum reinstate 23 suspended Health Workers

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USAID Announces $2.3 Million Commitment to Procure Life-Saving Malaria Tablets from Swiss Pharma

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USAID Announces $2.3 Million Commitment to Procure Life-Saving Malaria Tablets from Swiss Pharma

By: Michael Mike

The U.S. Agency for International Development (USAID) has committed $2.3 million to procure 4.8 million doses of life-saving malaria tablets from Swiss Pharma (Swipha) in a landmark partnership that will expand access to essential medicines in Nigeria and West Africa.

This procurement, to be facilitated through the U.S. Government’s President’s Malaria Initiative (PMI), underscores the United States’ dedication to advancing Nigeria’s healthcare infrastructure and ensuring life-saving treatments reach vulnerable communities.

A statement on Tuesday said for years, Nigeria has faced significant challenges in procuring affordable, high-quality medicines due to the high cost of production and the inability of many local pharmaceutical companies to meet international quality standards.

According to the World Health Organisation (WHO), fewer than 10% of medicines manufactured in sub-Saharan Africa meet global standards, limiting local companies’ ability to supply essential drugs and meet healthcare needs. These barriers have particularly affected access to medicines for malaria and child health, as local production has often fallen short of both quality and quantity requirements.

In response, USAID partnered with Swipha in their efforts to attain World Health Organisation (WHO) prequalification for sulfadoxine/pyrimethamine (SP) tablets, a vital medicine for malaria prevention during pregnancy. Swipha is now the first pharmaceutical company in Nigeria and in West Africa to achieve this WHO certification, marking a critical step forward for the region’s pharmaceutical capacity.
“USAID’s support was pivotal in helping us reach this milestone,” said Swipha Managing Director, Frederic Lieutaud.

“The WHO prequalification not only validates our commitment to producing high-quality medicines but also enhances our capacity to scale production and serve both local and international markets with trusted, essential medicines.”

With the WHO prequalification, Swipha is well-positioned to expand its reach, supplying these essential medicines to international donors and procurement agencies, ultimately strengthening healthcare delivery across Nigeria and the broader West African region. This achievement also represents a significant boost to Nigeria’s healthcare system by enhancing local manufacturing capacity and contributing to public health efforts to combat preventable diseases.

During her visit to Swipha’s facility in Lagos, USAID Mission Director to Nigeria, Melissa Jones, commented “This achievement is a testament to the power of collaboration in improving healthcare in Nigeria. We are proud to have supported Swipha in reaching this milestone and look forward to continuing our partnership to ensure more quality medicines reach those who need them most. Together, we are building a healthier future for Nigeria.”

USAID Announces $2.3 Million Commitment to Procure Life-Saving Malaria Tablets from Swiss Pharma

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