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ECOWAS Court Dismissed SERAP’s Case Prosecuted by Falana against FG

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Malami

 

The Community Court of Justice of the Economic Community of West African States (ECOWAS) has dismissed six year application (ECW/CCJ/JUD/08/21) filed by the registered trustees of the Socio-Economic Rights and Accountability Project (SERAP) against the Federal Government.

In a judgment which was delivered on 26th April, 2021 the Court which was presided over by Hon. Justice Edward Amoaka ASANTE comprising two other members including Hon. Justice Gberi-Be OUTATTARA and Hon. Justice Januaria T. Silva Moreira COSTA declared the application inadmissible.

SERAP through its solicitors; Olufunmilola Falana (Mrs) Esq, Olusola Egbeyinka, Esq of Falana and Falana Chambers had on 4th April, 2016 filed an application at the ECOWAS against “violation of human rights of Nigerians and other individuals”.

Such rights according to the applicants included the rights to life, to security of the human persons, to the respect of the dignity inherent in a human being and right of property, guaranteed by Articles 1, 2, 3, 4, 5, 6 and 14 of the African Charter, Articles 1, 2, 3, 7, 8 and 17 of the Universal Declaration of Human Rights, Articles 2 and 6(1) of the International Covenant on Civil and Political Rights.

The Federal Government solicitors; T.A Gazali,SAN and Adedayo Ogundele, Esq all of the Office of the Attorney General of the Federation, Federal Ministry of Justice, Abuja advanced responses ranging from:

(a) Denying committing any violation against some groups,

(b) Settlement of compensation, and

(C) Contention that most of the issues were either settled, or at the appeal courts for further interpretation and final resolution.

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The Court further maintained that even where jurisdiction of Court is established, according to Article 10(d) of the Supplementary Protocol of the Court as amended, an application whose subject matter concerns human rights violation shall only be admissible when three criteria are met: the Applicant’s status as “victims” must be established, the non-anonymity of the application and the absence of litis pendence before another international Court or Tribunal.

According to the judgment:
“The Applicant having purportedly initiated the instant action on behalf of a community or group which lacks proper identification, Applicant’s locus standing in the matter cannot be sustained to admit the case for determination.

“Consequently, the action cannot be admitted under such a fatal capacity of the Applicant and same is dismissed in its entirety”.

“It must be further observed that the Applicant NGO has not been directly affected by the alleged violations, therefore it does not fulfill the requirement of being a victim on its own right”.

The Court judgment further stated that “the only ground to admit the case is on proof of the action being action popularis. However, the principles of public interest litigation and action popularis appear non-applicable to this case since the rights complained of, such as the right to life, to property, etc which primarily belongs to the victims and may only be claimed by them or their next-of-kins where necessary, have not been succinctly linked to the general public interest contemplated in the context of an action popularis.

“In the instant case, all the communities or groups on whose behalf the action is purportedly initiated to vindicate any alleged violations of their rights have themselves already taken various legal steps to remedy any wrongs if any.

The applicant case fails to clearly establish any community or groups whose public interest is allegedly breached and needs vindication as claimed,” the Court declared.

Responding to the development, the Attorney General of the Federation and Minister of Justice, Abubakar Malami described the judgment as a clear vindication of the Federal Government’s efforts towards respecting human rights and international conventions.

In a statement by Dr. Umar Jibrilu Gwandu, Special Assistant on Media and Public Relations, Office of the Attorney General of the Federation and Minister of Justice, Malami said the judgment has saved Nigeria from payment of billons of Nigeria’s naira for bogus claims.

Malami renewed the commitment of the Office of the Attorney General of the Federation and that of the Federal Government to protecting the rights of citizens in ramifications as well as protecting the public interest in the discharge of constitutionally recognized mandate.

 

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Rivers APC Chapter Rejects Moves to Impeach Fubara

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By Yusuf Danjuma Yunusa

 

The Rivers State chapter of the All Progressives Congress (APC) has formally rejected ongoing moves to impeach Governor Siminalayi Fubara and his deputy, warning that such action would destabilise the state and damage the party’s image.

Nigerian Tracker News earlier reported that the political crisis rocking Rivers State deepened on Thursday as members of the Rivers State House of Assembly commenced impeachment proceedings against Governor Siminalayi Fubara and his deputy, Ngozi Oduh.

The move followed a plenary session presided over by the Speaker of the House, Martins Amaewhule, during which the Majority Leader, Major Jack, read a notice of allegations and claims of gross misconduct levelled against the governor.

No fewer than 26 lawmakers were said to have signed the notice, which the legislators alleged was in line with the provisions of the Nigerian Constitution.

Amaewhule announced that the notice would be served on Governor Fubara within the next seven days, in accordance with legislative procedure.

Similarly, the Deputy Majority Leader of the House, Linda Stewart, read out a separate notice of allegations and gross misconduct against Deputy Governor Ngozi Oduh.

In a press statement issued on Thursday and signed by the Rivers APC spokesperson, Darlington Nwauju, the party said its leadership had taken note of the “unfortunate developments” emanating from the Rivers State House of Assembly.

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While acknowledging the constitutional independence of the legislature and its role in checks and balances, the APC said it could not support an impeachment process against a governor elected on its platform.

“Our position as of today on this matter is that we solemnly reject the resort to an impeachment process against our Governor and his deputy,” the statement read.

The party warned against allowing internal disputes associated with the Peoples Democratic Party (PDP) to spill into the APC, describing such a development as unacceptable.

Addressing claims that the impeachment threat is linked to budgetary issues, the APC recalled that during the period of emergency rule, a budget of ₦1.485 trillion was transmitted to the National Assembly by the President in May 2025 and subsequently approved by the Senate on June 25, 2025, and the House of Representatives on July 22, 2025.

According to the statement, the budget was designed to run for one year until August 2026, noting that the governor is not constitutionally compelled to present a supplementary budget if he is satisfied with the existing appropriation.

The party also cited constitutional provisions allowing a governor to spend for up to six months into a new fiscal year.

The APC leadership therefore urged members of the Rivers State House of Assembly, particularly its lawmakers, to resist what it described as “pressures from outside the Assembly chambers” aimed at destabilising the government.

“We will do everything possible to ensure that the Government of Rivers State, which is an APC government, is not destabilised through fratricidal disagreements,” the statement added.

The party called on the lawmakers to immediately discontinue the impeachment process, warning that proceeding with it could tarnish the APC’s image and undermine governance and development in the state.

“Let our state remain a democracy and not a politicocracy,” the statement noted.

The latest development comes amid the lingering political rift between Governor Fubara and his predecessor and political benefactor, Nyesom Wike, which has continued to polarise the state’s political structure.

The All Progressives Congress (APC) had stated that Wike would “certainly be under” his successor, Fubara, should he decide to join the party, underscoring that leadership positions are tied to current office.

The APC Director of Information, Bala Ibrahim, made the comments during an interview on Trust TV.

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How Fubara engaged social media influencers to tarnish image of FCT Minister, Wike -Group reveals

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Concerned Rivers People, CRP has revealed how Rivers Governor Siminalayi Fubara engaged social media influencers to tarnish image of the Federal Capital Territory FCT Minister Nyesom Wike.

This was contained in a statement issued and signed by the CRP’s Director of Communication, Robinson Uke where he stated that:

“Bloggers engaged by public officials to influence politics in Nigeria has become the norm as we are aware of deliberate moves by Fubara to denigrate the hardworking FCT minister before Mr President.

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“This obviously will not fly as we are also aware that some bloggers equally turned down mouth watering offers declaring that the minister has not in any way attacked the Rivers Governor either directly or indirectly.

Uke explained that: “All the FCT minister has said is that an agreement is an agreement, Fubara should swallow his pride and respect the agreement.

“This he has not done yet he is lavishing hard earned tax payers money of the state on social media influencers across the country without an Appropriation Act to back his spending.

“This development raises ethical concerns, as it undermines transparency and accountability in governance.

” The Nigerian government has responded by demanding approval for sponsored posts, citing concerns over misinformation and manipulation.

“We want to specially thank those bloggers who are standing by the truth and refused to be used by the drowning Fubara who has betrayal flowing in his DNA.

“To Fubara we wish him the best of luck in his political sojourn as an African proverb says a child who refuses to allow his mother to sleep, the child too will not sleep.

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JUST-IN: Rivers Assembly Initiates Impeachment Proceedings Against Fubara

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By Yusuf Danjuma Yunusa

The Rivers State House of Assembly has begun impeachment proceedings against Governor Siminalayi Fubara and his deputy, Ngozi Oduh.

During plenary presided over by the Speaker of the state House of Assembly, Martins Amaewhule, according to a live broadcast on Channels Television on Thursday, the Majority Leader, Major Jack, read out the notice of allegations and gross misconduct against Fubara.

“The governor does not even want to present any budget, because if he wanted to, he would have brought it all this while. Siminalayi Fubara is a mistake. Rivers state has never had it this bad,” the Speaker said.

Twenty-six members of the Rivers State House of Assembly signed the notice, which they alleged was against the Nigerian Constitution.

Amaewhule said the notice will be served to Fubara in the next seven days.

The Deputy Majority Leader of the House, Linda Stewart, also read out the notice of allegations and gross misconduct against Oduh.

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Relying on Section 188 of the Nigerian Constitution, Jack reeled out seven points of alleged gross misconduct against Fubara.

Some of the accusations include the demolition of the Assembly Complex, extra budgetary spending, withholding funds meant for the Assembly Service Commission, and refusal to obey the Supreme Court on the financial autonomy of the house.

After Jack laid his notice before the Speaker, who said the notice would be served to the governor in seven days, the deputy leader, Linda Stewart, also brought forward a notice of gross misconduct against Odu.

According to the report, some of the allegations against Odu included reckless and unconstitutional spending of public funds, obstruction of the House of Assembly from performing its constitutional duties as outlined by the 1999 Constitution, conniving to allow unauthorised persons to occupy offices without proper screening by the legitimate House of Assembly.

“Siminalayi Fubara and Ngozi Odu are nothing but a threat to our nascent democracy. If they are allowed to remain in office, I do not know what will become of our democracy. They are moving about from place to place, spending taxpayers’ money without approval,” the Speaker added.

Other allegations were that she approached another group of people for budgetary approval instead of the legitimate Rivers State House of Assembly, seizure of salaries and allowances accruing to the RSHA and the Rivers State Assembly Service Commission.

The move is the second attempt by the lawmakers to impeach Fubara and his deputy, following a similar one in March 2025.

In the notice signed by 26 members of the Rivers Assembly at that time, the lawmakers accused Fubara and Odu of gross misconduct after the governor fell out with the immediate governor of the state, Nyesom Wike.

Following escalating tensions in the oil-rich state, President Bola Tinubu intervened and declared a state of emergency.

The president suspended Fubara, his deputy and the Rivers Assembly and said the development is “required by section 305(5) of the 1999 Constitution as amended.

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