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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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Ambassadorial Posting: Omokri Faces Rejection as Diaspora Group Calls for a Recall

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By Yusuf Danjuma Yunusa

The Global Coalition for Security and Democracy in Nigeria (GCSDN), a diaspora advocacy organization, has formally called on Mexican President Claudia Sheinbaum to reject the designation of Mr. Reno Omokri as Nigeria’s next ambassador to Mexico.

In an official letter addressed to President Sheinbaum, the GCSDN outlined its strong opposition to the appointment, citing concerns over the nominee’s character, the controversial process behind his selection, and potential risks to bilateral relations. The letter was signed by the organization’s Global Coordinator, Comrade Frederick Odorige.

A central point of the GCSDN’s protest is the process by which Mr. Omokri’s nomination was confirmed in Nigeria. The group alleges that the appointment circumvented standard legislative protocol.

“Mr. Omokri was not subjected to the required screening by Nigeria’s National Assembly,” Comrade Odorige stated in the letter. “The process was expedited, allowing him to merely ‘take a bow and leave’—a practice that effectively bypassed substantive debate and a thorough vetting of his qualifications. This has led to widespread public condemnation of the appointment within Nigeria.”

The GCSDN further described Mr. Omokri as a divisive figure lacking the integrity and moral authority befitting a diplomatic post. The letter alleges a pattern of inflammatory rhetoric and opportunism.

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“He is a self-seeking individual known for flippant and provocative public statements, which have frequently led to divisive altercations,” Odorige wrote. “To appoint such a personality as a diplomatic representative raises serious questions about the message it sends to the international community.”

The letter highlights a significant shift in Mr. Omokri’s political stance, suggesting his appointment is a political reward. The group referenced Mr. Omokri’s previous harsh criticism of President Bola Tinubu, including a televised interview on ARISE TV where he referred to the President as a “known drug lord,” claiming to possess documentary evidence from the United States.

“It is a matter of public record that Mr. Omokri has levelled grave accusations against President Tinubu,” the letter continued. “Given that he originates from the same ethnic background as the First Lady, Senator Oluremi Tinubu, it is our belief that he has been politically co-opted. This appointment serves as compensation for abandoning his previous opposition and ceasing his public campaigns, including his advocacy for the release of abducted schoolgirl Leah Sharibu.”

The GCSDN alleges that the ambassadorial posting is designed to grant Mr. Omokri diplomatic immunity, thereby shielding him from accountability for what the group describes as his “despicable activities.”

The GCSDN warned that sending such a controversial figure could have detrimental effects on the diplomatic relationship between Mexico and Nigeria. The group cautioned that Mr. Omokri’s conduct might lead to actions that undermine the Mexican government and damage its international relations.

“We believe his presence in Mexico will be counterproductive. His history suggests a propensity for conflict that could lead him to organize secret protests or work against the interests of your government, thereby destabilizing the diplomatic harmony between our two nations,” the letter warned.

In its appeal, the GCSDN urged President Sheinbaum’s administration to exercise its sovereign right to refuse the acceptance of Mr. Omokri’s credentials, citing “diplomatic sensitivities, security concerns, and political considerations.” The organization concluded its plea with the proverb, “A stitch in time saves nine,” urging swift action to prevent future discord.

Copies of the correspondence were also forwarded to the Mexican Secretary of Foreign Affairs, the President of the Mexican Senate, and the Mexican Embassy in Nigeria for their awareness and consideration.

The Global Coalition for Security and Democracy in Nigeria is a diaspora-led organization focused on promoting good governance, security, and democratic principles in Nigeria.

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Breaking:Kano Government dissolves Ministry of Higher Education

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The Kano state governor Alhaji Abba Kabir Yusuf has approved the merger of the Ministry of Higher Education with the Ministry of Education in a decisive step to strengthen coordination and accelerate reforms in Kano State’s education sector.

This was contained in a statement signed by the governor’s spokesperson, Sunusi Bature Dawakin Tofa, on Sunday.

Following the restructuring, the new entity will operate as the Ministry of Education, with a specialized Directorate of Higher Education established within the ministry to oversee tertiary education activities.

The directorate will be headed by a Permanent Secretary and supported by the necessary personnel to ensure effective management of higher education institutions in the state.

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“Under this restructuring, all agencies under the defunct Higher Education Ministry such as Scholarship Board will return to the Ministry of Education while state owned universities and other Highter Education Institute will also be supervised by the new Directorate under the merged ministry” the statement added.

The move is part of the state government’s ongoing State of Education sector reform, aimed at repositioning the sector, eliminating duplication of responsibilities, improving policy coordination across all levels of education and reducing cost of governance.

Governor Yusuf stated that the reform is designed to reduce the cost of governance while enhancing efficiency, accountability, and the overall quality of education administration in Kano State.

He reiterated that his administration remains fully committed to implementing far-reaching reforms that will revive the education sector and secure a brighter future for the younger generation.

Consequently, the Office of the Secretary to the State Government and the Office of the Head of Service have been directed to ensure the immediate and seamless realignment of the affected ministries and their respective departments.

 

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Executive Council: Kano Deputy Governor Absent Amidst Calls for Resignation”

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The Deputy Governor of Kano State, Comr. Aminu Abdussalam Gwarzo, was absent from the 38th State Executive Council meeting held on March 12, a development that has fueled discussions about the ongoing political uncertainties within the state’s administrative machinery.

The meeting, presided over by Governor Abba Kabir Yusuf, was attended by members of the state executive council. However, the deputy governor’s seat remained vacant throughout, despite the official notice of the meeting.

His absence from this critical engagement is believed to stem from lingering political disagreements following Governor Yusuf’s decision, along with several allies, to defect to the All Progressives Congress (APC).

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While some commissioners who did not follow the governor resigned voluntarily in the face of the political realignment, the deputy governor refused to step down, despite holding two key positions: Deputy Governor and Commissioner for Higher Education.

The situation has triggered strong reactions both within and outside government circles, with some officials openly suggesting that a deputy governor who does not share the same political platform as the governor should consider resigning in the interest of the state.

This development has also reignited discussions around the impeachment proceedings initiated against the deputy governor by the Kano State House of Assembly.

Political commentators argue that his continued stay in office, despite the realignment, has created an administrative vacuum within the state’s governance structure. They question whether his actions prioritize the interests of the Kano people or serve personal ambitions, warning that such a stance could stagnate governance and undermine stability.

According to some Kano residents, the deputy governor should at least resign his position as Commissioner for Higher Education to allow the ministry to function smoothly in the interest of the state and its people.

As of the time of this report, neither the deputy governor’s office nor the state government had issued an official statement regarding his absence from the March 12 Executive Council meeting.

 

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