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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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Kwankwaso, Atiku, Amaechi, Obi, Others Match-Out in Peaceful Protest at INEC’s Headquarters

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By Yusuf Danjuma Yunusa

A coalition of chieftains from the African Democratic Congress (ADC), led by the party’s interim Chairman, David Mark, staged a peaceful protest at the headquarters of the Independent National Electoral Commission (INEC) in Abuja. The demonstration was in response to INEC’s recent withdrawal of recognition from the David Mark-led faction as the legitimate leadership of the party.

Prominent figures in the protest included former Vice President Atiku Abubakar, former Governors Rabiu Musa Kwankwaso and Peter Obi, as well as former Ministers Rotimi Amaechi and Rauf Aregbesola.

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The leadership crisis within the ADC has deepened in recent times, with the emergence of yet another faction backed by state chairmen of the party. This group claims legitimacy over the two existing factions—one led by Nafiu Bala and the other by David Mark.

Amid this increasingly undemocratic atmosphere, the David Mark-led faction had scheduled its national convention for April 14. However, with today being April 8, questions are being raised over whether the faction can meet that deadline or if the leadership dispute will be resolved before the date.

Meanwhile, INEC has set May 10 as the final deadline for all political parties to submit the names of their flag bearers for the 2027 general election.

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ADC Crisis: Kwankwaso Seeks Intervention of Gombe Emir 

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By Yusuf Danjuma Yunusa

Senator Rabiu Kwankwaso, a chieftain of the African Democratic Congress (ADC), has accused Nafiu Bala, the party’s factional chairman, of acting against democratic principles.

In an interview with DCL Hausa on Tuesday, Kwankwaso revealed that he had invited Bala for a meeting aimed at resolving the party’s crisis amicably, but Bala failed to show up.

“We scheduled to meet yesterday, but despite waiting until morning, he did not come. I had been warned he wouldn’t show up, and his absence is deeply disappointing. I want to pass my message through you now, so that if you meet him, you can deliver it on my behalf,” Kwankwaso said.

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He added, “Given the current situation in our country, our party and our democracy cannot afford someone who behaves like the lizard at the mouth of the water pot—blocking progress. As a leader of this movement in Nigeria, I believed that when I invited him, he would honour the request so I could advise him, as a father would a son.”

Kwankwaso noted that Bala was born in 1990 and still needs guidance as a youth. “His current actions are not only harmful to his own future, but also to the ADC and Nigerian democracy as a whole.”

He further warned, “He must recognise that millions have registered with our party. What was once a small party has grown significantly because prominent leaders joined with a mission to do what is right for this country. If he continues to stand in the way of that progress, it will become a very serious problem for him.”

The senator also called on the Emir of Gombe, other traditional rulers, and Islamic scholars (Ulamas) to intervene in the dispute.

“This is a serious matter, and he must realise his mistakes so we can resolve it. I offer this advice freely because I know it is for everyone’s benefit,” Kwankwaso concluded.

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NCC to Enforce Subscriber Compensation for Poor Telecom Service

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By Yusuf Danjuma Yunusa

The Nigerian Communications Commission has announced that its directive mandating telecommunications operators to compensate subscribers for poor service quality will take effect from this month.

The Commission disclosed this in a Frequently Asked Questions document released on Tuesday, offering clarity on how the compensation framework will work and which subscribers qualify.

According to the NCC, the directive applies specifically to Mobile Network Operators that fail to meet the required Key Performance Indicators for Quality of Service. These operators include major players such as MTN Nigeria, Airtel Nigeria, Globacom, and 9mobile, although the Commission did not specify which of them fell short of the standards.

The NCC noted that a separate compensation framework already exists for Internet Service Providers.

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Under the new directive, compensation will cover service failures affecting voice calls, data services, and SMS. To qualify, subscribers must have experienced poor network service in an affected Local Government Area and must have carried out at least one revenue-generating activity—such as a billed call, SMS, or data session—within the period in question.

The Commission added that both individual and corporate subscribers are eligible for compensation.

Importantly, the NCC stated that subscribers will not need to apply to receive compensation. Instead, telecom operators are mandated to automatically identify affected customers and compensate them directly.

“The compensation framework will take effect from April 2026.

“No. The directive does not replace existing consumer protection mechanisms. It adds a direct compensation mechanism for affected subscribers. It aligns with measures set in existing legislation, such as the Consumer Code of Practice Regulations 2024 and the Quality of Service Regulations 2024,” NCC said

“Operators are required and mandated to identify affected subscribers and provide compensation directly. Only service failures that fall below the defined thresholds set by the Quality of Service Regulations will qualify,” NCC said.

However, the regulator clarified that minor or short-lived network disruptions that are quickly resolved may not meet the threshold for compensation.

The move is part of the NCC’s broader efforts to improve service delivery and hold telecom operators accountable for consistent network performance across the country.

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