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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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EU Delegation Pays Courtesy Visit to Sultan of Sokoto, Expresses Commitment to Humanitarian Initiatives

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A delegation of European Union (EU) representatives, led by the EU Ambassador to Nigeria, His Excellency Gautier Mignot, paid a courtesy visit to His Eminence, Sultan Sa’ad Abubakar at his palace in Sokoto. The visit was aimed at fostering diplomatic ties and introducing the EU team to one of Nigeria’s most revered traditional institutions.

Speaking during the visit, Ambassador Mignot emphasized the importance of engaging with esteemed leaders and institutions in Nigeria, stating, *”We are here to introduce ourselves to one of the most respected traditional institutions in the country.”* He expressed the EU’s commitment to strengthening collaboration with local communities through humanitarian and developmental programs.

One of the key highlights of the visit was the delegation’s announcement of a new EU-backed initiative targeted at supporting vulnerable children and disadvantaged individuals in Nigeria. Ambassador Mignot elaborated on the program’s focus, saying, “Our mission here includes the launch of a program specifically designed to provide aid to children and the less privileged, with a particular focus on Sokoto, the seat of the caliphate.”* The initiative aims to enhance welfare services and promote social development in the region.

The EU ambassador also reassured the Sultan of the delegation’s dedication to ensuring the success of its mission, pledging unwavering support and cooperation. “We are committed to working closely with relevant stakeholders to make this program a success,” he stated.

In his response, Sultan Sa’ad Abubakar warmly welcomed the EU team, acknowledging the significance of their visit. He expressed his willingness to support their humanitarian objectives, stating, *”We fully appreciate this gesture and assure you of our unflinching support in realizing these noble goals.”* The Sultan further emphasized the need for collaboration among all societal groups to achieve maximum success, regardless of religious or ethnic backgrounds.

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The visit also saw the presence of several esteemed council members accompanying the Sultan, including Wazirin Sokoto, Professor Sambo Wali Junaidu; Magajin Rafi, Barrister Rilwanu Bello; Galadiman Gari, Alhaji Aliyu Attahiru Galadanci; and Sa’in Kilgori, District Head of Kilgori, Alhaji Muhammad Jabbi Kilgori. Also in attendance were the Council Secretary, Damburan Alhaji Sa’idu Maccido, and the Director of Personnel Management of the Council, Wambai Ahmed Abdulkadir, among others.

The meeting underscored the significance of international partnerships in driving humanitarian efforts and fostering development within Nigeria. The EU delegation, alongside local authorities, expressed optimism that the newly launched initiative would yield substantial benefits for vulnerable communities in Sokoto and beyond.

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Reps Minority Caucus condemns unlawful detention of VDM, demands his immediate release

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The Minority Caucus of the House of Representatives has condemned in the strongest terms the arrest and continued detention of social campaigner and activist, Martins Otse, popularly known as Very Dark Man (VDM), by the Economic and Financial Crimes Commission (EFCC).

In a statement jointly signed by the HoR caucus leaders, Rep Kingsley Chinda, Leader, Rt. Hon. Dr. Ali. Isa J.C Minority Whip, Rt. Hon. Aliyu Madaki., Deputy Minority Leader,,Rt. Hon. George Ozodinobi
Deputy Minority Whip, the opposition leaders declared that:

“The disturbing trend of security and law enforcement agencies deploying their powers arbitrarily against citizens exercising their rights to free expression poses grave threats to our democracy.

“We must state clearly that such acts, cloaked in the guise of enforcement, erode public confidence in the rule of law and undermine the principles of accountability and transparency.

The caucus insisted that: “The arrest of Mr. Otse which reportedly took place without the issuance of a warrant is a direct violation of the 1999 Constitution of the Federal Republic of Nigeria (as amended) that guarantees the liberty of the citizen except in accordance with the due process of law. Sections 35(1) and 35(3) of the Constitution stipulate the conditions under which a person may be deprived of their liberty and require that any person arrested must be informed promptly of the reasons for their arrest and any charges against them.

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“The EFCC, like every other agency of government, is bound by these constitutional provisions and must not act outside their bounds.

“Moreover, the continued detention of Mr. Otse beyond the constitutionally permissible period of 24 to 48 hours without being charged to court is not only an abuse of power, it is also a blatant affront to the principles of natural justice and fair hearing.

“The Constitution, under Section 35(4), provides that a person who is arrested or detained must be brought before a court of law within a reasonable time, which, in the case of an arrest without a warrant, shall not exceed two days.

“Any deviation from this is a breach of the citizen’s fundamental rights and a descent into lawlessness.

“As the voice of the opposition in the National Assembly, the Minority Caucus calls on the EFCC to immediately release Mr. Otse or charge him to court in accordance with the law.

“Arbitrary arrests and prolonged detentions of citizens for expressing dissenting or unpopular views must have no place in a democratic society.

“The preservation of liberty, due process, and respect for constitutional rights remain the bedrock of our republic. We will not stand idly by while state agencies abuse their powers to suppress voices that challenge the status quo in line with the laws.

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Former President Jonathan Pays Tribute to Late President Yar’Adua 15 Years After His Passing

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Fifteen years after the passing of former Nigerian President Umaru Musa Yar’Adua, his successor, Goodluck Jonathan, has paid tribute to his legacy, describing him as a patriot and servant leader who worked tirelessly for a united and inclusive nation.

Jonathan, in a heartfelt message shared on his social media page, reflected on Yar’Adua’s life, emphasizing his dedication to service and selflessness. He noted that whether as a teacher, governor, or president, Yar’Adua’s leadership was characterized by hard work, patriotism, accountability, and a commitment to justice and the rule of law.

During his tenure as president, Yar’Adua prioritized national reconciliation, fostering unity among Nigerians, and mobilizing building a nation founded on **justice, peace, and progress. Jonathan highlighted that despite the brevity of Yar’Adua’s presidency, his impact was profound and his leadership progressive, leaving behind a legacy of selfless service and deep commitment to the public good[

Jonathan further remarked that even fifteen years after his passing, Yar’Adua remains a reference point for good leadership, peace, and accountability. His contributions to governance continue to inspire leaders and citizens alike, reinforcing the values of integrity and dedication to national development.

In his tribute, Jonathan celebrated Yar’Adua not only as a friend, brother, and boss but also as a leader who embodied sacrificial service. He praised Yar’Adua’s genuine efforts in nation-building and his commitment to fostering an inclusive democracy anchored on

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The remembrance of Yar’Adua’s legacy has sparked reflections across Nigeria, with political figures and citizens alike acknowledging his contributions to the country’s democratic journey. His tenure remains a significant chapter in Nigeria’s history, marked by reforms and a leadership style that prioritized the welfare of the people

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