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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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50 Civil Society Groups Criticize Withdrawal of Police at Kano Anti-Corruption Agency

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Civil society groups have raised concerns over the withdrawal of police personnel from the Kano State Public Complaints and Anti-Corruption Commission, criticizing the move during a press conference held in Abuja.

The groups said the withdrawal of approximately 40 police officers, responsible for security and investigative tasks, has not only hindered the commission’s work but also raised questions about the impartiality and independence of law enforcement agencies.

According to them the action is perceived as an attempt to impede ongoing corruption investigations involving Abdullahi Umar Ganduje, the National Chairman of the ruling All-Progressives Congress (APC) and former governor of Kano State.

The civil society groups have also issued recommendations to address corruption effectively in Nigeria.

They emphasize the need for autonomy and integrity within the judiciary, urging the National Judicial Council to monitor its members diligently.

They also call for transparency and accountability in governance, urging political parties to denounce and suspend members facing corruption allegations.

They also call for adequate resource allocation to anti-corruption agencies and also highlighted the essential to uphold their independence and efficiency.

Furthermore The groups called on religious leaders, community leaders, and opinion influencers to promote ethical behavior and combat corruption within their spheres of influence.

The reinstatement of police personnel withdrawn from the Kano State Anti-Corruption Commission are urged to facilitate the commission’s duties effectively.

The Civil society organizations also reaffirm their commitment to the fight against corruption and call for collective action to build a corruption-free Nigeria.

The withdrawal of police personnel from the Kano State Anti-Corruption Commission was allegedly ordered by the Inspector General of Police on April 25th. The move has sparked widespread criticism and calls for accountability in law enforcement actions related to anti-corruption efforts.

The groups are as follows

1. Civil Society Legislative Advocacy Centre (CISLAC)
2. Human and Environmental Development Agenda (HEDA Resource Centre)
3. Resource Centre for Human Rights and Civic Education (CHRICED)
4. Centre for Information Technology and Development (CITAD)
5. African Centre for Media & Information Literacy (AFRICMIL)
6. Borno Coalition for Democracy and Progress (BOCODEP)

7. BudgIT Foundation
8. Corporate Accountability and Public Participation Africa (CAPPA)
9. State of the Union (SOTU)
10. Tax Justice and Governance Platform
11.Transition Monitoring Group (TMG)
12.Women in Media Communication Initiative (WIM)
13.Zero Corruption Coalition (ZCC)
14.Alliance for Credible Elections (ACE)
15.Centre Democracy and Development (CDD)
16. Accountability Lab, Nigeria
17. Centre for Journalism Innovation and Development (CJID}
18.Say NO Campaign – Nigeria
19.Femi Falana Chamber
20.Health of Mother Earth Foundation (HOMEF)
21.Socio-Economic Rights and Accountability Project (SERAP)
22. Good Governance Team
23.21st Century Community Empowerment for Youth Initiative
24. OCCEN-Kano
25. Mothers and Marginalised Advocacy Centre ( MAMA Centre)
26.Social Action
27.Centre for Transparency Watch
28.West Africa Civil Society Forum WASCSOF
29.Global Rights
30 African Centre for Leadership, Strategy & Development (Centre LSD)
31.Partners West Africa
32.Order Paper
33.Say No Campaign
34 Environmental Rights Action/Friends of the Earth, Nigeria. ERA
35.Center for Fiscal Transparency and Public Integrity
36.Amnesty International Nigeria
37. RULAAC – Rule of Law and Accountability Advocacy Centre
38. Connected Development (CODE)
39. Centre for Democratic Research and Training (CRDDERT)
40. Praxis
41.CLEEN Foundation
42.Spaces for Change
43.Abuja School of Social and Political Thought
44.Yiaga Africa
45.Policy Alert
46.Socio Economic Research and Development Centre
47.Procurement Observation and Advocacy Initiative
48.Media Rights Agenda
49.MEDIA INITIATIVE FOR TRANSPARENCY IN EXTRACTIVE INDUSTRIES (MITEI)
50.Centre for Social Justice

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Plateau NLC Demands inclusion of LGA worker’s in the minimum wage

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By Asile Abel,Jos

Plateau state Chairman of the Nigeria Labour Congress NLC Comrade Eugene Manji, has mandated goverment to ensure that the new minimum wage to be implemented covers the local government sector.

“As workers, we want to place on record that, we will no more accept differential salary structures in the Plateau State between state and local government workers in the new minimum wage arrengment.”

Comrade Manji made the appeal at the annual international workers day been marked in Nigeria every 1st of May each year.

The Plateau State NLC boss equally complained that workers are being shortchange of their due rights.

“Even the recent fertilizer that was shared by government of Plateau state, workers were denied.’

Speaking on the insecurity bedeviling Nigerians, Comrade Manji said security operatives are not doing enough in protecting citizens.

“It should be noted that Nigeria is in a sorry state.” People are Killed daily and our national security offices are Celebrating drop on the number of deaths resulting from banditry, kidnapping, armed robberies and other vices as if Nigerian lives do not matter.” He noted.

On his part, Chairman TUC Plateau State chapter, Comrade Kenneth Shammah, reminded government that workers of a state owned hotel (Hillstation hotel) are being neglected.

Comrade Shammah revealed that the said workers are owed 50 months salaries.

“Workers in the Hillstation hotel have not been paid salaries for as for as over 50 months, we therefore appeal for the payment of those salaries to those category of Workers.”

Reacting to the agitations of the workers, governor of Plateau State Barr Caleb Mutfwang, reminded workers that his administration prioritize welfare of workers.

The governor pledged that his administration shall always prioritize welfare of civil servants.

Governor Mutfwang was represented at the event by the Head of Civil Service Plateau State, Barr Rauta Dakok.

Mutfwang told the gathering that his administration has upset the 11 billion naira unpaid salaries of civil servants; according to him, the said salary arrears was abounded by his predecessor, Ex-governor Simon Lalong.

He stressed that his administration has commenced payment of pension arrears from year 1986, since December 2023.

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HISBAH Commandant Offers 50 Slots to Journalists in Next Mass Wedding

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Sheikh Aminu Ibrahim Daurawa HISBAH Commandant Kano

 

Sheikh Aminu Ibrahim Daurawa, Commander-General (CG) of the Kano State Hisbah Board has revealed that the board has offered 50 slots to journalists and media workers in the next batch of the state’s mass wedding program.

Reports indicate that Sheikh Daurawa revealed this in an interview with journalists on Wednesday.

The Hisbah CG said following the success recorded in the last batch of the mass wedding which saw about 1,800 couples married off, the board decided in to include interested members of professional groups and trade unions in the programme.
We have given 50 slots to journalists and other members of the media who are interested in participating in the mass wedding programme,” he said.

He added that the board would also include legal practitioners and health workers in the next batch of the exercise.

Sheikh Daurawa also explained that the essence of the mass wedding program is to entrench moral values in the society and reduce immorality among young men and women.

Meanwhile, Sheikh Daurawa has urged Hisbah personnel across the 44 local government areas of the state to re-commit themselves to the job or resign.

He made the call during a meeting with heads of Hisbah commands in the 44 LGAs in the state at KERD conference hall in Kano city on Wednesday.

According to him, the Hisbah management has since provided written guidelines to help operatives understand their roles and responsibilities.

He explained that the Hisbah board has collaborated with Yusuf Maitama Sule University, Kano (YUMSUK), Amine Kano College of Islamic Legal Studies, Sa’adatu Rimi University of Education and the department of Islamic studies at Bayero University, Kano (BUK) to establish a Hisbah Academy.

He said when established, the Hisbah Academy would be an institution where formal knowledge and skills pertaining to Hisbah work would be taught and certificates would be awarded to its graduates.

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