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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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NYSC Distances Self from NANS Proposed N200 Mobilisation Levy

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By Yusuf Danjuma Yunusa

The National Youth Service Corps has distanced itself from the proposed N200 annual levy by the National Association of Nigerian Students, saying payment of the levy is not a requirement for students seeking mobilisation for national service.

The NYSC stated this in a statement shared on its official X account on Tuesday, following reports that NANS was considering linking payment of its dues to the NYSC mobilisation process.

The Scheme said it had neither discussed nor agreed to the proposed arrangement with NANS, adding that it had not entered into any Memorandum of Understanding with the student body on the collection of any levy.

“The NYSC wishes to state unequivocally that it has not, at any time, discussed, agreed to, or entered into any Memorandum of Understanding with the National Association of Nigerian Students regarding the collection of any levy from students in connection with mobilisation for national service,” the statement said.

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The NYSC explained that its mobilisation process was conducted through established official channels involving the management of the Scheme and the Heads of Corps Producing Institutions, which provide information on their graduates for mobilisation.

“The mobilisation process is neither linked to nor contingent upon the activities of any student association or organisation,” it added.

The Scheme consequently advised prospective corps members and students to disregard any information suggesting that payment of a levy to NANS or any other student association was required for NYSC mobilisation.

“For the avoidance of doubt, NYSC mobilisation process is straightforward and is conducted through established official channels,” the statement said.

The clarification followed comments by the NANS National President, Akinteye Babatunde, that the association was considering a system under which students would pay an annual N200 due.

Babatunde had also indicated that NANS would work with the NYSC and that students might be required to show proof of payment of the association’s dues before being mobilised for camp.

The NYSC, however, reaffirmed its commitment to maintaining a transparent, credible and efficient mobilisation process in line with existing government policies and guidelines.

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Kano Islamic Scholar Declares Kano Widow Marriage Programme ‘Haram’, Urges Government to Stop It

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A prominent Kano Islamic scholar, Sheikh Alaramma Hadi Inuwa Maihula Sanka, has criticised the Kano State Government’s widow marriage programme, describing the practice as “Haram”, urging the government to discontinue it.

Sheikh Maihula made the position known during an interview with journalists in Kano on Tuesday evening, arguing that marriage, like other major religious obligations, is subject to a person’s ability and means.

According to him, Islam does not compel a person who lacks the financial capacity to undertake marriage, just as obligations such as Zakat and Hajj are not imposed on those without the means to fulfil them.

“Marriage, Zakat and Hajj are never made obligatory on anyone unless they have the means,” he said, citing teachings contained in the Qur’an, particularly Suratul Nur, as well as Hadith narrated by Imams Bukhari and Muslim.

The cleric therefore questioned the use of public funds by state governments to organise or finance special marriage programmes, describing the collection or expenditure of public resources for such purposes as religiously unacceptable.

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He argued that government resources should instead be channelled into addressing pressing social challenges affecting citizens, including inadequate healthcare, water supply and support for vulnerable workers.

“Kano city does not have enough hospitals, there are not enough qualified doctors, there is no Portable drinking water, and pensioners have not all been settled,” he said.

Sheikh Maihula also questioned the concentration of specialist healthcare services in Kano metropolis, saying residents from distant local government areas are forced to travel to the city to access medical treatment.

He specifically mentioned Gwarzo, Takai and Tsanyawa, asking why similar hospitals could not be established in such communities to bring healthcare closer to residents.

“Since Gwarzo, Takai or Tsanyawa, the community has been coming to Murtala Muhammad Specialist Hospital, and this hospital was built in 1928. Why can’t a similar hospital be built in Takai, Tsanyawa or Gwarzo?” he asked.

The Islamic scholar also warned that government-sponsored marriages could create additional financial responsibilities for the state if couples subsequently have children and require assistance with their upkeep.

He argued that rather than spending public funds on marriage ceremonies, governments should empower widows and other vulnerable women through vocational training, entrepreneurship support and other forms of sustainable livelihood assistance.

Maihula urged the Kano State Government, as well as other states considering similar programmes, to reconsider the initiative and redirect resources towards programmes that would enable beneficiaries to become economically self-reliant.

He maintained that empowering women to earn sustainable livelihoods would provide longer-term benefits than one-off marriage interventions.

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TMS Inaugurates Kano North’s 13 LG Executives and Empowers Social Media Representatives

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The Tinubu Maliya Shonikan (TMS) Organisation has inaugurated its local government coordinators across Kano North Senatorial District, with a pledge to strengthen grassroots mobilisation and support the All Progressives Congress (APC) ahead of future political engagements.

The inauguration ceremony, which was held on Sunday at Amani Event Centre, Nassarawa GRA, Kano, was led by the organisation’s leader, Alhaji Ibrahim Yusuf Garo, popularly known as Shonikan, alongside the Kano State Chairman of TMS, Barrister Nura Abdullahi Bagwai.

Speaking at the event, the organisers said the establishment of TMS in Kano North was motivated by the desire to support and promote programmes and political activities associated with Senator Barau I. Jibril Maliya, whom they described as having contributed significantly to the development and representation of the area.

According to the organisation, the initiative is also intended to mobilise support for the APC and strengthen its grassroots structure across Kano North and the wider Kano State.

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As part of the inauguration, social media agents from 141 wards across Kano North were provided with android tablet pc and data support to enable them to effectively communicate the activities, programmes and achievements of the organisation and its political allies through digital platforms.

The leadership of TMS said the provision of the devices and monthly data support formed part of a broader strategy to establish an organised and effective digital communication network across the senatorial district.

The organisation further announced plans to introduce additional programmes and initiatives aimed at strengthening grassroots mobilisation and contributing to the success of the APC from the grassroots to the state level.

The event attracted important diginataries like MD Hadejia Jama’are River Basin Development Authority, Engr. Rabi’u Suleiman Bichi whonis the Guest Speaker if rhe Occasion, APC National Vice Chairman North West Hon. Garba Datti Mohammed, the commissioner National Assembly Service Commission Hon. Yusuf A. Yusuf Tabuka, Representative of rhe State Minister Housing and Urban Development, APC leaders, members, supporters and representatives of the organisation from across Kano North.

The organisers expressed appreciation to God for the successful and peaceful conclusion of the inauguration ceremony, describing the event as an important step towards strengthening the organisation’s structure and activities across the senatorial district.

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