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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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APC Governors Cry Foul After the Removal of Indirect Primaries

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By Yusuf Danjuma Yunusa

 

Just over a week after President Bola Tinubu assented to the 2026 Electoral Act, signs of discord have emerged within the ruling All Progressives Congress (APC). According to reports from leadership, a number of APC governors are deeply unhappy with the removal of the indirect primary election mode from the newly signed legislation.

According to party insiders, the governors feel they were outmaneuvered by federal lawmakers, who they claim drove the amendment process with unusual speed, culminating in the President’s prompt assent.

“We feel frustrated and ambushed,” a governor from the South-East region was quoted as telling an aide to President Tinubu during a meeting in Abuja on Sunday. The source added that the South-East governor was accompanied by a colleague from the South-West to voice their collective concerns. Their primary grievance, it was gathered, is that the new law significantly curtails their influence over the candidate selection process within the party.

At the heart of the dispute is the removal of the indirect primaries option. The previous Electoral Act of 2022, in Section 84(2), allowed political parties to nominate candidates through direct, indirect, or consensus primaries. The new 2026 Act, however, prescribes only direct and consensus primaries in Section 84.

The indirect system, often referred to as the delegate system, has historically been a powerful tool for state governors, who typically wield significant control over the selection of delegates. The new direct primary mode, which mandates voting by all registered party members, is seen by the governors as a move that dilutes their control over who flies the party’s flag, particularly for National Assembly seats.

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A credible source within the party elaborated on the governors’ perspective, stating that they felt sidelined during the legislative process. “All the governors elected on the APC platform are committed to complementing the efforts of our leader and President, Bola Ahmed Tinubu,” the source said. “But the events of the last few days have felt like an ambush. There is a growing frustration that the President may be prioritising the counsel of some lawmakers over that of the governors.”

The source clarified that the governors’ opposition is not to the entire bill but to specific provisions. “It’s not that they have many issues with the entire Bill, but they had tabled specific reservations with Mr. President, particularly regarding the selection of National Assembly candidates for the 2027 elections. He had given his consent on those points. The governors believe they have a better grasp of the grassroots and who is electable.

Their plan was to complement Mr. President by ensuring the nomination of strong candidates. Now, they feel ambushed and frustrated that they may be sidelined from nominating candidates for the National Assembly elections.”

Responding to the reports, the Chairman of the APC Governors’ Forum and Governor of Imo State, Senator Hope Uzodimma, moved to quell the narrative of a rift, stating that governors were not outwitted and remain loyal to the party and national interest.

In a statement released through his Chief Press Secretary and Special Adviser on Media, Hon. Oguwike Nwachuku, Governor Uzodimma described the amendment process as a purely legislative affair. He stressed that the lawmakers acted in the national interest and that the resulting framework is for the overall good of the populace.

“The legislators deliberated on it and arrived at a compromise, which the president assented to,” Governor Uzodimma was quoted as saying. He emphasised that as responsible and responsive members of the party, “they are loyal to every decision of the party.”

He further submitted that the governors have “no reason to feel outwitted,” as the actions were taken “for the well-being and overall good and benefit of the populace.”

President Tinubu signed the Electoral Act Amendment Bill 2026 into law last Wednesday. The signing proceeded despite public debate over another contentious clause that makes the electronic transmission of election results optional. The final version of the Bill notably deleted the indirect primary option, retaining only the direct and consensus modes.

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BREAKING: El-Rufai Suffers Nose Bleeding in EFCC Custody, Family Denied Access

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By Yusuf Danjuma Yunusa

Former Kaduna State Governor, Mallam Nasir Ahmad El-Rufai, is currently in custody following his voluntary appearance for questioning at the Economic and Financial Crimes Commission (EFCC).

El-Rufai arrived at the EFCC headquarters in Abuja on Monday, February 16, 2026, after returning from Egypt on February 12. According to his media team, he has been detained since his arrival, with no official reports of interrogations been carried out.

A statement released via El-Rufai’s official social media account by his media adviser, Muyiwa Adekeye, raised concerns over the conditions of his detention. Mr. Adekeye alleged that the former governor experienced a nosebleed during the night following his detention.

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The statement further claimed that family members and legal representatives have faced significant difficulties in gaining access to him.

“Ubong Akpan also complained that lawyers and family were having difficulties in securing access to him in detention,” the statement read. “One of his wives was not allowed to deliver his meal directly to him in the evening of 17th February but was asked to pass it to him through one of the commission’s personnel. His lawyers have reported that he suffered an overnight episode of bleeding from his nose.”

It has been confirmed that El-Rufai has been transferred from EFCC custody to the Independent Corrupt Practices and Other Related Offences Commission (ICPC). He is scheduled to appear in court on Wednesday, February 25, 2026, in connection with charges related to cybercrime.

As of the time of this report, neither the EFCC nor the ICPC has issued a statement regarding the alleged health incident or the conditions of his detention.

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Fire Guts Murtala Muhammad International Airport

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By Yusuf Danjuma Yunusa

A fire outbreak has gutted the old terminal of the Murtala Muhammed International Airport in Lagos, aviation authorities confirmed on Monday, raising concerns over infrastructure safety at Nigeria’s busiest air hub.

The blaze, which reportedly broke out in a section of the ageing terminal facility, was swiftly contained by emergency responders. The Federal Airports Authority of Nigeria (FAAN) said no casualties were recorded and normal flight operations were not significantly disrupted.

In a brief statement, FAAN assured the public that firefighters and airport emergency teams responded promptly to prevent the fire from spreading to other operational areas of the airport.

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“The incident was quickly brought under control, and there were no injuries or fatalities,” the authority said, adding that an investigation had commenced to determine the cause of the fire.

Passengers and airport workers were temporarily evacuated from affected sections as a precautionary measure, according to officials. Aviation analysts say the incident may renew scrutiny of ageing infrastructure within parts of the Lagos airport complex, particularly older terminals that have been earmarked for upgrades.

The Nigerian Civil Aviation Authority is expected to review safety protocols following the incident, in line with regulatory standards.

While damage assessment is ongoing, FAAN reassured travellers that safety remains its top priority and that airport operations continue under strict monitoring.

The old terminal at Lagos airport has long served as a key domestic travel hub, handling millions of passengers annually in Africa’s most populous nation.

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