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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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Public Enlightenment Movement Spotlights Northern Nigeria’s Infrastructure and Healthcare Gains Under Tinubu

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The National Coordinator of the Public Enlightenment Movement, Nuhu Abdullahi Balarabe, has unveiled Phase 7 of the organisation’s project update, highlighting major infrastructure and healthcare achievements recorded across Northern Nigeria under the administration of President Bola Ahmed Tinubu.

Addressing members of the press, Nuhu said the initiative remains committed to providing verified information on government projects and developmental progress across the northern states.

He explained that the Public Enlightenment Movement was established to promote transparency, public awareness and citizen engagement by documenting and disseminating updates on strategic national projects.
According to him, the latest phase focuses on critical infrastructure interventions aimed at boosting regional connectivity and economic growth.

Among the projects highlighted is the ongoing reconstruction of the Ajingi–Jahun–Kafin Hausa Road linking parts of Kano State and Jigawa State, which is expected to ease transportation of agricultural produce and improve trade activities across the corridor.

He also noted progress on the dualisation of the Minna–Bida Road in Niger State, describing it as a strategic route expected to reduce travel time and improve road safety for commuters.

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Nuhu Abdullahi further highlighted the accelerated completion of the Kaduna Western Bypass in Kaduna State, noting that the project is designed to improve movement for residents and travellers connecting to the Abuja corridor.

In the same vein, he said the rehabilitation of the previously neglected Shiroro Road in Niger State has significantly shortened travel distances and revitalised economic activities in surrounding communities.

On healthcare, the National Coordinator described the establishment of a world-class cancer centre at Federal Teaching Hospital Katsina as a landmark achievement in the health sector.

According to him, the facility is among the country’s top oncology centres, equipped with modern medical infrastructure aimed at making quality cancer treatment accessible and affordable for Nigerians.

He also cited progress on the Sokoto–Badagry Superhighway, noting that the highway project is advancing steadily across six states with the integration of smart infrastructure such as streetlights and CCTV surveillance to enhance security and traffic management.

Nuhu stated that the projects outlined in the Phase 7 briefing reflect broader national efforts to improve infrastructure, healthcare delivery and economic resilience.

He reaffirmed the organisation’s commitment to sustaining public awareness on government interventions and national development initiatives.

“The projects detailed in this briefing are a testament to the wider national transformation currently underway.

While this phase focuses on northern Nigeria, it reflects a broader commitment to building a resilient, interconnected and healthier nation,” he said.

He thanked members of the media and citizens for their continued support of the Public Enlightenment Movement and called for sustained public engagement in national development.

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BREAKING: INEC Restores Mark-led ADC Leadership on Website After S’Court Ruling

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By Yusuf Danjuma Yunusa

The Independent National Electoral Commission (INEC) has updated its website, listing David Mark as the national chairman of the African Democratic Congress (ADC) and Rauf Aregbesola as national secretary following the judgement of the supreme court.

The development, spotted on Thursday evening, reverses INEC’s earlier decision in early April to remove the Mark-led executive from its portal, citing the ruling of an appeal court on the leadership crisis in the ADC.

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The Mark-led faction of the ADC and Nafiu Bala, a former national vice-chairman of the party, have been laying claim to its leadership.

However, earlier today, the supreme court directed Mark to return to the federal high court for the hearing and determination of issues arising from the leadership dispute within the ADC.

Delivering a unanimous judgement, a five-member panel of the apex court, headed by Mohammed Garba, faulted the order of the court of appeal which asked parties in the suit to maintain status quo ante bellum.

Following the ruling, the ADC page on the INEC website, which was taken down initially, now shows the full list of the party’s leadership led by Mark.

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BREAKING: Supreme Court Nullifies Status Quo Ante Bellum Order, Restores David Mark-Led ADC Executive

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By Yusuf Danjuma Yunusa

The Supreme Court has set aside the status quo ante bellum order previously granted by the Court of Appeal in Abuja in the ongoing leadership dispute within the African Democratic Congress (ADC).

The ruling effectively restores the executive committee led by Senator David Mark, reversing its delisting by the Independent National Electoral Commission (INEC).

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Delivering a unanimous judgment on Thursday, a five-member panel chaired by Justice Mohammed Lawal Garba held that the Court of Appeal’s order was unwarranted. The apex court also found that the appeal challenging jurisdiction had been improperly filed—it was based on an ex parte order inviting parties to show cause, without first obtaining the requisite leave of the appellate court.

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