NEWS AGENCY OF NIGERIA

Group urges women to report rights violations to ECOWAS Court

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By Mark Longyen

The ECOWAS Court Women’s Forum has called on West African women to always seek redress at the ECOWAS Court of Justice for gender-based violence and discrimination.

The forum’s President, Mrs Frances Ibanga, gave the advice in an interview with the News Agency of Nigeria (NAN) in Abuja.

She spoke on the sidelines of a Street Walk organised by the group to celebrate the 2025 International Women’s Day with the theme “Accelerated Action” on Saturday.

According to Ibanga, the ECOWAS Court primarily serves as a human rights court, and urged women to bring forward cases of gender-based violence and discrimination for adjudication.

“Women have previously taken cases of gender-based violence to this court and achieved justice,” she said.

She cited the case of a female Air Force officer who was abused and raped, saying that the court upheld her rights.

“When she turned to this court, she found confidence and had her dignity restored.

“Today, she is enjoying the justice she fought for,” Ibanga added.

On the significance of the celebration, Ibanga said that it was all about advocacy for women to be given equal rights and opportunities in all ramifications.

According to her, there is need for women to take immediate steps, and be encouraged, to achieve whatever they want.

“We’ve come together for gender equality and, especially for the fact that the campaign theme for this year is “Accelerate Action.”

“Women have actually been talking, we have been making the proposals.

“We have been doing advocacy so that we can be integrated and have a place in society.

“The time for too much talk is gone, now is time for affirmative action,” she stressed.

She explained that the forum had over the years been at the forefront of supporting women and young school girls, by doing a lot for them.

“First and foremost, we create awareness, letting them know about their rights, and at the same time, empower them economically.

“We’ve made efforts to empower women economically; that way a lot of their poverty will be alleviated and women will be financially independent.

“We go to them from time to time to encourage them and to drive the campaign against all the vices, for example, drug abuse and all what not,” Ibanga said.

The Court’s Chief Registrar, Dr Yaouza Ouro-Sama, said women should be encouraged to change their mindset, to overcome inferiority complexes, and believe in their ability to achieve anything men could.

Also, Mrs Ami Savage, Head of the ECOWAS Court’s Administration and Human Resources Division, urged the Federal Government to make university-level education compulsory for every girl-child. (NAN)

Edited by Kevin Okunzuwa

ECOWAS Court rejects NGOs’ rights violation claims over Lagdo Dam

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By Mark Longyen

The ECOWAS Court has dismissed claims brought against Nigeria by two Non-Governmental Organisations (NGOs) over the destruction of property, health and environment by the 2012 and 2022 Lagdo Dam floodings.

The News Agency of Nigeria (NAN) reports that the applicants, Incorporated Trustees of Prince and Princess Charles Offokaja Foundation, Nigeria, and Prince and Princess Charles Offokaja Foundation, Switzerland, filed the suit.

They had in suit: ECW/CCJ/APP25/23, alleged that Nigeria’s failure to construct a dam in Adamawa to mitigate the effects of Lagdo Dam’s overflow from Cameroon violated the fundamental rights of Nigerians.

The applicants had argued that the delayed construction of the dam resulted in flooding, widespread damage, loss of life, displacement, and disruption of economic and educational activities across 14 Nigerian states.

The NGOs further contended that the dam project would have alleviated the flooding by enabling proper management of water, which could have been used for irrigation and electricity generation.

Delivering judgment on Friday, the court, in the judgment read by Justice Sengu Koroma (presiding/judge rapporteur), dismissed the lawsuit in its entirety.

According to the community court, the second applicant, a Swiss-registered NGO, lacked the legal capacity to bring a case before the court.

It said the first applicant, a Nigerian-registered NGO, claimed to represent public interest but failed to meet the required criteria for public interest litigation.

“The Court recalls that the requirement is that the class of victims in a public interest litigation, even when indeterminable, should be capable of being envisaged by the court,”  Koroma said.

The court further held that, “while the applicants referenced a broad class of victims (the Nigerian people), the court is unable to identify or envision the specific victims whose rights were allegedly violated.”

The court also noted that, while it has jurisdiction to hear human rights violation suits, the applicants’ lack of capacity to pursue it in the public interest was fatal to the suit.

NAN reports that Nigeria had denied the claims, asserting that the dam’s feasibility study which it earlier conducted in 1982 was part of a broader initiative to develop the Benue Basin’s water resources.

The Federal Government’s counsel had argued that the Memorandum of Understanding (MoU) between Nigeria and Cameroon was centered on enhancing cooperation in managing shared water resources.

The government also contended that it took measures to mitigate flooding, including building additional dams, and securing a 2024 Senate resolution to facilitate the dredging of Rivers Benue and Niger.

Nigeria also prayed the court to dismiss the case, arguing that the applicants failed to demonstrate the specific victims affected by the flooding or to show any direct violations of rights.

The three-man panel comprised Justice Sengu Koroma (presiding/judge rapporteur), Justice Dupe Atoki (member), and Justice Edward Asante (member)(NAN)(www.nannews.ng)

Edited by Abiemwense Moru

ECOWAS Court orders Nigeria to pay N52m to eviction victims

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By Mark Longyen

The ECOWAS Court has ordered Nigeria to pay two million naira compensation each to 26 people who were forcibly evicted from various communities in Lagos and Rivers between 2004 and 2013.

The News Agency of Nigeria (NAN) reports that the applicants, Mr Edwin Lenyie and 25 others had filed the suit No: ECW/CCJ/APP/34/17), seeking the enforcement of their fundamental human rights.

They also prayed the court to compel the Nigerian government to pay them compensation for forcefully evicting them from their communities without prior notice, compensation, or alternative shelter, rendering them homeless.

Delivering judgment on Thursday, the court held that the Nigerian government failed in its responsibility to ensure access to legal remedies for the victims.

According to the community court, the action of the Nigerian government was in violation of Article 7 of the African Charter Charter on Human and People’s Rights.

It held that the Applicants’ rights under Article 7 of the African Charter on Human and Peoples’ Rights (ACHPR), which guarantees the right to a fair trial and access to justice, were violated.

The court said that the hearings on the matter, which were held by the National Human Rights Commission (NHRC) “were never concluded, and no alternative means of redress were provided for them”.

“Inspite of initial hearings by the National Human Rights Commission (NHRC) in 2014, the proceedings were suspended indefinitely, leaving the Applicants without legal recourse,” the court said.

The court further dismissed Nigeria’s objections that the Applicants should have pursued their claims in Nigerian courts and on jurisdiction, saying it had the locus standi to entertain the case.

It further struck out the NHRC as a respondent in the case, and ordered that the Federal Government must bear full responsibility for the actions of its agencies.

The three-member panel of the court which has Justices Ricardo Gonçalves (presiding); Sengu Koroma (judge rapporteur); and Gberi-Bè Ouattara (member) held that the compensation/reparation would ensure that justice is served to the victims.(NAN)(www.nannews.ng)

Edited by Sadiya Hamza

ECOWAS Court dismisses human rights violation claim against Nigeria

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By Mark Longyen

The ECOWAS Court of Justice has dismissed an alleged human rights violation suit filed by one Patrick Eholor, on behalf of Makia Media Limited, against the Federal Government.

The News Agency of Nigeria (NAN) reports that the applicant had in suit number ECW/CCJ/APP/43/21, alleged that Nigeria’s broadcasting laws violated social media rights, human rights defenders, activists, bloggers, and journalists.

Delivering judgment, Justice Sengu Koroma, Judge Rapporteur, with Justices Ricardo Gonçalves (presiding) and Dupe Atoki (member), dismissed all the applicant’s claims and upheld the preliminary objection raised by Nigeria.

The court held that the applicant lacked the legal capacity to bring the matter before it as ‘actio popularis’ (public interest) suit.

According to the Community Court, the applicant also failed to present evidence mandating him to act in a representational capacity on behalf of Makia Media Limited.

It, therefore, declared the entire suit inadmissible “both as an actio popularis suit and a representational suit”.

“The reliefs sought must be exclusively for the benefit of the public to the exclusion of the personal interest of the Applicant,” Justice Koroma held.

The court noted that it only had jurisdiction to entertain the case because it bordered on alleged human rights violations but pointed out that the case was inadmissible.

The court further held that although the applicant had jurisdiction to bring a claim for human rights violation as a corporate body, the suit neither met the requirement of ‘actio popularis’ principle.

According to the Community Court, the action was not for the benefit of the public, and the applicant did not demonstrate that the victims cannot be envisioned by the Court.

Eholor had in his submission argued that various Nigerian Broadcasting Code provisions were inconsistent with the African Charter on Human and Peoples’ Rights, and International Treaties and Conventions to which Nigeria is a signatory.

The applicant had further claimed that in July 2020, the Respondent through the Nigeria Broadcasting Commission (NBC) began implementation of repressive Sections of the Code, particularly Sections 5, 4 (1), (f) and 5 (4), (3).

He argued that NBC considered all coverage on security issues as a threat to governance and engaged in arbitrary arrest and detention of media practitioners.

He further claimed that the Respondent also failed to release public information sought by practitioners, which violated their rights to freedom of expression and information.

Responding, Nigeria had denied the claims of the applicant, arguing that no court had declared any section of the NBC Code as ambiguous or illegal and the applicant had not been prevented from exercising its rights within the limits of the law.

It added that the applicant was not at any time arrested or detained, and as a corporate body, lacked the capacity to sue for the violation of human rights.

The court, however, ordered Nigeria to pay an interlocutory cost of 250,000 Naira to the applicant due to the respondent’s “tardiness” in the course of the matter.(NAN)(www.nannews.ng)

Edited by Sadiya Hamza

Land commissioner defends state in court

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By Rita Iliya

The Niger Commissioner for Land and Survey, Mr Maurice Magaji, on Wednesday appeared in Minna High Court 2 to defend the state government in a land case.

 

He disclosed this in an interview with newsmen shortly after his appearance in the court.

 

The News Agency of Nigeria (NAN) reports that the case involved the state government’s interest in acquiring land around Gurara community.

 

The News Agency of Nigeria (NAN) reports that the land is situated at the Gurara waterfall, which is to be developed into a world-class resort.

 

“There are many cases on our table, and my active participation will help expedite the resolution process.

 

“As a lawyer, I will continue to appear in court when necessary, defending the government and ensuring that we meet the expectations of our people.”

 

The case was filed by eight plaintiffs from Gurara community in Nov. 2024 against the state governor and commissioner as the first and second defendants.

 

Magaji added that his presence in court was necessitated by the paucity of lawyers handling cases for the ministry and also to encourage the counsels to put in their best.

 

“Today, I appeared in court to advocate for the state on this matter of land acquisition.

 

“My appearance is not just because of the limited number of lawyers we have but also to boost the morale of our legal team and ensure that cases are handled with the utmost commitment,” he said.

 

The commissioner emphasised that his decision to personally appear in court was aimed at strengthening the ministry’s defense in critical land matters.

 

Magaji further stated that this proactive step would occasionally involve him directly participating in court proceedings as it involves the ministry.

 

He noted that his role as commissioner goes beyond administrative duties such as treating files, adding that he intended to actively defend the state’s interests in court.

 

Magaji further noted that the ministry was grappling with numerous unresolved legal cases, some of which have dragged on for years.

 

According to him, this is about being proactive and ensuring that we do not allow cases to linger indefinitely.”(NAN)

Edited by Ismail Abdulaziz

Alleged terrorism financing: Court gives EFCC go-ahead to freeze 24 bank accounts

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By Taiye Agbaje

A Federal High Court in Abuja has okayed the Economic and Financial Crimes Commission (EFCC)’s application to freeze 24 bank accounts domiciled in different banks over allegations bordering on terrorism financing.

 

Justice Emeka Nwite, who granted the application after the EFCC’s lawyer, Martha Babatunde, moved an ex-parte motion to the effect, said the commission should freeze the accounts for 90 days pending the conclusion of investigation.

 

The News Agency of Nigeria (NAN) reports that the motion ex-parte, marked: FHC/ABJ/CS/1897/V/2024, was filed by Ekele Iheanacho, SAN.

 

Iheanacho sought an order freezing the bank accounts stated in the schedule which accounts are owned by Lawrence Eromosele who is currently being investigated in a case involving kidnapping pending the conclusion of the investigation.

 

He said the bank accounts in respect of which the reliefs were sought are subject matters of investigation by the EFCC in relation to money laundering and terrorism financing.

 

The senior lawyer said the preliminary investigation conducted revealed that the bank accounts are linked to persons who take advantage of the virtual crypto currency exchange platforms to manipulate the value of Naira and laundering proceeds of unlawful activities.

 

He said there was need to preserve the funds in the identified bank accounts pending the conclusion of investigation and possible prosecution.

 

In the affidavit deposed to by Mohammed Khalil, an investigator attached to the Special Investigation Team of the EFCC domiciled in the Office of the National Security Adviser (ONSA), he said he was a member of the team assigned to investigate the matter.

 

He said the National Security Adviser (NSA), Nuhu Ribadu, directed the team to investigate a serious threat by a syndicate threatening the lives of senior operatives of the ONSA by making demands for payments of ransom.

 

He said on receipt of the directive, the team began investigation by conducting surveillance of the activities on these syndicates, requesting bank instruments.

 

Khalil said investigation revealed Eromosele as one of the perpetrators of the crime.

 

According to him, the operatives received a direct threat involving their families, with the perpetrators providing the homes addresses, family locations and specific movements with a threat to kidnap following failure to remit redemption payments.

 

He alleged that “one unknown individual contacted an operative, demanding some monies in exchange for their freedom and that of their families.”

 

“Attached and marked as Exhibit EFCC 1 is the printout of the chat between one of the perpetrators and the operative.”

 

The officer said in a bid to mitigate some of the threats, the team had identified bank accounts linked to the individuals making the threats.

 

“Attached and marked as Exhibit EFCC 2 are the bank statements of one of the suspects.

 

“Further intelligence has revealed that proceeds of crimes and funds for terrorist activities are covertly exchanged through these platforms,” he said.

 

Khalil said the order of the court was necessary to freeze the said accounts clearly described in schedule 1 to the motion paper for which investigation is ongoing.

 

Upon resumed hearing, Babatunde, who appeared for EFCC, informed the court that the motion was dated and filed on Dec. 17.

 

She said that the motion prayed for an order freezing the bank accounts in the schedule attached to the application.

 

The lawyer urged the court to grant the relief.

 

When Justice Nwite asked her for how long the investigation would be conducted, Babatunde said within 90 days.

 

The judge, who granted the prayer, adjourned the matter until March 24, 2025 for mention.(NAN)(www.nannews.ng)

edited by Sadiya Hamza

Electronic recording of confessions mandatory, says ex-judge

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By Ebere Agozie

A former judge of the Kogi High Court, Justice Alaba Omolaye-Ajileye, has said that electronic recording of confessional statement of suspect during criminal investigation in an audio-visual format is a mandatory obligation.

 

Omolaye-Ajileye made this known during the 2024 edition of the 6th Annual Criminal Law Review Conference (ACLRC) organised by the Rule of Law Development Foundation (RLDF) on Wednesday in Abuja.

 

He noted that such recordings would reduce the number of trial-within-trial and also reduce the duration of cases in courts.

 

“Confessional statements are crucial components of criminal trials. The confessional statement of a defendant if voluntarily made and is of great evidential value in the dispensation of criminal justice.

 

“It is regarded as the best evidence in a criminal trial which can ease the stress of trials within trial. If you have  recorded evidence and a legal practitioner is there present, then that statements should be legally admitted.”

 

He added that there is no need for studio establishment as most people have smart phones and can take evidenced record of the confessional statements.

 

Also speaking, DCP Simon Lough, SAN, Head of Nigeria Police Force Legal chamber, said Section 15 and 17 of the administration of criminal justice act ensures that evidence of confessional statements recorded are admitted without the need for trial within trial.

 

“Therefore, to reduce the long-term stress of trial within trials confessional evidence statement will make things easier.

 

“It is highly commendable and supported for every state to adopt it so as to ensure that justice is served.”

 

He urged the senior judicial officers to ensure that the provision of section 15 and section 17 are complied with.

 

The News Agency of Nigeria (NAN) reports that in most court cases, once an accused raises an objection that a statement is taken forcefully, a trial within trial must be conducted.

 

NAN reports that the Supreme Court in a landmark ruling on Sept. 24,  established that law enforcement agencies must electronically record a suspect’s confessional statement in an audio-visual format during criminal investigations.

 

The case of Federal Republic of Nigeria (F.R.N.) v. Akaeze [2024] 12 NWLR (Pt. 1951) 1 has underscored the mandatory nature of this requirement, in accordance with sections 15(4) and 17(1) & (2) of the Administration of Criminal Justice Act 2015 (ACJA).

 

This decision leaves no room for discretion—failure to comply renders the confessional statement inadmissible in court.(NAN) (www.nannews.ng)

edited by Sadiya Hamza

Court refuses husband’s divorce request

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By Mujidat Oyewole

An Area Court at Centre-Igboro in Ilorin has given both parties in a divorce suit one week to try and achieve a settlement.

The husband, Oloruntoyin Yahaya, had asked to divorce Alimat Yahaya over what he alleged to be her involvement in the usage of charms that could lead to his death.

Yahaya told the court that his wife was fond of visiting different places to get “wicked traditional medicine” that could control and harm him, saying he wanted a divorce.

“I don’t have interest in her anymore, because I don’t trust her again,” he added.

The wife denied the allegation of visiting people to secure charm, saying she did not know anywhere of such and had never taken charm to her matrimonial home.

Alimat, however, told the court that she was still interested in the marriage and had tried to plead with Yahaya and even sent her family members to plead on her behalf.

The presiding judge, Hammad Ajumonbi, while ruling said a man has the right to divorce at any time, and without explanation.

He, however, pointed out that the court also has the right to deem it fit to give room for resolution.

“If the wife is really interested in the marriage, she needs to be of good conduct, be loyal to her husband and know how to persuade him,” the judge said.

The court, after giving the wife one week to make amendment, adjourned the case until Oct. 23 for a report of the expected settlement.(NAN)(www.nannews.ng)

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(Edited by Benson Iziama and Olawale Alabi)

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