ECOWAS Court To Deliver Judgment On 9 Cases Against Nigeria, others / Icc In Haque
In NATIONAL
April 18, 2016
The ECOWAS Community Court of Justice is set to deliver judgments in nine of the pending cases before it in the external session of the court in Abidjan.
A statement by the court made available to the News Agency of Nigeria (NAN) in Abuja on Monday, said that the session would begin on April 18.
According to statement, 41 cases of alleged human rights violations against member states would be handled by the court during the week-long session in Abidjan.
The cases before the court were filed against the governments of Cote d’ivoire, Niger, Nigeria, Togo and the ECOWAS Commission for alleged human rights violations
The court is also expected to deliver rulings in three other cases of human rights violations against Liberia and Nigeria and hear 29 other cases including one from a former Foreign Minister of Burkina Faso, Mr Djibril Yipene Bassole.
The cases of alleged human rights violations were brought against Benin, Burkina Faso, Cote d’ivoire, The Gambia, Ghana, Guinea, Liberia, Mali, Niger, Nigeria, Sierra Leone, Togo and ECOWAS Commission.
The external session of the court is one of its annual activities through which it seeks to improve citizen access and create awareness about the court.
KICK-OFF!! ICC To Commence Investigation On Nigerian Army For Human Rights Crimes.
The
International Criminal Court has launched an investigation into alleged human
rights abuses committed by Nigeria
– Nigerian
army soldiers have been accused of committing atrocities while fighting against
Boko Haram
– The
federal government has said it was ready to fully cooperate while retaining its
sovereign right to punish law breakers The International Criminal Court (ICC)
has started the process of investigating alleged human rights abuses committed
by the Nigerian military.
The
Netherlands-based court will also investigate abuses by Boko Haram, the terror
group whose activities have caused the death of at least 20,000 people in
Nigeria since 2009.
The Nigerian
military has been accused of illegal killings and incarceration by local and
international groups including Amnesty International and Human Rights Watch.
However, on Wednesday, the Nigerian government expressed its commitment to
upholding the highest standards of human rights in the conduct of all its affairs,
including counter insurgency operations in the country.
The Minister
of Justice, Abubakar Malami, made the pledge when he received a delegation from
the office of Madame Fatou Bensouda, the ICC Prosecutor. In a statement issued
by his Special Adviser on Media and Publicity, Salihu Isah, the minister
assured the delegation that Nigeria had high value for its relationship with
the ICC.
Mr Malami
said that the Nigerian army has conducted its operations in the North East
region of the country in a highly professional manner, imbibing the best
practices regarding international human rights. He also said that he was aware
of the eight case files opened against Nigeria by the ICC which the prosecutor
intended to investigate in her next stage of assessment of Nigeria.
According to
him, six of the alleged cases were committed by Boko Haram while the remaining
two were carried out by the Nigerian Armed Forces. The minister insisted that
Nigeria had the prerogative rights in handling the alleged crimes referred to
in the prosecutor’s 2015 report of activities in the country.
“Let me
reiterate that Nigeria retains the sovereign capacity to investigate and punish
the alleged crimes referred to in the report and will therefore continue
present efforts in the above direction,” Mr Malami insisted. He further added
that the government was committed to ensuring that troops were guided by the
rules of engagement, promising that any infractions would be severely dealt
with.
He solicited
the support and understanding of ICC and the international community especially
in regards to the conduct of the affairs of the Nigerian Armed Forces.
Responding, the leader of delegation Phakiso Choko said that the prosecutor did
not intend to compromise the sovereign rights of Nigeria in investigating
crimes and meting out punishment.
He said that
most cases referred to the ICC were the ones host nations were unable to
resolve through internal mechanism. The prosecutor, through the delegation,
expressed her support and willingness to work with Nigeria in addressing all
identified crimes and criminality against humanity.
The news
comes amid growing calls for the Nigerian military and security forces to be
investigated for carrying out atrocities against pro- Biafra agitators and
Shiites. Army Chief of Staff Lt. Gen. Tukur Buratai has come under renewed
pressure to resign and apologise for the army’s actions in Zaria last December
when hundreds of Shiite Muslims were killed by his soldiers.
BRIEF
FACTS ON KEN SARO
WIWA'S MURDER
Brief facts on
Ken Saro-Wiwa’s
murder, Ogoniland Ken Saro-Wiwa and his colleagues were killed in 1995 by the Abacha
government. Ken Saro-Wiwa, an Ogoni leader, writer, and activist, was born on October 10, 1941. The Abacha junta accused Ken Saro- Wiwa and eight others of killing four Ogoni chiefs
who were on the opposing side of the Movement for the Survival of Ogoni People, MOSOP.
Mr. Saro-Wiwa
and his colleagues were subsequently arrested, accused of the killings and tried by a special
military tribunal. Though
they denied the charges against them, they were imprisoned for over a year before
being found guilty and
sentenced to death by hanging. They were hanged on November 10, 1995 by the Abacha regime for what many believe was largely because ofMr.
Saro-Wiwa’s strong stance in pursuit
of the rights of the Ogonipeople. Their
execution led to Nigeria’s suspension from the Commonwealth of Nations, which lasted for over three years.
The Royal Dutch
Shell and Brain Anderson, Head of its Nigeria Operations, were believed to have connived with the military government on Mr. Saro-Wiwa’s trial and
execution. The company denied the allegations, despite testimonies stating otherwise, and it agreed a $15.5 million out-of- court settlement in favour of the families of the victims in 2009, saying however that the payment was not a concession of guilt, but a gesture for peace.
The cases were
brought under the Alien Tort Statute , a 1789 statute giving non- U.S. citizens the right to file suits
in U.S. courts for
international human rights violations; and the Torture Victim Protection Act, which allows
individuals to seek damages in the U.S. for torture or extrajudicial killing, regardless
of where the
violations take place. A United Nations report titled “UNEP Environmental Assessment of Ogoniland” and submitted to the Federal Government in August last year showed how 50 years of crude oil operations in Ogoniland had caused severe environmental pollution to the Rivers State community.
Part of the
observations of the UNEP scientific assessment was the presence of benzene in wells in Nisisioken
Ogale area of Ogoni at
a level over 900 percent higher than the accepted World Health Organisation guidelines. The report also made recommendations for the immediate clean-up of the community with a takeoff fund termed “Environmental Restoration Fund for Ogoniland,’ with an initial sum of $1billion to be contributed by Shell Petroleum Development Company, the Nigerian Government, and other oil companies operating in Ogoniland.
ICC Warrant of Arrest: My
Fears
For Buhari (MUST
READ)
By Dr. Ade K. J.
It is no longer
news that ICC visited Nigeria
some days ago on a fact finding mission.
It is also no longer news that IPOB
It is also no longer news that IPOB
petitioned ICC before they came for a fact
finding mission. But what might be news is that
PMB might have stepped on big powerful international toes who will come for
their pound of flesh sooner or later.
1. Among the list is the nation of Israel through his open support for the Palestine nation the PMB might have provoked the semites to a contest of wit and influence, Israel has never lost any war since 1945 a support for the Palestinian Republic is not backed by the major powers of the world .
2. The slaughter of the Shia is also another critical misfire which is waiting to back fire as the iranian nation has vowed to reciprocate and get back to the puppet regime of pmb ,how they will do that remains to be seen.
3. The recent affront to the US financial authority on the world finances through the use of the Chinese Reminbe for financial transactions, this is not just a declaration of economic war on the US but on the western world. The western world will not waste time to defend their economic war front through every and any means possible.
4. The recent affront, marginalisation and attack on igbo interest directly or directly, as weak and as susceptible that the igbos might look igbos are actually the most powerful and influential black tribe in Africa and no government that toyed with their interest lived to tell the story.
5. The unwarranted shooting of unarmed ipob protesters and the incoherent and careless defence of that action and the incarceration of Nnamdi kanu outside the rule of the law. This by far appears to be the achilles heels of pmb and the ground which he might be nailed for crime against humanity.
1. Among the list is the nation of Israel through his open support for the Palestine nation the PMB might have provoked the semites to a contest of wit and influence, Israel has never lost any war since 1945 a support for the Palestinian Republic is not backed by the major powers of the world .
2. The slaughter of the Shia is also another critical misfire which is waiting to back fire as the iranian nation has vowed to reciprocate and get back to the puppet regime of pmb ,how they will do that remains to be seen.
3. The recent affront to the US financial authority on the world finances through the use of the Chinese Reminbe for financial transactions, this is not just a declaration of economic war on the US but on the western world. The western world will not waste time to defend their economic war front through every and any means possible.
4. The recent affront, marginalisation and attack on igbo interest directly or directly, as weak and as susceptible that the igbos might look igbos are actually the most powerful and influential black tribe in Africa and no government that toyed with their interest lived to tell the story.
5. The unwarranted shooting of unarmed ipob protesters and the incoherent and careless defence of that action and the incarceration of Nnamdi kanu outside the rule of the law. This by far appears to be the achilles heels of pmb and the ground which he might be nailed for crime against humanity.
Don’t be surprised at how some of his followers from
a certain part of the country will abandon him overnight in place of Prof. Yemi
Osinbajo who might likely replace him.
Below is a summary of the case against Gaddafi that warranted the arrest warrant on his person and led to the Nato invasion.
Muammar Gaddafi was indicted on 27 June 2011 on two
counts of crimes against humanity with regard to the situation in Libya. As
the Leader of the Revolution (the de
facto head of state) and Commander of the Armed Forces of Libya he
allegedly planned, in conjunction with his inner circle of advisers, a policy
of violent oppression of popular uprisings in the early weeks of
the Libyan civil war.[52] He allegedly formulated a plan in response
to the 2011 Tunisian and Egyptian revolutions whereby
Libyan state security forces under his authority were ordered to use all means
necessarily to quell public protests against his government.[52] From 15
February 2011 until at least 28 February 2011, forces from government-organized
militias, the national police, the Libyan Armed Forces,
the Revolutionary Guard Corps, and other security services, acting under
Gaddafi’s orders, allegedly murdered hundreds of civilians and committed
“inhuman acts that severely deprived the civilian population of its fundamental
rights” in the cities
of Ajdabiya, Bayda, Benghazi, Derna, Misrata, Tobruk,
and Tripoli.[52] Gaddafi was killedin the Libyan city
of Sirte on 20 October 2011 and the Court terminated proceedings
against him on 22 November 2011.[51]
Second is the case against Laurent Gbagbo.
Laurent Gbagbo was indicted
on 23 November 2011 on four counts of crimes against humanity with regard to
the situation in the Republic of Côte d’Ivoire. As the President of
Côte d’Ivoire, Gbagbo is alleged to have organized, along with members of his
inner circle, systematic attacks against civilians during post-election
violence that began on 28 November 2010.[58]National security forces,
the National Armed Forces, militias, and mercenaries under the command of
Gbagbo are alleged to have murdered, raped, persecuted, and inhumanly treated
civilians who were perceived to be supporters of Alassane Ouattara,
Gbagbo’s opponent in the 2010 presidential election.[58] According to
the arrest warrant for Gbagbo, the crimes occurred in and around Abidjan,
including in the vicinity of the Golf Hotel, and in the western part of the
country from 16 December 2010 to 12 April 2011.[58] Gbagbo was detained by
forces loyal to Ouattara in the presidential residence on 11 April
2011.[90] On 29 November 2011, Gbagbo was transferred to the Court. On 5
December 2011 he made his first appearance before the Court and the
confirmation of charges hearing took place from 19 to 28 February 2013 before
the pre-trial chamber and on 12 June 2014 it confirmed all the charges against
him.[91] On 11 March 2015, the Trial Chamber j
The above cases shows how
ineffective national militaries have been in even resisting the arrest of their
presidents when indicted by the ICC, secondly in the 2 cases bother leaders
where found to have infracted and infringed on the rights
of a section of their citizenry even though they used the police and army or
other secret agents
National security forces,
the National Armed Forces, militias, and mercenaries under the command of
Gbagbo are alleged to have murdered, raped, persecuted, and inhumanly treated
civilians who were perceived to be supporters of Alassane Ouattara,
Gbagbo’s opponent in the 2010 presidential election.[58] According to
the arrest warrant for Gbagbo, the crimes occurred in and around Abidjan,
including in the vicinity of the Golf Hotel, and in the western part of the
country from 16 December 2010 to 12 April 2011
Gbagbo’s case is even peculiar to the case of pmb
except that most of his victims did not belong to any political body which
makes the case more compelling.
secondly both countries share a lot of similarities
with north south divide, religious divide and location in the same west African
zone.
In no distant time the case
would commence and the out come which is predictable based on past antecedents,
would be enforced by a combination of foreign, local and international forces
and supervised by ICC authorities to serve as a deterrent to future abuse of
the rights of people.
This is a work of fiction.
Names, characters, businesses, places, events and incidents are either the
products of the author’s imagination or used in a fictitious manner. Any
resemblance to actual persons, living or dead, or actual events is purely
coincidental.
(novels, short stories)
By the way PMB as used here
stands for primary Mortgage bank ,PYO as used here stands for Primary youth
organisation
The author of this pure work of fiction is neither a politician, political enthusiast ,a wailer, zombie or liar but a good student of international history and his works are purely fictional and for fictional purposes .
The author of this pure work of fiction is neither a politician, political enthusiast ,a wailer, zombie or liar but a good student of international history and his works are purely fictional and for fictional purposes .
Dr. Ade
writes from Lagos
Friday, 6 May 2016
Friday, 6 May 2016
Friday, 6 May 2016
FG to ECOWAS court: Hands-off Kanu’s case
The Federal Government has bluntly told
the ECOWAS community court sitting in Abuja not to hear a matter brought before
it by the embattled leader of the Indigenous People of Biafra (IPOB), Mr.
Nnamdi Kanu, over his continued incarceration and trial.
The government, in its written preliminary objection filed by the Federal
Ministry of Justice, to Kanu’s suit, No. ECW/CCJ/APP/06/16, submitted that the
sub-regional court lacked, “the requisite jurisdiction” to hear and determine
the matter before it.
Consequently, it has urged the court to dismiss and/or strike out the action
for want of jurisdiction, “stemming from incompetency in initiating the
application against the defendants.”
The government noted that instead of waiting for conclusion of his application
before the Nigerian Domestic Court of Appeal on his bail, the plaintiff
proceeded to the ECOWAS court, a move it stated, amounted to, “an abuse of
court process or subjecting the Nigerian law to ridicule.”
It submitted that Kanu, was being tried under existing Nigerian domestic laws
and as such cannot properly file the suit before the sub-regional court.
Also, the government stated: “The corporate existence of Nigeria as a united,
harmonious, indivisible and indissoluble sovereign nation is certainly greater
than any citizen’s liberty or right,” adding that once the security of the
nation is in jeopardy, “and it survives in pieces rather than in peace”,
individual’s liberty or rights may not even exist.”
On the issue of jurisdiction, it averred: “It is trite law that a court cannot
assume jurisdiction over ancillary claims when it has no jurisdiction to
entertain the main claim, since an ancillary claim can only be properly
determined by that court. Thus, it is improper to approach a court which is
incompetent to determine only some of the issues in a case if there is a court
with jurisdiction to determine all the issues.”
Faulting the inclusion of the Attorney General of the Federation and the
Director General of State Security Service as defendants in the suit, the
government stated that in the context and framework of ECOWAS, only member
states and community institutions can be sued before the sub-regional court for
alleged human rights violation.
It submitted that the court has no jurisdiction over the two defendants because
they, “are neither member -states or community institutions of ECOWAS and
therefore, not amenable to the jurisdiction of the community court of justice”.
The government therefore, urged the court to strike out their names as parties
in the matter, stressing that there is neither factual nor documentary evidence
to any claim against them.
From Henry Chukwurah
The government, in its written preliminary objection filed by the Federal Ministry of Justice, to Kanu’s suit, No. ECW/CCJ/APP/06/16, submitted that the sub-regional court lacked, “the requisite jurisdiction” to hear and determine the matter before it.
Consequently, it has urged the court to dismiss and/or strike out the action for want of jurisdiction, “stemming from incompetency in initiating the application against the defendants.”
The government noted that instead of waiting for conclusion of his application before the Nigerian Domestic Court of Appeal on his bail, the plaintiff proceeded to the ECOWAS court, a move it stated, amounted to, “an abuse of court process or subjecting the Nigerian law to ridicule.”
It submitted that Kanu, was being tried under existing Nigerian domestic laws and as such cannot properly file the suit before the sub-regional court.
Also, the government stated: “The corporate existence of Nigeria as a united, harmonious, indivisible and indissoluble sovereign nation is certainly greater than any citizen’s liberty or right,” adding that once the security of the nation is in jeopardy, “and it survives in pieces rather than in peace”, individual’s liberty or rights may not even exist.”
On the issue of jurisdiction, it averred: “It is trite law that a court cannot assume jurisdiction over ancillary claims when it has no jurisdiction to entertain the main claim, since an ancillary claim can only be properly determined by that court. Thus, it is improper to approach a court which is incompetent to determine only some of the issues in a case if there is a court with jurisdiction to determine all the issues.”
Faulting the inclusion of the Attorney General of the Federation and the Director General of State Security Service as defendants in the suit, the government stated that in the context and framework of ECOWAS, only member states and community institutions can be sued before the sub-regional court for alleged human rights violation.
It submitted that the court has no jurisdiction over the two defendants because they, “are neither member -states or community institutions of ECOWAS and therefore, not amenable to the jurisdiction of the community court of justice”.
The government therefore, urged the court to strike out their names as parties in the matter, stressing that there is neither factual nor documentary evidence to any claim against them.
From Henry Chukwurah
Friday, 6 May 2016
Nigerian Government begs ECOWAS Court to abandon
Nnamdi Kanu's case
Nigerian Government begs ECOWAS Court to abandon Nnamdi Kanu's case
The Nigerian Government has begged the ECOWAS community court sitting in Abuja not to hear a matter brought before it by the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, over his continued incarceration and trial.
In its written preliminary objection to Kanu’s suit, No. ECW/CCJ/APP/06/16, filed by the Federal Ministry of Justice, the Nigerian Government submitted that the sub-regional court lacked, “the requisite jurisdiction” to hear and determine the matter before it.
Consequently, it has urged the court to dismiss and/or strike out the action for want of jurisdiction, “stemming from incompetency in initiating the application against the defendants.”
According to the Sun, the government noted that instead of waiting for conclusion of his application before the Nigerian Domestic Court of Appeal on his bail, the plaintiff proceeded to the ECOWAS court, a move it stated, amounted to, “an abuse of court process or subjecting the Nigerian law to ridicule.”
It submitted that Kanu, was being tried under existing Nigerian domestic laws and as such cannot properly file the suit before the sub-regional court.
Also, the government stated: “The corporate existence of Nigeria as a united, harmonious, indivisible and indissoluble sovereign nation is certainly greater than any citizen’s liberty or right,” adding that once the security of the nation is in jeopardy, “and it survives in pieces rather than in peace”, individual’s liberty or rights may not even exist.”
On the issue of jurisdiction, it averred: “It is trite law that a court cannot assume jurisdiction over ancillary claims when it has no jurisdiction to entertain the main claim, since an ancillary claim can only be properly determined by that court. Thus, it is improper to approach a court which is incompetent to determine only some of the issues in a case if there is a court with jurisdiction to determine all the issues.”
Faulting the inclusion of the Attorney General of the Federation and the Director General of State Security Service as defendants in the suit, the government stated that in the context and framework of ECOWAS, only member states and community institutions can be sued before the sub-regional court for alleged human rights violation.
It submitted that the court has no jurisdiction over the two defendants because they, “are neither member -states or community institutions of ECOWAS and therefore, not amenable to the jurisdiction of the community court of justice”.
The government therefore, urged the court to strike out their names as parties in the matter, stressing that there is neither factual nor documentary evidence to any claim against them.
Kanu through his lawyer had sued the Nigerian government for having breached many of her obligations under the treaty of the ECOWAS, which she signed to, with illegal arrest and detention of Kanu.
ECOWAS Court Finds Nigerian Government Guilty of Extra-judicial
Killings of Squatters at Apo Legislative Quarters
June 8, 2016
By Tobi Soniyi in Abuja
The ECOWAS Community Court of Justice
has found the Nigerian government guilty of extra-judicial killings of 8
persons in the deadly 20th of September, 2013 raid of an uncompleted
building at Apo residential area by officers and men of the Nigerian Army and
Department of Security Services (DSS).
Twelve other persons also suffered
various degrees of gunshot injuries during the attack.
The court therefore ordered the payment
of$200,000.00 to the families of each of the persons killed in the raid and
$150,000.00 to the 12 others who were injured from the attacks.
The court described the actions by the
security operatives as unlawful, illegal and unjustified.
ECOWAS court rejected the argument
of the Federal Government that the incident occurred in the course of
maintaining the rule of law.
It held that though the Nigerian
government had a duty to maintain law and order in the society, it had a
corresponding duty to protect innocent citizens caught in the cross fire
as well as providing remedy for victims who suffer loss of body, limbs and
property in the cross fire under International Humanitarian Law.
Biafra: Ecowas
Court Wants Buhari To Justify
Nnamdi Kanu's Continued
Detention Tomorrow
05:21:00 -
Tuesday, 4th October, 2016
Barely two weeks after appearing before the Court 3 Division of the
Federal High Court sitting in Abuja, which culminated in the disgraceful
withdrawal of the presiding Justice John Tsoho over the defendants’ loss of
confidence, the leader of the Indigenous People of Biafra(IPOB), is set to slug
it out again with the Federal government of Nigeria, this time at the ECOWAS
Community Court of Justice in Abuja this Wednesday.
As a result of gross abuse and violation of the fundamental human rights
of the IPOB leader, Mazi Nnamdi Kanu(POC), coupled with the defiance and
neglect to the rulings of Nigerian domestic courts, his defense lawyers had
since May, dragged the Federal government of Nigeria to the ECOWAS Community
Court in Abuja to enforce his basic human rights and secure his release from
illegal detention since his arrest October last year.
Instances was witnessed whereby the Chief Executive of Nigeria,
President Muhammadu Buhari has caged the judiciary, meddled in its supposed
independence affairs, defied the rule of law and murdered justice in Nigeria.
These irresponsibilities are heightened when an observable pattern has been
overlooked or ignored, such as is the case in this suit.
The trial of the Plaintiff (Nnamdi Kanu) in the domestic courts has been
carried out in such a despicable manner devoid of professionalism and respect
to the tenets of democracy and the rule of law, hence cannot be treated with
kid gloves.
A situation where two judges of distinct courts of jurisdiction has
granted someone bail on two different occasions while others washed their hands
off the case, does not need a soothsayer to tell one that the accused is going
through a political vendetta intertwined with gross injustice.
It was against this backdrop that Nnamdi Kanu sought for a transparent
trial and equitable justice into his continued persecution. Human life has a
special value and dignity which requires legal protection.
By interpreting the African Charter on Human and Peoples’ Rights so as
to impose on the Nigerian state obligations to respect the fundamental human
rights of citizens and uphold the rule of law, the ECOWAS Court of Justice will
be demanding from the Nigerian government a commitment to securing these rights
and to the reform of the very structure and modus operandi of its domestic
legal institutions.
In so doing, the ECOWAS will help to address and checkmate the abuse of
power, human rights violation and executive recklessness of which its spate has
increased since the coming into power of President Buhari.
A fundamental notion of the contemporary human rights law is that
victims of violations enjoy an independent right to effective remedies. This
idea in itself is founded on another longstanding legal principle “ubi ius ibi
remedium,” meaning that there is no right without a remedy.
Hence it is assumed that the failure of the Nigerian government to
provide for an effective remedy and reparation for its victims, since they have
not been produce a convincing evidence to the offense alleged to have been
committed, is unlawful as it amounts to breaches of obligations to respect,
protect, promote and fulfill the human rights guaranteed under the African
Charter on Human and Peoples’ Rights to which Nigeria is a state party.
The fear of ECOWAS Court has really improved on the human rights
environment and has brought about a new legal regime across the sub-region.
Defying Buhari's order, the court would want the Nigerian government under
Buhari to appear tomorrow before the court and justify Kanu's continued
detention, despite series of order by the domestic courts to release him
unconditionally.
Since the President of the Community Court, Honourable Justice Maria de
Ceu Silva Monteiro who declared the 2015/2016 legal year open assured ECOWAS
governments and citizens that the court will in no way shirk its
responsibilities to the people of the sub-region in its efforts to ensure an
ECOWAS of the people and not an ECOWAS of only states, it is therefore expected
that the court will dispense justice in an equitable and upright manner devoid
of bias or favoritism.
As we wait in anticipation of tomorrow's court session, Biafra writers
shall be reporting live from the venue of proceedings.
By Chukwuemeka Chimerue
Published By Nwosu C.S
For Biafra Writers
ECOWAS Court to commence hearing on Mazi Nnamdi
Kanu's suit.
The hearing into the fundamental rights
suit of the leader of Indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu, will
be coming up on Wednesday, 25th day of April 2018 at the Economic Community of
West African State in Bamako Mali .
The IPOB leader had filed the suit on
March 3, 2016 demanding $800 million as compensation from the Federal
Government for his unlawful arrest in 2015 and continued detention.
On Tuesday, the 12th day of February
2018, the court presided over by Justice Hemeye Mahdmadane made further
adjournment after entertaining a fresh application by the prosecution.
Meanwhile, the court will once again proceed to hear this long awaited suit on
25th April 2018.
It is disheartening to trail on the
path of reality; bearing this sad memory that the person in charge of this suit
is no more. Meanwhile, this suit was filed in March 2016 and is yet to reach
its hearing stage at the court since it was first brought before it following
the inexcusable act of adjournment by the court.
We are watching with keen interest to
know the reaction of the ECOWAS court about the unjustified murder of Mazi
Nnamdi Kanu by the Nigerian government using the military arm as a tool. We are
also eager to hear the judgement from the ECOWAS court over the consistent
bruising of Kanu's right, even before he passed away.
Will the ECOWAS go ahead to make
further adjournment? We are patiently waiting to know the verdict that will be
passed on the Nigerian government. Justice Hemeye Mahdmadane must do the right
and stop making mockery of justice and the judicial system of Africa .
We therefore urge Biafrans all over the
world to remain resolute and stay tuned with Umuchiukwu Writers as we keep you
abreast on the proceedings of the aforesaid court case.
Written By Ugochinyere Onyechere for
Umuchiukwu writers.
Nigerian Government begs ECOWAS Court to abandon Nnamdi Kanu's case
|
June 8, 2016
By Tobi Soniyi in Abuja
The ECOWAS Community Court of Justice
has found the Nigerian government guilty of extra-judicial killings of 8
persons in the deadly 20th of September, 2013 raid of an uncompleted
building at Apo residential area by officers and men of the Nigerian Army and
Department of Security Services (DSS).
Twelve other persons also suffered
various degrees of gunshot injuries during the attack.
The court therefore ordered the payment
of$200,000.00 to the families of each of the persons killed in the raid and
$150,000.00 to the 12 others who were injured from the attacks.
The court described the actions by the
security operatives as unlawful, illegal and unjustified.
ECOWAS court rejected the argument
of the Federal Government that the incident occurred in the course of
maintaining the rule of law.
It held that though the Nigerian
government had a duty to maintain law and order in the society, it had a
corresponding duty to protect innocent citizens caught in the cross fire
as well as providing remedy for victims who suffer loss of body, limbs and
property in the cross fire under International Humanitarian Law.
Biafra: Ecowas
Court Wants Buhari To Justify
Nnamdi Kanu's Continued
Detention Tomorrow
05:21:00 -
Tuesday, 4th October, 2016
Barely two weeks after appearing before the Court 3 Division of the
Federal High Court sitting in Abuja, which culminated in the disgraceful
withdrawal of the presiding Justice John Tsoho over the defendants’ loss of
confidence, the leader of the Indigenous People of Biafra(IPOB), is set to slug
it out again with the Federal government of Nigeria, this time at the ECOWAS
Community Court of Justice in Abuja this Wednesday.
As a result of gross abuse and violation of the fundamental human rights
of the IPOB leader, Mazi Nnamdi Kanu(POC), coupled with the defiance and
neglect to the rulings of Nigerian domestic courts, his defense lawyers had
since May, dragged the Federal government of Nigeria to the ECOWAS Community
Court in Abuja to enforce his basic human rights and secure his release from
illegal detention since his arrest October last year.
Instances was witnessed whereby the Chief Executive of Nigeria,
President Muhammadu Buhari has caged the judiciary, meddled in its supposed
independence affairs, defied the rule of law and murdered justice in Nigeria.
These irresponsibilities are heightened when an observable pattern has been
overlooked or ignored, such as is the case in this suit.
The trial of the Plaintiff (Nnamdi Kanu) in the domestic courts has been
carried out in such a despicable manner devoid of professionalism and respect
to the tenets of democracy and the rule of law, hence cannot be treated with
kid gloves.
A situation where two judges of distinct courts of jurisdiction has
granted someone bail on two different occasions while others washed their hands
off the case, does not need a soothsayer to tell one that the accused is going
through a political vendetta intertwined with gross injustice.
It was against this backdrop that Nnamdi Kanu sought for a transparent
trial and equitable justice into his continued persecution. Human life has a
special value and dignity which requires legal protection.
By interpreting the African Charter on Human and Peoples’ Rights so as
to impose on the Nigerian state obligations to respect the fundamental human
rights of citizens and uphold the rule of law, the ECOWAS Court of Justice will
be demanding from the Nigerian government a commitment to securing these rights
and to the reform of the very structure and modus operandi of its domestic
legal institutions.
In so doing, the ECOWAS will help to address and checkmate the abuse of
power, human rights violation and executive recklessness of which its spate has
increased since the coming into power of President Buhari.
A fundamental notion of the contemporary human rights law is that
victims of violations enjoy an independent right to effective remedies. This
idea in itself is founded on another longstanding legal principle “ubi ius ibi
remedium,” meaning that there is no right without a remedy.
Hence it is assumed that the failure of the Nigerian government to
provide for an effective remedy and reparation for its victims, since they have
not been produce a convincing evidence to the offense alleged to have been
committed, is unlawful as it amounts to breaches of obligations to respect,
protect, promote and fulfill the human rights guaranteed under the African
Charter on Human and Peoples’ Rights to which Nigeria is a state party.
The fear of ECOWAS Court has really improved on the human rights
environment and has brought about a new legal regime across the sub-region.
Defying Buhari's order, the court would want the Nigerian government under
Buhari to appear tomorrow before the court and justify Kanu's continued
detention, despite series of order by the domestic courts to release him
unconditionally.
Since the President of the Community Court, Honourable Justice Maria de
Ceu Silva Monteiro who declared the 2015/2016 legal year open assured ECOWAS
governments and citizens that the court will in no way shirk its
responsibilities to the people of the sub-region in its efforts to ensure an
ECOWAS of the people and not an ECOWAS of only states, it is therefore expected
that the court will dispense justice in an equitable and upright manner devoid
of bias or favoritism.
As we wait in anticipation of tomorrow's court session, Biafra writers
shall be reporting live from the venue of proceedings.
By Chukwuemeka Chimerue
Published By Nwosu C.S
For Biafra Writers
ECOWAS Court to commence hearing on Mazi Nnamdi
Kanu's suit.
The hearing into the fundamental rights
suit of the leader of Indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu, will
be coming up on Wednesday, 25th day of April 2018 at the Economic Community of
West African State in Bamako Mali .
The IPOB leader had filed the suit on
March 3, 2016 demanding $800 million as compensation from the Federal
Government for his unlawful arrest in 2015 and continued detention.
On Tuesday, the 12th day of February
2018, the court presided over by Justice Hemeye Mahdmadane made further
adjournment after entertaining a fresh application by the prosecution.
Meanwhile, the court will once again proceed to hear this long awaited suit on 25th April 2018.
Meanwhile, the court will once again proceed to hear this long awaited suit on 25th April 2018.
It is disheartening to trail on the
path of reality; bearing this sad memory that the person in charge of this suit
is no more. Meanwhile, this suit was filed in March 2016 and is yet to reach
its hearing stage at the court since it was first brought before it following
the inexcusable act of adjournment by the court.
We are watching with keen interest to
know the reaction of the ECOWAS court about the unjustified murder of Mazi
Nnamdi Kanu by the Nigerian government using the military arm as a tool. We are
also eager to hear the judgement from the ECOWAS court over the consistent
bruising of Kanu's right, even before he passed away.
Will the ECOWAS go ahead to make
further adjournment? We are patiently waiting to know the verdict that will be
passed on the Nigerian government. Justice Hemeye Mahdmadane must do the right
and stop making mockery of justice and the judicial system of Africa .
We therefore urge Biafrans all over the
world to remain resolute and stay tuned with Umuchiukwu Writers as we keep you
abreast on the proceedings of the aforesaid court case.
Written By Ugochinyere Onyechere for
Umuchiukwu writers.
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