ECOWAS COURT SET 11th DECEMBER 2018 TO DELIVER JUDGMENTS…

The ECOWAS Community Court of Justice has fixed 11^th December 2018 to deliver the rescheduled judgments in two cases brought by Nigerians alleging the violation of their human rights by the Federal Republic of Nigeria.

One of the two suits was filed by Chief Ambrose Osuan for himself and the Osuan family, in which they alleged the ‘sustained violation of their civil, social and economic rights’ over the forceful acquisition of the family’s ancestral land by the colonial government and its conversion initially into an European Reservation Area and later into a Government Reservation Area by the Nigerian and Edo State governments without compensation to the family.

At the last hearing of the case by a three member panel of the new college of judges on the 8^th of November 2018, the parties had adopted their written and oral procedures although the presiding Judge, Honorable President Edward Asante, had granted any party willing to submit written addresses until the end of November 2018 to do so.

The panel also gave both parties till the end of November 2018 to submit written addresses if any of the parties so desired. With His Lordship on the panel were Justices Gberi-Be Ouattara, and Keikura Bangura.

In suit no. ECW/CCJ/APP/25/16 they asked for compensation in the sum of 3 billion (three billion) US dollars from the government for the violation of the relevant international legal instruments and a declaration that the actions of the defendants is ‘unlawful and a violation of their fundamental rights.’

In the second suit no.ECW/CCJ/APP/10/15, Fetus Ogwuche and another, both of who are human rights lawyers involved in human rights advocacy and advancement of democracy and good governance claimed that a letter titled “Additional Regulation for Live Broadcasts” sent to all broadcasting firms in Nigeria by the National Broadcasting Commission violated the right to freedom of press.

In the said letter, the National Broadcasting Commission, the regulatory body for broadcasts in the country, directed all broadcasting stations to notify it at least 48 hours before transmission of live broadcast; conform with the provisions of the Code for such broadcasts as it affects political broadcasts and take responsibility for its broadcast programmes.

The plaintiffs urged the Court to order the Nigerian Government to withdraw the letter which they claimed threatens to censor all broadcast materials with the threat of the withdrawal of broadcast licenses for infractions.

Honorable Justices Edward Asante, Dupe Atoki, and Januaria Moreira Costa were on the panel.

In the third suit no ECW/CCJ/APP/26/13 filed by Registered Trustees of Jama’a Foundation and three others against the Federal Republic of Nigeria, the Court also fixed judgment for the middle of December after both parties adopted their processes and urged the Court to deliver its judgment.

The case was heard by Justices Gberi-Be Ouattara (presiding), Dupe Atoki, and Keikura Bangura.

In the initiating application filed by the counsel in the case, the plaintiffs claimed they are victims of sustained violations of their rights to life, security, dignity of the human person and equal protection before the law.

The plaintiffs, who are predominantly Muslims of Hausa/Fulani ethnic origin domiciled in southern part of Kaduna State in Nigeria, alleged they were affected by the ethno-religious crisis of 18^th and 19^th April 2011 that left over 800 people dead and several others displaced.

They are seeking orders of the Court directing the defendant to ensure the protection of the plaintiffs; the establishment of a military base within their locality; the implementation of the recommendations of the report an investigative panel known as Sheik Lemu panel as it affects them.

They also asked for the payment of monetary compensation in the amount of N105, 066,204,016 (One Hundred and Five Billion, Sixty-Six Million, Two Hundred and Four Thousand, and Sixteen Naira).

Benue Killings: ECOWAS court postpones judgment

The Court of Justice for the Economic Community of West Africa States (ECOWAS) has postponed judgement in a fundamental rights case brought before it by indigenes of Benue State, Nigeria.

The Indigenes including a Catholic priest, Solomon Nfa, have asked the court to order the Nigerian government to pay them N1 trillion, for their losses in the series of killings recorded under the current administration.

The case was brought against President Muhammadu Buhari, the Inspector General of Police, Ibrahim Idris and the Chief of Army Staff, Tukur Buratai.

Other named applicants in the suit are Joseph Dooga, Sam Abah, David Iordaah, Ochepo Yakubu and Terese Tange.

According to the application, the indigenes alleged outright neglect by Mr Buhari’s administration and accused the military of compromising its constitutional role of protecting the people. The indigenes likened the killings in their state to an attempted genocide and accused the federal government and the military of ‘watching’, while Benue communities were attacked by the herdsmen.

The ECOWAS court had resolved to deliver judgement in the matter since March, but postponed the judgement date twice, before beginning the annual vacation in July.

The court stated that the expected judgement could not be delivered because the panel of judges attending to the matter had resigned.

A counsel for the plaintiff, Vembe Terfa, also asked the court for time to submit his final addresses.

Subsequently, the court decided to return in December to deliver the judgement in the matter.

ECOWAS, Red Cross move to protect civilians during conflicts

The Economic Community of West African States (ECOWAS) Commission and the International Committee of the Red Cross (ICRC) have validated an action plan on the implementation of International Humanitarian Laws (IHL) 2019-2023 at a consultative meeting in Abuja.

The move seeks to ensure that globally accepted laws are observed during armed conflict in West Africa, thereby protecting the fundamental human rights of the citizens.

Consequently, information is to be disseminated to security agencies and armed forces of member states as well as sensitizing civil society and non-governmental organizations, the judiciary and also including the laws in the curricula of schools.

Addressing the participants at the weekend, the Commissioner for Social Affairs and Gender, ECOWAS Commission, Dr. Siga Fatima Jagne, stated that the action had become imperative in view of the catastrophic effects of conflicts in the sub-region.

She noted that the validation of the plan of action and its implementation would help in achieving the human security vision of the commission as captured in the ECOWAS Conflict Prevention Framework.

Jagne informed the participants that the document would be presented to the ECOWAS Council of Ministers for adoption and onward transmission to the Authority of Heads of States and Government for approval.
“The Plan of Action will serve as a basis for political and legal accountability for all of West Africa,” she said.

Nigeria’s Permanent Representative to ECOWAS, Ambassador Babatunde Nurudeen, highlighted the key components of the policy, including protection of children, eradication of sexual violence, migration and welfare of internally displaced persons (IDPs).

Others are protection of health care and Red Cross emblem as well as counter-terrorism and arms control.

The Head of the ICRC delegation to ECOWAS, Eloi Fillion, reaffirmed the commitment his organisation to providing technical assistance to member states.

Similarly, the representative of the Nigeria’s Minister of Foreign Affairs, Joseph Udo Oyi, pledged support to the implementation of the document.

He noted that though the nation was contending with cases of terrorism, it is, however, committed to respect for human rights.

ECOWAS delegation visits IGP, demands free, fair polls in…

Ahead of the 2019 general elections, a delegation from the Economic Community of West African States (ECOWAS) has stressed the need for the Nigeria Police to provide the enabling  security environment for a hitch free polls.

The delegation, led by Mr Mohammed Konte, on a courtesy visit to the Inspector General of Police (IGP), Ibrahim Idris, said ECOWAS will play its role to ensure free and fair polls.

Konte, told the IGP, that they were at the police force headquarters on a fact finding mission on the readiness of the police for the upcoming elections, even as he commended the police on its efforts at achieving and sustaining peace in the country.

Force Public Relations Officer, Jimoh Moshood, who made this known in a statement, said: “The Inspector General of Police welcomed the ECOWAS delegation and express his delight to have them at the Nigeria Police Force Headquarters.

He also acquainted the delegation with the administration of the force, the strength and spread of the Nigeria Police Force across the country.

“The IGP equally briefed the delegation on the readiness of the police to ensure a secure environment for a free and fair 2019 general elections in the country.

“In his remarks, the leader of the ECOWAS delegation, Konte, lauded the frantic efforts and giant strides achieved by the police in sustaining peace in Nigeria. While making further comments during the visit, Konte stressed the importance of election security and the utmost need for a peaceful 2019 General Elections in Nigeria, assuring that ECOWAS will play its roles to ensure that this is achieved.

“In his final remarks, the IGP thanked the ECOWAS delegation for the visit and their supports to the Nigeria Police Force. He assured them that the Force would not relent in ensuring that peace reign supreme in Nigeria, and the election security achievements recorded in the States Governorship Elections held recently in some part of the Country are improved upon in the upcoming 2019 General Election”.

Stakeholders seek review of ECOWAS transhumance regulations

Some Stakeholders have called for the review of the Economic Community of West African States (ECOWAS) protocol on free movement of persons, goods and animals. The call was made during the consultative security meeting on herders/farmers crisis at the multipurpose hall of the Nigeria Union of Teachers (NUT) in Jalingo, Taraba State which was held on the 11th November,2018..

Seeking permanent solutions to herders/farmers upheaval in the state, the stakeholders unanimously agreed that ECOWAS transhumance regulations approved in 2003 “is not the problem, but absence of movement control structures in the country.”Led by the secretary of the committee on herders/farmers crisis, Andre Akwasari, they opined that cases involving grazers and farmers should not be swept under the carpet.

They suggested strengthening of the peace and reconciliation committee in the state, as well as employment of advisers on farming and livestock in every council of the state.

 

According to them, all persons indicted in herders/farmers unrests should be arrested and prosecuted.Optimistic that government’s dream of ensuring peace is achievable, they called on the government to fashion out ways of halting arms proliferation, which they agreed was brought about by distrust and self-defence.

They urged state security operatives to collaborate with state governments in selection and training of livestock marshals for successful implementation of the ranching laws.

“Politicians should also stop the game of winner-takes-all instead of governance for all,” they advised, while urging government to strengthen the capacity of traditional rulers, especially in the areas of conflict mediation “by holding them accountable.” This, they believe, will go a long way in uniting farmers and grazers.

The meeting, which brought together traditional rulers, farmers, grazers, opinion leaders, among others, pleaded with the state governor to create “a structure for direct interface with stakeholders with genuine information or seeking clarification.”

ECOWAS Ministers of Finance approve draft Supplementary Act on…

 

A Draft Supplementary Act on Community Rules of Origin and procedures applicable to products originating in the Economic Community of West African States (ECOWAS) has been approved by the Ministers of Finance from ECOWAS Member States.

The final Report of their meeting which concluded on the 2^nd of November 2018 in Abuja, Nigeria, stated that the draft supplementary Act was approved, subject to rephrasing its Article 26 to ensure that companies which already benefit from tariff preference under the old protocol do not lose it with the coming into force of the new text.

Also approved is the draft Supplementary Act on Mutual Assistance and cooperation between customs administrations of ECOWAS member states and collaboration between them and ECOWAS Commission on customs matters.

In addition to the draft regulation on the Change of Product Category in the ECOWAS Common External Tariff (CET), the Ministers approved the draft Supplementary Act adopting Community Rules for the Elimination of Double Taxation with Respect to taxes on Income, Capital and Inheritance as well as the Prevention of Tax Evasion and Avoidance within the ECOWAS Member States.

While approving the draft Act, the Ministers invited the ECOWAS Commission to ensure that the provisions of subsequent implementing regulations address the specific concerns raised during the meeting.

The concerns has to do mainly with the provision in the implementing legislation for a monitoring and evaluation mechanism as well as the provisions to combat unfair tax competition between Member States.

Even though the Ministers approved the draft Directive on Mutual Administrative Assistance on Tax Matters in Member States, they however, decided to postpone the consideration of the draft Directive on the establishment of a legal framework for the implementation of a tracking, tracing and tax verification system of manufactured or imported tobacco products in ECOWAS Member States.

This followed a request from the private sector that they be allowed time to make contributions to the draft text.

During the meeting, presentations were made on the Status of implementation of the recommendations of the 3rd meeting of ECOWAS Ministers of Finance, the Report of the 4^th meeting of Directors General of Customs, the 61^st and 62^ndmeetings of the Technical Committee on Trade, Customs and Free Movement of Persons, as well as the Directive on the establishment of a legal framework for the implementation of a tracking, tracing and tax verification system of manufactured or imported tobacco products in ECOWAS Member States.

On the strength of the progress made, the ECOWAS Commission’s Commissioner for Finance Mrs Halima Ahmed, entreated the Ministers on the timely remittance of Community levy that is collected directly and domiciled in the ECOWAS account maintained in the various Member States. She also called for a rigorous application of the tax base.

The Ministers of Finance acknowledged the status of implementation of recommendations of its last meeting as presented, and thanked the Commission for implementing all the recommendations.

While bringing the meeting to a close, the ECOWAS Commission’s Commissioner for Trade, Customs and Free Movement, M. Tèi Konzi. Thanked the Ministers for approving the draft texts submitted to them.

On behalf of the Chair of the meeting and Nigeria’s minister of Finance Mrs Zainab Shamsuna Ahmed, the Minister for Budget of Niger Republic, Mr Jalloud Hamat also thanked his colleagues for their contributions and expressed the hope that the texts approved would contribute to the consolidation of the ECOWAS Customs union.

President Jean Claude Kassi Brou calls for increased Cooperation…

The President of the Commission of the Economic Community of West African States (ECOWAS) Jean-Claude Kassi Brou has called for increased cooperation with the government of the United States of America in the bid to ensure political stability, peace, security and economic development in the West Africa.

He made this call while receiving the Assistant Secretary of State for African Affairs Tibor Nagy and the US Ambassador to Nigeria, Stuart Symington during a courtesy visit at the Commission’s headquarters in Abuja, Nigeria on 9^thNovember 2018.

While highlighting the need for the US to sustain its global role and influence given its strategic importance to West Africa, President Brou briefed the US delegation about ECOWAS interventions in the political affairs of Member States such as the peaceful transition of power in the Gambia and its initiatives to ensure peace and security in countries such as Mali, Guinea Bissau, Liberia and Sierra Leone.

Speaking about the Commission’s political intervention in Togo, President Brou stated that ECOWAS is working to ensure that Togo reviews its constitution in line with the regional standards which stipulates that there should be a limit of two terms for Presidents.

He also noted the importance of the upcoming elections in Nigeria and Senegal, stressing the need for them to be credible and peaceful as they are very import to the stability of the region.

President Brou also informed the US delegation of the Commission’s commitment to improve inter regional trade which currently stands at 15% for formal trade and its steps to provide assistance for Member States in order to arrive at a common regional position on the African Continental free Trade Area.

On his part, Mr. Tibor Nagy stated that indeed ECOWAS has made giant strides in the political affairs of its Member States and described the West African bloc as an example which other Regional Economic Communities should emulate.

He reiterated the commitment of the United States to support initiatives that will create a conducive environment for foreign investments to thrive in West Africa.

He stated that the United States through its International Development Finance Corporation to the tune of $60 billion will assist developing countries improve their infrastructure and economies.

Also in attendance of the meeting were the Commission’s Vice President Madam Finda Koroma, the Commissioner for Finance Mrs. Halima Ahmed and the Commissioner for Political Affairs, Peace and Security General Francis Béhanzin.

ECOWAS Commission concludes leadership training for line managers

The Commission of the Economic Community of West African States (ECOWAS) has concluded a leadership training programme for its line managers.

The programme which is part of the strategic plan for the development of staff who hold supervisory roles in the Commission, is to ensure among others, that leadership at all levels, are aligned with the strategic objective of the regional community while working relationship is improved along the lines of global best practices.

Bringing the series of training to a close at a certificate award ceremony, the ECOWAS Commission’s Commissioner for Human Resources Dr Jeremias Dias Furtado noted that in these days of training and retraining, it has been realized that organizations that own or develop leaders are sure to achieve more success in their exertions.

Highlighting business leadership skill as one of the most important in today’s market, he said: “To lead means to direct people to a goal by example. A leader to be followed does not need to impose but to espouse”.

Stressing that leading is a mix of technique and art, Commissioner Furtado said the process of human communication demands of managers, the necessary charisma that aids effectiveness and the ability to motivate a group in the sense of accomplishing tasks.

Making a distinction between being in charge of a team and being a leader, the commissioner held that apart from having a holistic vision of the organisation, it is essential for the leader to develop some success determinant skills and characteristics critical in influencing the led.

He pointed out that the possession of the skills of adaptability and flexibility as well as the ability to remain communicative, are key in this regard. Also indispensable is the art of effective communication allowing the managers to sell the image of the organisation positively.

Enthusing that the training session will achieve its desired results, Commissioner Furtado told the Commission’s line managers that “identifying individual competencies in their subordinates and working out the best ways to increase the potential of the team” is one of the functions of a leader.

This, in addition to the necessary feedback, he maintained, is critical in order for employees to do “self-analysis” and gain the needed improvement to reach their highest levels of productivity and motivation.

Head of Cooperation of the German Embassy in Abuja, Mr. Christopher Wenzel expressed his satisfaction with the training procedures and stressed that the support of the German government for the programme is all about “creating the capabilities so that people and governments can provide solutions to challenges”.

According to him, despite the various challenges confronting the ECOWAS Commission, “it is still a very capable institution, as there are a lot of individual capacities” that abound.

He maintained that as a life-long training process, the collaborative effort is primed at providing the kind of support that will help ECOWAS and its personnel to deal with identified challenges”

Being a programme aiming at providing line managers at ECOWAS with additional leadership and managerial skills, practical hands on education for better insight on decision making processes at the Directorate levels were given.

The exercise also focused on individual competence building with the aim of linking personal growth process to the organisational change happening within ECOWAS.

The November module on strategy implementation and project management, is the last of four in the core training programme. The other modules done with, between April and September 2018 are strategic leadership and change, self-management and collaboration as well as Human resources Management for high performance.

Apart from coaching of supervisors, concepts such as meaningful contribution, appreciation, teamwork, motivation, support, responsibility, communication, integrity and commitment were expanded and put in proper perspectives.

 

ECOWAS Court Awards N88bn Damages Against Nigerian Government Over…

The ECOWAS Court of Justice has awarded N88 billion damages against the Federal Government for its failure to clear landmines and remains of explosives in the aftermath of the civil war in the South Eastern part of the country.

The judgment was delivered by Justice Chijioke Nwoke on Tuesday 30th October,2018. In the judgment the court ordered the Federal Government to commence clearing and evacuation of the aftermath of the civil war within 45 days.

Hundreds of landmine victims had dragged the Federal Government before the ECOWAS Court in 2012, asking for an order for the removal of remnants of war instruments stockpiled in 11 states of the South East, South South, and NorthCentral.

Citizens take FG to ECOWAS court over high cost…

Some Nigerian citizens have dragged the federal government of Nigeria before the ECOWAS Court of Justice over high cost of nomination forms

Kenneth Roberts, Goodluck Edafe, Dr. Matthew Oguche, Macaulay S. William-Jumbo and Josephine E. Okeke, (plaintiffs) stated in a suit marked, ECW/CCJ/APP/49/18, dated October 18 and filed the same day, that the high cost of nomination and declaration of interest forms imposed on political aspirants by political parties, takes political offices out of the reach of the poor.

They contended that the act was a breach of the fundamental rights as guaranteed under article 21 of the Universal Declaration of Human Rights, Article 13 of the African Charter on Human and People’s Rights as well as Article 25 of the International Covenant on Civil and Political Rights.

The plaintiffs held that by selling forms at high prices to aspirants, many people with genuine goals could not afford it, thereby, dashing their hopes and ambitions to serve their country through elective positions.

They contended that making it a pre-requisite to contest for an elective post under the platform of political parties in Nigeria, is to completely marginalize and exclude the poor and middle class from governance.

They are consequently seeking court’s declaration that paying huge sum of money for nomination and declaration of interest forms for any elective position is a violation of articles 21, 13 and 25 of the universal declaration of human rights, African charter on human and peoples’ right and international covenant on civil and political rights, respectively.

They are also seeking a declaration that imposition of outrageous fees upon aspirants to elective positions for political party nomination forms deliberately excludes members within the low income bracket from exercising their right of participation pursuant to article 21,13 and 25 of the universal declaration of human rights, African charter on human and peoples’ rights, and is undemocratic.

They want the court to compel the defendant (Federal Government of Nigeria) to detail its electoral body, and all other institutions, organs, agents and authorities responsible for the regulation of political parties, to take the appropriate measures to ensure that no fees, monies or payments are imposed by political parties upon aspirants for nomination or declaration of interest forms, as pre-requisite to participation in any process pursuant to the elective positions under the defendant’s constitution.

The plaintiffs are seeking an order compelling the defendant to pay the sum of N25 million as exemplary damages for the wanton infringement of fundamental rights of the applicants and its citizenry and for breach of its international obligations to respect those rights.

A date is yet to be fixed for hearing.