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ECOWAS Court quashes NGO’s claims of rights violations by Nigerian govt
By Kayode Sanni-Arewa
The ECOWAS Court of Justice has quashed the claims of human rights violations brought by a non-governmental organisation (NGO) that asked the Court to hold the Federal Republic of Nigeria liable for breaching its international obligation to protect human rights.
Justice Sengu Mohamed Koroma, Judge Rapporteur who delivered the judgement on Thursday said the Court dismissed all claims of rights violations due to lack of facts and evidence in support of the allegations, and ordered the NGO to pay a nominal cost of N100,000 to the Nigerian government.
The initiating application with suit number ECW/CCJ/APP/40/21 was filed on 22 July 2021 by The Registered Trustees of HEDA (Human and Environmental Development Agenda) Resource Centre, a registered NGO focused on anti-corruption, and non-partisan human rights and development in Nigeria.
The suit was premised on alleged failure of Nigeria to guarantee the rights to life, dignity of the human person, physical and mental health, and right to healthy environment for Nigerians particularly those residing in the oil producing areas of Nigeria.
Relying on Articles 1, 4, 5, 16 and 24 of the African Charter on Human and Peoples’ Rights (ACHPR), the Counsel representing the NGO claimed that despite the prohibition of gas flaring by an Act of government “Association of Gas Reinjection Act of 1979, gas flaring persisted, thereby exposing the people living in the oil producing areas to hazards including cancer, lung damage, deformities in children and skin problems.
He further claimed that environmental pollution from gas flaring contributed to global warming and climate change, adding that Nigeria’s failure to tackle it, has resulted in damaging effects on lives, the environment and monetary loss.
The NGO asked the Court to declare the continuous gas flaring in Nigeria as illegal and a gross violation of fundamental rights, and that the Nigerian government is obliged to stop gas flaring in Nigeria. It also demanded orders of the Court compelling the government to enforce gas flaring regulations against defaulters, and direct it to collect fines from defaulters.
In response, the State of Nigeria denied all the claims made by the NGO. The Counsel for the Respondent averred that the claims lacked facts and evidence, and were baseless, and urged the Court to dismiss them.
In its findings, the Court noted that the Respondent adduced proof of updated laws on regulation of the petroleum industry and other implementation measures taken to improve the environment in oil producing area and decrease gas flaring. It also noted that the NGO did not counter the submissions of the Respondent concerning its efforts to protect host communities.
As a matter of fact, the Court observed the failure of the NGO to provide any evidence supporting its claim of loss of lives, breach of the right to dignity of the human person, breach of right to physical and mental health, and lack of provision of a healthy environment owing to gas flaring. The Court therefore dismissed the claims for lack of proof.
Also on the panel were Justice Dupe Atoki and Justice Ricardo Claúdio Monteiro Gonçalves.
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Catholic Church rejects $40k from Kenya’s president
Archbishop of Nairobi Philip Anyolo said the cash would be returned and declined other pledges from
Kenya’s Catholic Church has rejected a donation of about $40,000 (£32,000) made by President William Ruto.
He offered the money towards the building of a priest’s house and as a gift to the choir during Mass on Sunday at the Soweto Catholic Church in the capital, Nairobi.
The donation followed a recent statement by Catholic bishops, who had hit out at the government for failing to fulfil their electoral promises.
Churches have been under pressure this year from young anti-tax protesters who have accused them of being too close to politicians.
Following Ruto’s much-publicised donation on Sunday, many Kenyans urged the Catholic Church to reject the money.
The president had given around 2.6m Kenyan shillings ($20,000, £16,000) in cash, pledged the rest of the money later and also promised to give the parish a bus.
The Catholic Archbishop of Nairobi, Philip Anyolo, said the cash would be returned over “ethical concerns and the need to safeguard the Church from being used for political purposes”.
He also declined his other pledges and said a donation of 200,000 Kenyan shillings made by the Governor of Nairobi, Johnson Sakaja – who attended the same service, was also being handed back.
“The Catholic Church strongly discourages the use of church events such as fundraisers and gatherings as platforms for political self-promotion,” Archbishop Anyolo said.
Such donations were in breach of the church directives as well as the Kenyan law, he added.
The long ties between churches and political institutions – in a country where more than 80% of the population are Christian – seem to be fraying.
Three years ago, established churches banned politicians from using the pulpit during services in return for donations.
But the relationship was still perceived to be close – with young demonstrators accusing the churches of siding with the government when it decided to impose new taxes earlier this year.
Under the social media hashtag #OccupyChurch, many hit out at the churches for failing to take their side during the deadly protests that erupted in response to the planned tax hikes.
The uproar forced President’s Ruto’s government to withdraw the controversial finance bill in July.
Then last week, the Kenya Conference of Catholic Bishops – which represents all Catholic bishops in the country – accused the government of perpetuating a “culture of lies”.
In a scathing statement, it also raised issues about over-taxation, corruption, violation of human rights, freedom of speech, unemployment as well as a “crumbling” education system and healthcare services.
“Despite the calmness we are experiencing, there is a lot of anxiety and most people are losing trust in the government,” it said.
In response, President Ruto appeared to hit back at the clergy, saying “we must be careful to give factual information lest we become victims of the things we accuse others of doing”.
A senator allied to government, Aaron Cheruiyot, also accused the church of “misinformation”, adding that the “clergy must avoid being purveyors of propaganda, fake news and falsehoods”.
Many of Kenya’s Christians are Catholic – estimated to number 10 million, about 20% of the population, according to government statistics.
Other Christians belong to a variety of evangelical churches and other denominations, including the Anglican Church of Kenya – which has defended the Catholic Church’s position.
Anglican Archbishop Jackson Ole Sapit said the Catholic bishops had reflected the feelings of many Kenyans.
“Calling church leaders names or dismissing the bishops’ statement as ‘misleading, erroneous and false,’ is itself dishonest,” he said.
“The [Catholic] bishops have spoken the minds of Kenyans and faithfully expressed the truth as things are on the ground.” (BBC)
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