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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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NBC Calls for Peaceful Coexistence Amid Efforts to Resolve Abia-Cross River Boundary Disputes
The National Boundary Commission (NBC) has called for peaceful coexistence among border communities in Abia and Cross River States amidst escalating tensions.
The Director-General, Surv. Adamu Adaji, made this appeal following violent clashes between the Isu community in Arochukwu Local Government Area of Abia State and the Ukwa Mbiabong Ukwa Eburutu community in Odukpani Local Government Area of Cross River State, which claimed lives in early January 2025.
In a statement by Efe Ovuakporie, Head of the Information and Public Relations Unit, NBC condemned the killings and extended condolences to the affected communities. It urged all stakeholders to exercise restraint and avoid actions that could undermine ongoing boundary resolution efforts.
The NBC highlighted its proactive measures, including the Joint Meeting of Officials (JMO) on the Abia-Cross River boundary held on December 11, 2024, at the Metropolitan Hotel, Calabar.
The meeting, chaired by Surv. Adamu Adaji, outlined key steps towards resolving the desputes in the affected areas.
The steps included the agreement to share the disputed triangular land between Okon-Aku and Ikun communities, subject to approval by the Deputy Governors.
Other steps include plans to resolve land issues with respect to point Abia/Cross River (AC)15A (Abia, Achara, and Biakpan communities) at a Joint Technical Meeting scheduled for January 20, 2025, in Abuja.
Aside the foregoing, the meeting also considered the submission of documents supporting claims over disputed points AC19 to AC23 (Mbiabong-Ito and Isu areas) by January 20, 2025 and the formation of a Joint Committee for the rehabilitation and return of displaced communities in the Mbiabong-Ito/Isu sector.
The NBC used the opportunity to reiterate its role as a neutral mediator committed to fairness, consensus, and fostering sustainable peace. It emphasized the importance of dialogue over violence, stressing that any acts of aggression would counter efforts to attract development and resolve disputes.
The Commission also urged traditional rulers, community leaders, and security agencies to collaborate in fostering peace and ensuring productive discussions ahead of the January 20th meeting.
During the December 2024 meeting, Deputy Governors Engr. Ikechukwu Emetu (Abia State) and Rt. Hon. Peter Odey affirmed their states’ commitment to an amicable resolution of the disputes.
Both leaders emphasized the need for peace and mutual understanding among the affected communities.
The NBC remains optimistic that its proactive approach, including its emphasis on accurate surveying and equitable solutions, will achieve a lasting resolution to the Abia-Cross River boundary continued disputes.
As preparations for the January 20, 2025, Joint Technical Meeting progress, the NBC has appealed to all stakeholders to prioritize peace and remain patient as the Commission works towards finalizing boundary resolutions. It is confident that these efforts will pave the way for stability and development in the region.
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Just in: US Embassy In Nigeria To Be Closed
The United States Embassy in Abuja and the Consulate General in Lagos will observe a temporary closure on Thursday, January 9, 2025, in honor of the late Jimmy Carter, former President of the United States, who passed away on December 29, 2024, at the age of 100.
This announcement was made on Wednesday through a statement from the U.S. Mission to Nigeria on its official X account.
Carter, the 39th President of the United States, served from 1977 to 1981 and is widely celebrated for his commitment to peace negotiations, promotion of democratic values, and advocacy for human rights. Additionally, he authored numerous books during his lifetime.
The statement praised Carter’s remarkable contributions to U.S.-Nigeria relations, stating, “We remember former President Jimmy Carter, a tireless advocate for peace, democracy, and human rights. As the first U.S. President to visit Nigeria, he helped strengthen U.S.-Nigeria relations and supported Nigeria’s democratic process. His legacy continues to inspire us.”
The closure of the diplomatic missions serves as a reflection of the profound respect for Carter’s legacy, particularly his role in fostering strong ties between the United States and Nigeria.
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Power Palaver: Nigerian Breweries, varsities get permits to generate electricity
Amid the high cost of electricity and incessant power fluctuations, Nigerian Breweries Plc has got approval to generate captive power in its offices located in Abia, Oyo, and Enugu states.
Cumulatively, Nigerian Breweries is generating up to 41MW in the four stations.
The Nigerian Electricity Regulatory Commission disclosed this in a report, saying the permits were granted in the third quarter of 2024.
Following the signing of the Electricity Act 2023, many companies appear to be leaving the national grid to generate their own power.
According to the NERC, captive power generation permits are issued to entities that intend to own and maintain power plants exclusively for their consumption. This means there is no sale of electricity generated from the plant to any third party.
The commission said it approved the grant of captive power generation permits to 11 applicants with a gross capacity of 63.36 megawatts.
Also, six Nigerian universities and the Nigerian Defence Academy were given permits to generate captive electricity.
The University of Abuja got a permit to generate 3MW; University of Calabar & Teaching Hospital, Cross River State is generating 7MW; University of Agriculture Micheal Okpara, Umetuke, Abia State, 3MW; University of Maiduguri & Teaching Hospital, Borno State, 12MW; Federal University of Agriculture, Abeokuta Main Campus, Ogun State, 3MW; and the Federal University Gashuwa, Yobe State, 1.50MW.
The Nigerian Defence Academy, a military university based in Kaduna got NERC’s nod to generate 2.50MW of electricity.
Last year, the Minister of Power, Chief Adebayo Adelabu, disclosed that the Federal Government had approved electricity subsidies for tertiary education and health institutions to address their concerns following the removal of subsidies in areas categorised under Band A feeders.
After the Federal Government removed subsidies from customers in Band A and upgraded their daily electricity supply to a minimum of 20 hours daily, universities and public hospitals cried out that their bills had skyrocketed.
The College of Medicine of the University of Lagos and the Lagos University Teaching Hospital cried out over what they described as an outrageous electricity bill charged by the Eko Electricity Distribution Company.
The institutions said they were jointly presented with a bill of about N280m for May instead of the less than N100m they used to pay.
The monthly bill given to UNILAG jumped from N180m to N300m.
The Federal University of Technology, Akure had its bill raised from N20m to N60m by the Ibadan DisCo.
At the University of Benin, the tariff was hiked from N80m monthly to N250m.
The Vice-Chancellor of Babcock University, Ogun State, Prof. Ademola Tayo, said in July that the institution paid N300m as electricity tariff in May, lamenting that the high electricity tariff was a great threat to quality education in Nigeria.
Aside from the high cost of energy, many Nigerian institutions are also battling low supply and fluctuations coupled with repeated grid collapses.
With permits to generate captive power, Nigerian Breweries and academic institutions will have a stable power supply to run their daily activities.
Within the period under review, the commission certified seven Meter Service Providers, five-meter installer companies, and two-meter manufacturers.
The commission also issued 22 permits for Meter Asset Providers within the period even as it issued 50 orders to guide the activities of licensees.
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