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ECOWAS Court quashes NGO’s claims of rights violations by Nigerian govt

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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.

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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.

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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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Senate confirms appointment of 21 RMAFC commissioners

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The Senate has confirmed the appointments of 21 federal commissioners for the Revenue Mobilization Allocation and Fiscal Commission.

The Senate confirmed the nominees after Yahaya Abdullahi, senator representing Kebbi north, presented a report.

President Bola Tinubu appointed the nominees in August and therefater sought the senate’s confirmation.

Abdullahi, chair of joint committee on national planning and economic affairs and finance, said all the nominees are fit to hold public office.

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The ex-majority leader said with these appointments, every state in the country is represented on the RMAFC board.

“That the senate do confirmation of the 21 nominees that makes the commission to be of its full complement,” he said.

“That means every state now has a represenation at the board.”

The new commissioners are:

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Linda Oti (Abia)

Akpan Effiong (Akwa Ibom)

Enefe Ekene (Anambra)

Prof. Steve Ugba (Benue)

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Chief Eyonsa (Cross-River)

Aruviere Egharhevwe (Delta)

Nduka Awuregu (Ebonyi)

Victor Eboigbe (Edo)

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Wumi Ogunlola (Ekiti)

Ozo Obodougo (Enugu)

Kabir Mashi (Katsina).

Adamu Fanda (Kano)

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Dr. Kunle Wright (Lagos)

Aliyu Abdulkadir (Nasarawa)

Bako Shetima (Niger)

Samuel Durojaye (Ogun)

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Nathaniel Adejutelegan (Ondo)

Saad Ibrahim (Plateau)

Modu-Aji Juluri (Yobe)

Bello Garba (Zamfara)

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Mohammed Usman (Gombe).

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Unfolding story: Unusual security beef up at NASS over alleged plot to impeach Akpabio

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Workers and visitors to the National Assembly were taken back this morning with the high level.of security at the first gate as well as the second one.

DSS men, cladded in dark suits and sunglasses virtually outnumbered all other security agencies who were also noticed to have increased their men.

Insider sources claimed the increased presence of the State Security men as well as others was because of an underground move being made to impeach Senate President, Godswill Akpabio today.

The move, which was more or less like a coup given its surreptitious outlook was said to have been hatched by some Northern senators who are angry with Tinubu’s government and believe that the country can be better run if he had a senate that is more vocal and critical of his policies.

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Akpabio has become one of the most unpopular throw-ups of Nigerian democracy with his goofs and gaffs landing blows not only on the National Assembly which he heads but also on the ruling class as a whole.

Only a few days ago he said if you see food anywhere, eat because there was hunger in the land.

Source: Abujareporters

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Reps Seek Timely Submiission of MTEF, 2025 Appropriation Bill

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By Gloria Ikibah
The House Representatives has called on the Executive to submit the Medium Term Expenditure Framework (MTEF) to the National Assembly to enable the transmission of the 2025 Appropriation bill by the President for speedy passage of the budget.
This was sequel to the the adoption of a motion of urgent public importance moved by Rep. Clement Jumbo on the “Need to Urge the Executive to Comply With Section 11(1)(b) of Fiscal Responsibility Act 2007”, on Wednesday at plenary.
Naijablitznews.com recalled that the Senate and House  received the 2024-2026 Medium-Term Expenditure Framework (MTEF) and Fiscal Strategy Paper (FSP) from President Bola Tinubu, on Tuesday, October 31, 2023.
Recall further that President Tinubu in a Joint Session of the Senate and House of Representatives on Wednesday, 29 November 2023, also presented the sum of N27.5 trillion as the proposed 2024 Budget.
The lawmakers express worried that the time frame to go through the budget and it’s passage was rushed and did not give them enough time, giving the January to December budget cycle promised by the current administration.
Debating the motion Rep. Jumbo noted that the Fiscal Responsibility Act 2007 provides for the prudent management of the nation’s resources, ensures long term macroeconomic stability of the national economy, secures greater accountability and transparency in fiscal operations within a medium- term fiscal policy framework and the establishment of the Fiscal Responsibility Commission to ensure the promotion and enforcement of the nation’s economic objectives and for related matters.
The motion reads: “Further notes that section 11(1)(b) stipulates that the federal government must, not later than four months before the commencement of the next financial year, cause to be prepared and laid before the National Assembly an MTEF for the next three financial years.
“Worried that section 88 and 89 of the 1999 Constitution as well as section 30(1) of FRA 2007, specifically, section 88(1) stipulates that subject to other provisions of the 1999 Constitution, each house of the National Assembly shall have the power, by passing resolutions, to direct, or cause to be directed, an investigation into any matter or thing with respect to which it has power to make laws, and into the conduct of affairs of any person, authority, ministry of government department charged or intended to be charged with the duty of or responsibility for executing of administrating laws enacted by the national assembly and for disbursing or administrating monies appropriated or to be appropriated by the National Assembly.
“Further worried that the time the National Assembly requires to exercise its functions as enshrined in section 88(2)(b) is technically being taken away by the non-compliance of section 11(1)(b) of FRA 2007 by Executive”.
Contributing to the motion lawmaker spoke in support of the motion saidnthe time stipulated in the Act should be complied with to enable the legislature carry out its oversight functions among others.
In his contribution, Billy Osawaru (APC, Edo State) said: “The timely late arrival of annual budget proposals, is one of the ways Ministries, Departments and Agencies of Government shortchange Nigerians.
“If it takes four months to go through budget estimates, it should be four months.”
Also throwing his weight behind this motion was the Minority Leader, Rep. Kingsley Chinda, who said it was a wake up call for the government.
He said: “I believe as well this morning is to wake the present government from their slumber. The last budget like we rightly noted, we were almost rushed. In fact, we were rushed into concluding that budget.
“And that is what we want to avoid happening again this year. We can also say that the government perhaps no longer want to tolerate that situation where the budget, which is very important, in fact, the most important law that will be passed by this Assembly as it has to do with the Nations, will be brought and each of us will be restricted to conclude and pass that same budget.
“We want to comply with what we have agreed that there must be a certain period for the budget to run, that is January to December. I would therefore call on this House to please support this motion, regardless of party line, regardless of religion, this motion is in the interest of this country and is in our collective interest that this will be done and done right. We are going into the end of the quarter of this year. We expect that by now the MTEF would have been with us so that we can take it slowly.
“This motion is a clarion call. It is a good call. It is one that has our support”.
The House unanimously adopted the motion and mandated its on Committees on National Planning and Economic Development, Appropriation and Finance to ensure compliance within 2 weeks.
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