The ECOWAS Court of Justice has dismissed a suit filed by a non-governmental organization (NGO) over alleged claims of human rights violations against Nigeria, for want of evidence.

The NGO, the Registered Trustees of Human and Environmental Development Agenda Resource Centre (HEDA), had prayed the court to sanction Nigeria for breaching its international obligation to protect human rights.

Responding, however, the Nigerian government denied all the claims made by the NGO, and averred that the claims were baseless, lacked facts and evidence, and urged the court to dismiss them.

Delivering judgment, Justice Sengu Koroma, the Judge Rapporteur, held that all the claims of rights violations were lacking in facts and evidence in support of the allegations.

Justice Koroma, who presided alongside Justices Dupe Atoki and Ricardo Gonçalves on the panel, also ordered the NGO to pay a nominal cost of one hundred thousand naira to the Nigerian government.

According to the court, the Respondent adduced proof of updated laws on the regulation of the petroleum industry and other implementation measures taken to improve the environment in oil producing area and decrease gas flaring in the country.

It also noted that the NGO did not counter the submissions of the Respondent concerning such efforts to protect the host communities.

Justice Koroma further held that HEDA failed 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.

HEDA, which focuses on anti-corruption, and non-partisan human rights and development in Nigeria, had in the application marked: ECW/CCJ/APP/40/21 filed on 22 July 2021, also prayed the court to award it damages.

It also prayed for orders of the court compelling the government to enforce gas flaring regulations against defaulters, and direct it to collect fines from defaulters.

NAN reports that the NGO had also prayed the court to declare that continuous gas flaring in Nigeria was illegal and a gross violation of fundamental rights, and that the Nigerian government was obliged to stop gas flaring in Nigeria.

The applicant had further alleged that Nigeria failed to guarantee the rights to life, dignity of the human person, physical and mental health, and right to healthy environment for Nigerians residing in oil producing areas.

The NGO had placed reliance on Articles 1, 4, 5, 16 and 24 of the African Charter on Human and Peoples’ Rights (ACHPR), stressing that gas flaring was exposing the the oil producing inhabitants to hazards of cancer, lung damage, deformities in children and skin problems.

It had also claimed that environmental pollution from gas flaring contributed to global warming and climate change, adding that Nigeria’s failure to tackle it, had resulted in damaging effects on lives, the environment and monetary loss.

An Economic and Financial Crimes Commission (EFCC) witness said that former aviation minister, Hadi Sirika’s company was not on the list of bidders for the contract for the Apron Extension project in the Katsina Airport.

The witness, Mr Isaiah Yusuf, testified as EFCC 4th witness (PW4) in the alleged N2.7 billion fraud case against Sirika and three others.

The EFCC dragged Sirika alongside his daughter, Fatima; Jalal Sule Hamma and Al-Duraq Investment Limited, for abuse of office and contract fraud.

They are standing trial before Justice Sylvanus Oriji on a six counts.

The minister who served under former President Muhammadu Buhari was accused of abusing his office as minister through the award of contracts to a company in which his daughter and  husband had interest.

The offence allegedly committed by the former minister and others, according to the prosecution, were contrary to Sections 12 and 19 of the Corrupt Practices and Other Related Offences Act 2000, to Section 17 (b) of the Economic and Financial Crimes Commission (Establishment) Act, 2004.

In addition, Section 315 of the Penal Code Act, Cap 532 Acts of the Federal Capital Territory and punishable under the same sections.

Yusuf  when cross examined by the 1st and 4th defendant’s counsel, Michael Numa, SAN, said Al-Duraq Global Investment Limited was not listed as bidders in the request brought to them (BPP).

Asked if he was in the Civil Infrastructure department (CID) that handled the requests, he told the court that the Director- General (DG) assigns requests to departments capable of handling such.

When asked of an endorsed letter from BPP signed by Babatunde Kuye, the Permanent secretary on behalf of the D-G of the Bureau which bore the name of the company, he said Al-Duraq Global Investment Limited was not approved.

“The evaluation did not include Al-Duraq Global Investment Limited, in our records.
Al-Duraq Global Investment Limited was not approved.

The counsel for the 1st and 4th defendants showed him the documents which were letters dated June 6 from Aviation ministry and endorsed on June 8 by BPP, and the ones to his Chambers but Oluwaleke Atolagbe, counsel for the prosecution objected.

Atolagbe told the court that the documents given to the witness to speak on were not endorsed by him, and never emanated from him.

He said the documents were not tendered before the court either.

Numa then, wanted the documents to be tendered, the prosecution objected saying, that they were just seeing it now.

“I am seeing it for the first time and my constrict is that the document is from the BPP.

“It is so hard for me to take a decision and object to the admissibility. It is safer to take a date and look at the document” Atolagbe prayed the court.

Though Numa pushed that the document be admitted   Atolagbe insisted on his objection.

Other counsel in the matter did not object to the adjournment.

Subsequently, Justice Oriji adjourned until Oct. 3 for continuation of cross examination of PW4 and hearing.

The witness on July 2, when led in evidence by the prosecution counsel, Rotimi Jacobs SAN, said he was director, procurement, Bureau Public Procurement (BPP).

He said on March 16, 2022 a letter came from the ministry of Aviation requesting for a letter of ‘no objection ‘ to enable them award contracts with restricted publicity.

He told the court that if the contract was below N1.5 billion, the ministerial tender board could approve it.

The witness added if above such amount, BPP would issue ‘certificate of no objection ‘ that would enable the ministry or agency request to proceed to Federal Executive Council (FEC) for approval.

Yusuf further said that after the approval it goes back to the ministry or Agency that placed the request.

“The ministry of Aviation wrote two letters to BPP dated May 16 and May 17 requesting for ‘ due process no objection ‘ for restricted advertisement for bidders.

“They came with selected companies which were five in number; the contract was the building of terminal and extension of Katsina Airport.

“BPP approved the five listed companies for the contract for N800 million but Al-Duraq Global Investment Limited and Apron Expansion were not among,” he told the court.

Yusuf told the court that by the time the approval was given to the ministry, they never came back to BPP.

He said when EFCC contacted them was when (BPP) got to learn that the project was split into two at a costs of N1.4 billion and N1.3 billion.

The witness said the BPP Act; section 16(6) must be strictly adhered to before bidders can be awarded with contracts.

“The actual cost of the project brought to BPP for evaluation was N800 million and the least bidder gets the contract.

” We do not know how the project turned into two contracts and how the Al-Duraq Global Investment Limited and Apron Expansion were awarded the contract,” he said.

Lt.-Gen. Taoreed Lagbaja, the Chief of Army Staff (COAS), on Friday inaugurated some new projects at the 3 Division of the Nigerian Army, Rukuba, near Jos.

Some of inaugurated projects include; 2,000 capacity sports complex pavilion, two blocks of 30 flats for personnel from ranks of corporal and below, accommodation for the division’s garrison Regimented Sergeant Major, remodeled quarter guard, among others.

Inaugurating the projects separately, Lagbaja said the gesture was aimed at improving the welfare of army personnel and their families within the cantonment.

The COAS also explained that the gesture was part of activities commemorating the 2024 Nigerian Army Day celebration (NADCEL).

The Nigerian Army boss, who reiterated his commitment to the welfare of personnel, said that a conducive accommodation for personnel would promote optimal performance.

“I have moved round our barracks, accommodation for soldiers and their families is appalling; so we will continue to improve these facilities within available resources.

“When the thought of hosting this year’s NADCEL in this cantonment came up, we felt the need to use the occasion to kick-start infrastructure renewal here.

“Welfare of our troops and their families forms part of my command’s philosophy, and we will continue to pursue it vigorously,” Lagbaja said.

Similarly, as part of activities lined up for the NADCEL, the Nigerian Army also had organised a golf tournament holding at the Rhino Golf Club, Jos.

Speaking shortly after the tea-off (Golf tournament kick-off), Lt.-Gen. Lamidi Adeosun (rtd), who was the Special Guest of Honour at the event, thanked the COAS for organising the competition.

Adeosun, who reeled out the importance of golf game to the military, said that the tournament would afford both serving and retired military personnel and other golfers to interact.

Also speaking, Sen. Simon Lalong, the immediate past governor of Plateau and an ardent golfer, called on Nigerians to promote the game at all levels.