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Obey ECOWAS Judgement, SERAP Tells Buhari

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Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to “enforce the judgement by the ECOWAS Court of Justice compelling your government to delete the offence of ‘insulting or stalking public officials online’ from the Cybercrime Act.”
SERAP urged him to “urgently send an executive bill to the National Assembly to repeal the unlawful provisions, and reform all laws, which are inconsistent and incompatible with freedom of expression and media freedom.”
The judgement, delivered by the court last week in Accra, Ghana followed the suit number ECW/CCJ/APP/09/19 brought by SERAP.
SERAP also urged him to “direct the Attorney General of the Federation and Minister of Justice,Mr Abubakar Malami, SAN to withdraw all pending charges of ‘insulting or stalking public officials online’ against activists, critics and journalists, and immediately ensure their release from unlawful detention.”
SERAP urged him to ensure that “those who have faced unfair prosecutions under the unlawful provisions receive adequate compensation.”
In the open letter dated April 2, 2022, and signed by SERAP Deputy Director, Kolawole Oluwadare, the organisation said, “This judgement is a victory for many Nigerians who continue to face harassment, intimidation and unfair prosecutions solely for peacefully exercising their human rights online.”
The provisions of Section 24 of the Cybercrime Act, among others, criminalise sending or causing to be sent an “offensive, insulting or annoying message via a computer system or network.”
The offence is punishable, including by a fine of up to N7,000,000.00 or imprisonment of up to three years or both.
SERAP had argued before the ECOWAS Court that, “The Federal Government and several state governments have used the vaguely worded provisions of the Cybercrime Act to trample on the rights to freedom of expression and information of bloggers, journalists, activists, and social media users.”
In its judgement, the court agreed, and ruled that “Section 24 of Cybercrime Act is inconsistent and incompatible with Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights to which Nigeria is a state party.”
The court then ordered the Federal Government to “amend section 24 of the Cybercrime Prohibition Act in accordance with Nigerian obligations under Article 1 of the African Charter on Human and Peoples’ Rights.”
The letter, read in part: “The immediate enforcement and implementation of the judgement by your government will be a victory for the rule of law, the right to freedom of expression and media freedom online. This will improve citizens’ participation in their own government, and provide an impetus for the anti-corruption fight.
“By implementing the judgement, your government will be demonstrating Nigeria’s leadership within the ECOWAS sub-region, and sending a powerful message to other countries to embrace the rule of law and human rights.
“With the ECOWAS Court judgement, all federal and state authorities must now stop using the provisions of section 24 of the Cybercrime Act to target, harass, intimidate, arbitrarily arrest and detain and unfairly prosecute social media users, activists, and journalists who express views perceived to be critical of governments.
“SERAP notes that Article 15(4) of the ECOWAS Treaty makes the Judgement of the Court binding on Member States, including Nigeria. Also, Article 19(2) of the 1991 Protocol provides that the decisions of the court shall be final and immediately enforceable.
“Furthermore, non-compliance with the judgement of the court can be sanctioned under Article 24 of the Supplementary Protocol of the ECOWAS Court of Justice, and Article 77 of the ECOWAS Treaty.
“SERAP trusts that you will see compliance with this judgement as a central aspect of the rule of law; an essential stepping stone to constructing a basic institutional framework for legality, constitutionality. We, therefore, look forward to your positive response and action on the judgement.
“The judgement read by Hon. Justice Gberi-De Quattara (presiding judge), Hon. Justice Dupe Atoki (member) and Hon. Justice Keikura Bangura (member), chronicled details of Nigerian government officials using the Cybercrime Act, particularly its Section 24 as a pretext to harass, intimidate, detain, prosecute and imprison activists, journalists, bloggers, and social media users.
“In its judgement, the ECOWAS Court held that ‘The court has the jurisdiction to hear and determine the suit. In a plethora of decisions, the court has upheld that the mere allegation of human rights violations is sufficient to invoke this human rights mandate pursuant to Article 9 (4) of the Supplementary Protocol.’
“In view of the fact that this application is premised on human rights violations pursuant to Article 9(4) of the supplementary protocol, the court holds that it has jurisdiction to hear and determine the suit.
“According to the ECOWAS Court, ‘The allegation of SERAP before the Court for determination on merit is whether the provision of the Cybercrime Act has violated the right to freedom of expression, information, opinion, and privacy in contravention of Article 9(1) and (2) of the African Charter on Human and Peoples’ Rights and Article 19 of the International Convention on Civil and Political Rights.’
“The ECOWAS Court then stated that, ‘Section 24 of the Cybercrime Act is not in conformity with Article 9 of the African Charter and Article 19 of the International Convention on Civil and Political Rights. As for reparation, Nigerian Government is ordered to amend Section 24 of the Cybercrime Act, in accordance with the obligations under Article 1 of the African Charter of Human and Peoples’ Rights.’
“SERAP also notes that by virtue of Article 24(4) of the Protocol A/P.1/7/91 relating to the ECOWAS Community Court of Justice as amended by the Supplementary Protocol A/SP.1/01/05 in January, 2005, every member state of the Economic Community of West African States is required to designate a National Authority for the enforcement of the judgements of the Community Court of Justice.”
“Pursuant to the provisions of the article 24 of the Protocol of the Community Court, the Federal Government decided in 2014 to designate the office of the Attorney-General of the Federation and Minister of Justice as the Competent National Authority for the enforcement of the decisions of the court in Nigeria.”
The letter was copied to Mr Malami.

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CAS Lauds Troops For Exceptional Performance In South-East Operation

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Chief of Air Staff (CAS), Air Marshal Hassan Abubakar, has lauded Nigerian Air Force (NAF) troops for exceptional performance in ongoing Joint Task Force in the South-East code-named “Operation Udo Ka II”.
Abubakar said this yesterday in Enugu during his maiden visit and tour of operational and training assets and facilities within NAF Ground Training Command (GTC), Enugu.
He noted that NAF troops had done exceptionally well and recorded series of success in the joint operation meant to keep the South-East safe and secured for all.
The CAS noted that the GTC Command was highly important to NAF as it housed the ground component (non technical component) as well as a unit of air component necessary to ensure the attainment of the mandate of NAF.
He said: “Today, we are in Enugu, which is the host of the GTC Command in our maiden visit and we are here to interact with the NAF personnel, see the facilities and infrastructure on ground.
“We are also here to encourage the personnel to continue to do the good job they had been doing before now.
“The GTC Command and the Air Training Command are key to all of our activities in NAF and the two commands ensure we have the adequate and skilled manpower for all our activities and operations.
“I am also here to strengthen our activities within Operation Udo Ka II, which Enugu is the headquarters, and see how we can achieve greater successes more than what we are having now and ensure that South-East is totally secured.”
He disclosed that 750 personnel were currently undergoing training and would be graduating between December 2023 and January, 2024.
“These training are important to us in terms of our operation; and the current number is very significant amount of manpower to be injected into our operations and other activities in the country,” he said.
On the inspection in the new GTC Command Headquarters, new 553 Base Services Group (BSG) Headquarters and BSG Annex; Abubakar said that he was quite satisfied and impressed with the pace, level and quality of work done already.
“I have taken out time to inspect the projects and asked questions about the projects and I tell you that I am satisfied with what are on ground and all our assets and facilities are well maintained and protected,” he said.
The NAF boss commended NAF officers, airmen and airwomen in GTC Command for “doing a good job and keeping the flag flying high” as well as extolled their sacrifices and commitment to duties as well.
“I am very happy for their performance. We at the NAF headquarters, we are doing all we can to make sure they have all the necessary support and equipment as well as welfare and accommodation to carry out their jobs effectively,” he said.
He assured NAF personnel of doing more by providing all necessary infrastructures to ensure the maximum working of the GTC Command.
The CAS also inaugurated a renovated airmen’s club and new Mrs Rakiya Abubakar Children’s Park as well as inspected the water treatment and reticulation system and the hospital within NAF Base, Abakpa in Enugu.

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UNIBADAN Lecturer Wins Best Thesis Dollar Prize

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The Institute of African and Diaspora Studies (IADS), University of Lagos, has announced Dr Muhammad Ribadu as winner of this year’s Rahamon Bello Best Ph.D thesis in African Studies award.
The Director of the institute, Prof. Muyiwa Falaiye, made the announcement in a statement issued to newsmen yesterday in Lagos.
Ribadu, of the University of Ibadan, will be rewarded with a total of 1000 dollars, a plaque and a certificate.
Falaiye said a total of 18 entries for the 4th edition of competition were received from various universities in Nigeria, Kenya and South Africa
He gave the title of the winning thesis as: The Social Context of Gentrification in Lagos State; Ph.D (Jan. 2023) Department of Sociology, University of Ibadan.
“The first runner up for this competition was Oluwaseyi Popogbe, currently a lecturer at the Department of Economics, Crawford University in Ogun.
“The title of his thesis is: Social Exclusion and Poverty in Selected Coastal Slum Areas in Lagos State; Ph.D (Dec. 2022) Department of Economics University of Lagos.
“The second runner up position went to Dr Charles Akwen, currently a lecturer at the Department of English, University of Lagos.
“Akwen’s thesis is titled: Notions of Identity in the Literary Creativity of Odia Ofeimun and Yang Mu; Ph.D (Dec. 2022) English Literature, University of Lagos,” the director stated.
He said that both the first and second runners up would be awarded plaques and certificates in recognition of their contributions and hard work.
Falaiye noted that the competition was in honour of Prof. Rahamon Bello, who was the 10th Vice Chancellor of the university, at the time the institute was inaugurated.
The prize money is usually donated every year for the award by friends of Prof. Bello.
Falaiye said that Dec, 6, had been fixed for the presentation of the awards.
The Tide source reports that the award was first presented in 2020.

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States, LGs Lack Infrastructure To Manage Ecological Fund, Shun Queries – Perm Sec

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The 36 states of the federation and the 774 local government councils have no structure in place to manage Ecological Fund.
The declaration was made in Abuja, yesterday, by the Permanent Secretary, Ecological Project Office, Malam Shehu Ibrahim.
Ibrahim made the declaration at an interactive session with the House Representatives Committee on Ecological Fund.
He said since states and local governments began to share the fund with the Federal Government they had not been able to put structures in place to manage their share.
The Ecological Fund is an intervention fund by the Federal Government to address the multifarious ecological challenges in various communities in the country.
Ibrahim told the house committee that the sharing of the fund among the three tiers of government followed a court decision.
He said governors and local council chairmen never welcomed queries about how they deployed the ecological funds.
“It is a `no-go’ area,’’ he quipped.
“They don’t want to see officials of the Ecological Project Office near them; so we cannot ask them how they spend the money,’’ he added.
Ibrahim said also that all motions by the National Assembly regarding intervention on ecological project matters had been treated.
“The Ecological Project Office acts expeditiously on documents sent to it to solve problems; it looks at some of the gaps within the motion and tries to fill the gaps, and we have had more than five of such motions.
“ The Ecological Project Office does not handle funds; it only appraises projects and makes recommendations to the president,’’ he said.
The permanent secretary explained that it is the Ministry of Finance that manages the fund and the projects.
He stressed that it was a misconception that the Ecological Project Office is in charge of funds and at liberty to decide on where projects would be sited with the money in its coffers.
He said whenever there were interventions; the Ecological Project Office informed affected communities and went with the contractor to hand over the projects to the community.
This is to enable the community to take ownership of the intervention and communicate their observations to the project office.
Responding, Rep. Sani Jaji (APC-Kaura Namoda/ Birnin Magaji), chairman of the committee, said there should always be stakeholders engagement before embarking on ecological fund intervention projects.
He noted that the projects were stakeholders’ projects and failure to include the stakeholders would always lead to security breach.
“So many things happened with UNICEF’s polio vaccine rejection; but when it included stakeholders, people began to accept the vaccine.
“It is critical to involve stakeholders and ensure equity. Security cannot be the reason why you won’t execute projects in certain parts of the country.
“The perception about your office is that there is money out there; so you need to change that perception and let people know that you have limitations about the execution of projects,’’ he said.
Jaji challenged the Ecological Fund Project Office to provide the needed advice to the president to enable him to take the correct steps.

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