₦airaland Forum

The Federal Government has
bluntly told the ECOWAS community
court sitting in Abuja not to hear a
matter brought before it by the
embattled leader of the Indigenous
People of Biafra (IPOB), Mr. Nnamdi
Kanu, over his continued
incarceration and trial.
The government, in its written
preliminary objection filed by the
Federal Ministry of Justice, to
Kanu’s suit, No. ECW/CCJ/APP/06/16,
submitted that the sub-regional
court lacked, “the requisite
jurisdiction” to hear and
determine the matter before it.
Consequently, it has urged the
court to dismiss and/or strike out
the action for want of jurisdiction,
“stemming from incompetency in
initiating the application against
the defendants.”
The government noted that
instead of waiting for conclusion
of his application before the
Nigerian Domestic Court of Appeal
on his bail, the plaintiff proceeded
to the ECOWAS court, a move it
stated, amounted to, “an abuse of
court process or subjecting the
Nigerian law to ridicule.”
It submitted that Kanu, was being
tried under existing Nigerian
domestic laws and as such cannot
properly file the suit before the
sub-regional court.
Also, the government stated: “The
corporate existence of Nigeria as a
united, harmonious, indivisible and
indissoluble sovereign nation is
certainly greater than any citizen’s
liberty or right,” adding that once
the security of the nation is in
jeopardy, “and it survives in pieces
rather than in peace”, individual’s
liberty or rights may not even
exist.”
On the issue of jurisdiction, it
averred: “It is trite law that a court
cannot assume jurisdiction over
ancillary claims when it has no
jurisdiction to entertain the main
claim, since an ancillary claim can
only be properly determined by
that court. Thus, it is improper to
approach a court which is
incompetent to determine only
some of the issues in a case if
there is a court with jurisdiction to
determine all the issues.”
Faulting the inclusion of the
Attorney General of the Federation
and the Director General of State
Security Service as defendants in
the suit, the government stated
that in the context and framework
of ECOWAS, only member states
and community institutions can be
sued before the sub-regional court
for alleged human rights violation.
It submitted that the court has no
jurisdiction over the two
defendants because they, “are
neither member -states or
community institutions of ECOWAS
and therefore, not amenable to the
jurisdiction of the community
court of justice”.
The government therefore, urged
the court to strike out their names
as parties in the matter, stressing
that there is neither factual nor
documentary evidence to any claim
against them.

CACAWA:
I think the Ecowas court is only meant to hear bilateral trade and boundary disputes within the subregion, not using any laws per se, but using bilateral agreements. They are more like an arbitration panel.

When it comes to human rights, the Nigerian constitution is abundantly clear.


Guys you need to check my fb page

CACAWA:
I think the Ecowas court is only meant to hear bilateral trade and boundary disputes within the subregion, not using any laws per se, but using bilateral agreements. They are more like an arbitration panel.

When it comes to human rights, the Nigerian constitution is abundantly clear.


Guys you need to check my fb page

Noneroone:
Ecowas court just like European union court has right to hear such cases. They have claimed jurisdiction over Dasuki's case . European union courts even have right to upturn court decisions of member states, which is why UK is threatening to leave.

Nigeria has been rule for most time by illiterate Generals who lack requisite leadership skills and therefore wont know what membership of such community entail. They think their job is to clampdown on civilians and trade union.

Do you think Nigeria would have become a member of ICJ the leader knew it could loose bakassi from it.

CACAWA:
good point. Joining ICJ or UN helps to avoid unnecessary wars, even if it means losing some legal battles once in a while.

As for the EU, the template they work on is totally unique. Not all regions operate the same way, for instance, we can't compare the EU to the former USSR, nor can we compare the kind of mandate given to the UAE.

The mandate of UN is also different from that of the AU in terms of how they control their members.

When it comes to Ecowas, their only concern is bilateral disputes. The courts claiming jurisdiction is doing so on the grounds of human rights charter ..which makes your argument somewhat valid albeit weak.

I'd be glad to see them ban Nigeria from any trade within the subregion.

In Dokubo's voice, "dem no fit"

Noneroone:
The fed govt know the ain't winning, they want to use dasuki style.

I said it Nigeria can never win anything that involves logic and reason.

Look at how they are messing up

macfarland:
Wow...never knew BIAFRA can so scare hell out of a nation....na wa ooh!...LOL

SLIDEwaxie:
chest beating

DaBullIT:
I dey always gbadun your comments, not always , but you are really enlightened , compared to other erdyots claiming to be educated




This Business , IPOB, MEND, MASSOB is not ECOWAS's business, but the yeeeebow touts won't know that , they think by wailing and blackmailing and protesting their issues will be solved


for Kkunu to be released, first thing is to desolve IPOB , Take that Biafra Radio off air , and try to negotiate with FG


but no , it's like a Yoruba adage , A n ge omo lowo o tun bo oruka meaning , you cut someone's fingers off , the person keeps putting on rings , that's to show insolence

Another Yoruba adage says , Iya o t'oya ni omode ni wipe ko ni daa fun eni to na ohun meaning when you smack a little kid and the kid is cursing you for smacking it , then that smacking is not enough .


Which i believe is the principle here, people , erdyots can keep blowing pipelines , broadcasting hate messages on radio Biafra , share propaganda video on internet and even post handbills , it means they are still stubborn , when the punishment becomes greater , they'll learn to go back to their shells

DaBullIT:
I dey always gbadun your comments, not always , but you are really enlightened , compared to other erdyots claiming to be educated




This Business , IPOB, MEND, MASSOB is not ECOWAS's business, but the yeeeebow touts won't know that , they think by wailing and blackmailing and protesting their issues will be solved


for Kkunu to be released, first thing is to desolve IPOB , Take that Biafra Radio off air , and try to negotiate with FG


but no , it's like a Yoruba adage , A n ge omo lowo o tun bo oruka meaning , you cut someone's fingers off , the person keeps putting on rings , that's to show insolence

Another Yoruba adage says , Iya o t'oya ni omode ni wipe ko ni daa fun eni to na ohun meaning when you smack a little kid and the kid is cursing you for smacking it , then that smacking is not enough .


Which i believe is the principle here, people , erdyots can keep blowing pipelines , broadcasting hate messages on radio Biafra , share propaganda video on internet and even post handbills , it means they are still stubborn , when the punishment becomes greater , they'll learn to go back to their shells

Noneroone:
did Ecowas court claim jurisdiction over dasuki's case or not?

Has kanu's case anything to do with human right like dasuki?

These are the issues that are relevant now. So save me the bilateral thing

CACAWA:
yes both of them are claiming human right violation. They are arguing that several courts have granted them bail but FG is being adamant

EteEdoho:
and you this.so whats the point of your age-long rant on this thread?

Candyrain:
Seems some people are scared already, I thought they said Nigeria controls ECOWAS. Lolzzz

CACAWA:
lol

CACAWA:
I think the Ecowas court is only meant to hear bilateral trade and boundary disputes within the subregion, not using any laws per se, but using bilateral agreements. They are more like an arbitration panel.

When it comes to human rights, the Nigerian constitution is abundantly clear.


Guys you need to check my fb page

[size=18pt]
Dasuki Floors FG, as ECOWAS Court Assumes Jurisdiction in His Case
[/size]

Tobi Soniyi in Abuja

The former National Security Adviser (NSA), Col. Muhammed Sambo Dasuki (rtd), on Monday at the Economic Community for West African States (ECOWAS) Court won the first leg of his case challenging his alleged unlawful arrest and detention without trial since December last year by the federal government.

The court in Abuja ruled that it has jurisdiction to entertain the suit brought before it by Dasuki for the enforcement of his fundamental rights to liberty and to own properties as enshrined in the provisions of the Nigerian 1999 constitution and African Charter on fundamental rights of persons.

In the ruling delivered by Justice Friday Chijoke Nwoke, the ECOWAS court dismissed outright the objection of the government against Dusuki’s suit on the ground that the objection was misplaced, misconceived, frivolous and lacked merit.

Justice Nwoke in the unanimous ruling of the 3-member panel of the court held that the claim of government that Dasuki’s case emanated from his trial on certain offences was inappropriate and being basis for its objection to the applicants case in this matter could not hold water since the reliefs sought by Dasuki have nothing to do with the ongoing trial at the domestic courts of Nigeria.

The justices said that in their own opinion, the claim of government that Dasuki ought to have filed contempt charge against the Nigerian government for disobeying court orders that admitted him to bail but flouted by the government was not sustainable because his the case of applicant was not ambiguous, in that it was not based on any criminal trial in any court.

Justice Nwoke said that at any rate, the case of Nigerian government could not stand in the face of the law because there was no evidence that Dasuki had filed similar pending matter in any international court and that even if he had similar matter in any Nigerian court up to Supreme Court, such domestic courts could not have the status of international court as envisaged in the treaty in which Nigeria was a signatory.

He ruled: “In our opinion, what Dasuki brought before us as a case is an issue for the enforcement of his fundamental rights to liberty and own property and against unlawful arrest, unlawful detention and unlawful seizure of properties without any court order or warrant of arrest.

“From the totality of the issues brought before this court, it is clear and there is no ambiguity that the applicant is seeking enforcement of his right to freedom and not on the issue of his trial for any alleged offence before any Nigerian court”.

http://www.thisdaylive.com/index.php/2016/04/11/dasuki-floors-fg-as-ecowas-court-assumes-jurisdiction-in-his-case/