From Eric Ikhilae, Abuja
The Court of Justice of the Economic Community of West African States (ECOWAS) has adjourned for judgments in two suits filed against the governments of Guinea and Republic of Niger by their citizens, for alleged rights violations.
A three-man panel of the court, led by its President, Justice Edward Asante, after taking arguments from parties on Thursday, fixed judgment for April 21 in the case against Guinea and May 30 in the case against Niger Republic.
The prosecution of both cases is being promoted by a group, the Public Interest Lawyering Initiative for West Africa (PILIWA).
In the case against Guinea, the plaintiffs are demanding over $7bn as damages for the alleged murder, torture, arrest and violations of rights of the victims of Zoghota masacre on August 4, 2012 by some operatives of the Guinean security agencies.
According to the plaintiffs, agents of the Guinean security and defense forces on the orders of the state attacked Zoghota Village, firing at random, killing six residents, wounding several more, burning homes, and arresting and torturing several people.
The plaintiffs’ lawyer, Pepe Lama, told the court that they have to approach the ECOWAS Court for justice as they have tried to no avail to get justice in Guinea.
Lama said since 2018 when the compliant was filed against the respondents, the government has failed to investigate or hold anyone responsible.
He then prayed the court to recognise the violations and hold Guinea responsible, adding that the court should order Guinea to remedy the damage by prosecuting the alleged criminals.
Though the Government of Guinea was served with court papers and it filed processes in response, it was, however, not represented in court.
In the suit against the Government of Niger Republic marked: ECW/CCJ/APP/51/18, the plaintiffs, who are the family heads, representing those claiming ownership of the land, are challenging the alleged illegal acquisition of the land by the government.
According to them, the government illegally took over their lands used for farming and allocated to a private firm, Summerset Continental, for the construction of a luxury hotel.
The plaintiffs claimed that the state violated national laws and international standards on the right to property when it took their land in the fertile valley of Gountou Yena that was the residents’ sole source of livelihood, without prior consultation or compensation.
They said their resort to the court was to seek justice because the state took unjustified administrative actions to revoke and retroactively cancel the property rights that it had previously recognized as belonging to the families of Gountou Yena.
The plaintiffs urged the court to uphold their claims because the government has violated their rights by forcibly taking over their land without necessary and appropriate compensation.
The plaintiffs, through their lawyer, Idrissa Tercherna urged the court to order Niger to pay damages and loss of profit to each of the applicants (head of large family 450,000,000) CFA as compensation for any cause of damage.
Sued with the Republic of Niger, is a firm, Summerset Continental Limited, owners of the Summerset Continental Hotel that is being built on the land currently under dispute.
The Niger authorities, who was represented in court by a lawyer, faulted the plaintiffs’ claims and prayed the court to dismiss the suit.
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