Dear All,
Friday the news went viral of the judgment of ECOWAS court. AI
country rep Ms Osai’s summary below underscores it; the court said when you
arrest women for prostitution you must also arrest men who keep their filthy
company alongside them cos you cannot be
said to be a prostitute unless there are men of easy virtues with those women
of easy virtues. Nigeria made it to the World stage yesterday when CNN reported
that Nigerian girls and women are some of the most endangered species in the World.
That to curb harassments of women over favours – they ask do you harass men
when they come to your offices for promotion, election, employment etc; that to
reduce the social malaise we need more women economically, professionally and
politically empowered.
I see that President Buhari is trying to improve his gender stature
and possibly match or surpass the record of President Jonathan. GEJ made 35%
affirmative action in his cabinet; GEJ made the first female Chair FIRS; made
Co-ordinating Minister of the Economy first female. First female Chief Justice
of Nigeria. NJC under PMB’s watch should actually have appointed a woman like
Hon Justice Mariam Aloma Mukhtar GCON, as a member of anti-corruption Judiciary
Committee given her track record. She is a much more credible person than
Olanipekun SAN I do not want to mention others cos comparing Alegeh SAN for
example with Mukhtar, is extremely insulting.
PMB’s regime was the first to appoint a female NPA Boss and has now
made another first by nominating yet another great lady as Deputy Governor of Central
Bank. The young lady will be facing Senate screening; those condemning her
sudden rise to ED Diamond Bank and within 24 hours nominated as Deputy Governor
CBN should let her be. She is not a perfect candidate for the office but she is
sufficiently knowledgeable. Good to Go!
Some trump the regional card – concentration of power in the hands
of the North. The North is in power anyway. If when President Buhari assumed
office in 2015 you added your voices to the advocacy campaigns, monitoring his
appointments as I had advised, rather while Dame Carole was critiquing some thought it was too early
in the day. Look once you observe early signs you strike. In US spot the “red
flag” observe the signals you launch BOOM cos if someone signals s/he is coming
to get you, why wait? Not so in Nigeria we launch when it is late in the day to
wail.
In any event the Governor of CBN is South Delta State Christian; it
is not marginalization to have a female from North as his Deputy please support
Aishat Ahmad. She does not have to be the most qualified. She is okay please.
Thanks PMB for nominating a Lady we need many more Ladies in the saddle. We
need FG cabinet genderized too!
Gracias
Attorney CN Ajie
AMNESTY INTERNATIONAL
ECOWAS COURT
Dorothy Njemanze & Ors vs- NIGERIA
Judgment Delivered on 12th Oct 2017
“I am so happy to report back the wonderful news. In
the case of Dorothy Njemanze & 3 Others v. Nigeria at the ECOWAS Court suit
ECW/CJ/APP/17/14, judgment was delivered in favour of the plaintiffs today 12
October 2017.
Apart from 1 of the Plaintiffs whose claim was
statute-barred. All the other reliefs applied for were granted. And 6 million
naira (each to the plaintiffs as compensation. I have attached the initial
application for your information. We have not received a copy of the judgment
yet. Once we have it this would be disseminated.
Summary of decision
- The Nigerian state failed to protect the rights of the 1st, 3rd and 4th plaintiffs as there were multiple violations of Articles 1, 2, 3, 5, 18(3) of the African Charter; Articles 2, 3, 4(1), 4(2), 5, 8 & 25 of the Maputo Protocol; Articles 2, 3, 5(a), & 15 (1) CEDAW; Articles 2(1), 2(3), 3, 7 & 26 of ICCPR; Articles 10, 11, 12, 13 & 16(1) CAT; Articles 1, 2, 5, 7 & 8 UDHR.
- Failure of the Nigerian state to investigate and prosecute the allegations of mistreatment meted out to the plaintiffs
- Treatment of the plaintiffs amounted to gender discrimination and sexual and gender based violence.
- Treatment of the Security agents amounted to Cruel, Inhuman and Degrading Treatment (CIDT)
- The Nigerian state failed to protect the rights of the 1st, 3rd and 4th plaintiffs as there were multiple violations of Articles 1, 2, 3, 5, 18(3) of the African Charter; Articles 2, 3, 4(1), 4(2), 5, 8 & 25 of the Maputo Protocol; Articles 2, 3, 5(a), & 15 (1) CEDAW; Articles 2(1), 2(3), 3, 7 & 26 of ICCPR; Articles 10, 11, 12, 13 & 16(1) CAT; Articles 1, 2, 5, 7 & 8 UDHR.
- Failure of the Nigerian state to investigate and prosecute the allegations of mistreatment meted out to the plaintiffs
- Treatment of the plaintiffs amounted to gender discrimination and sexual and gender based violence.
- Treatment of the Security agents amounted to Cruel, Inhuman and Degrading Treatment (CIDT)
The court found that there was arbitrary arrest,
leading to violation of plaintiffs rights to liberty contrary to international
human rights law and Nigeria's constitution. That while there was no concrete
evidence of the physical abuse experienced, there was sufficient evidence of
the verbal abuse meted to the plaintiffs which was humiliating and degrading
especially calling them 'prostitutes' that amounted to gender based violence.
The court also found that there were no basis for the
defendants' agents to act that every woman seen 'outside at late hours at
night' was a prostitute. And even if the crime of prostitution was alleged.
This is a crime involving two persons - a man and a women whereas the agents
only picked women. Therefore this was a targeted and systematic attack against
women because of their gender and amounted to gender-based discrimination.
This is the first judgment from a regional court to
pronounce on the protocol to the African Charter on the Rights of women in
Africa (Maputo Protocol) and should be celebrated.
Note that there was no lawyer from the Nigerian
government side at the court today which in itself shows their complete
disregard to the matter.”
Osai Ojigho (Ms) Esq
Amnesty International
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