Court Orders Inclusive Settlement In Compensation Case Linked To Nigeria’s Civil War

A three-judge panel of the ECOWAS Court has ordered 10 of the
third party applicants in a proceeding relating to the payment of
compensation by the Federal Republic of Nigeria over its management
of the remnants of the country’s civil war, to file before its next
sitting, the terms of their settlement.

At the resumed hearing of the suit on Monday, November 30, 2020,
the ten third party applicants informed the Court, presided over by
Justice Edward Amoako Asante that they have complied with the
Court’s earlier order to reach a settlement among the parties.

But during Monday’s sitting, the Court urged the third party
applicants to revisit the terms of settlement in the suit, which
relate to the remnants of mines and explosives from the war, in
order to ensure the outcome was inclusive of the 4th and 5th
parties who were excluded from the process.

The Court also fixed 11th February 2021 for judgment in the suit
by the third party applicant, (TP3) which had requested the Court
to deal separately with their application and also applied for a
stay of execution of the 30th October 2017 judgment of the Court in
which it adopted the terms of settlement by the 20 applicants in
the original suit filed by Vincent Agu and 19 others.

At an earlier hearing presided over by Honourable Justice Dupe
Atoki, the judge rapporteur, the Court said it was amenable to
settlement while emphasising the need for diligence in the process
to avoid wasting its time.

Her Lordship added that the Court adjourned for a period longer
than requested by the parties to enable them conclude the
settlement and file the terms of settlement in Court before the
next adjourned date, failing which the Court will proceed to hear
the preliminary objection filed by the Plaintiffs, Vincent Agu and
19 others.

The plaintiffs had filed an application challenging the
propriety of the Third Party Applicants’ before the Court. But at
hearing of Wednesday, 18th November 2020, they informed the Court
of an on-going discussion among the parties that had reached a
substantive agreement stage.

In the initial suit no ECW/CCJ/APP/06/12, Vincent Agu and 19
others claimed the violation of their rights by the Federal
Republic of Nigeria and five others including the Ministry of
Defence, the Minister of Defence, the Attorney General and Minister
of Justice as well as the two companies retained by the government
to undertake the demining exercise.

In the present suit no. ECW/CCJ/APP/06/12 consolidated, ten of
the eleven third party claimants sought to be joined as parties to
guarantee the adequate and equitable distribution of the benefits
of the Court’s Consent Judgment no ECW/CCJ/JUD/14/17 of 30th
October 2017.

The Third Party Applicants comprise traditional leaders of all
impacted communities, sites and settlements as well as victims of
mines and explosives remnants of war in the country’s Rivers, Imo,
Akwa Ibom, Delta, Ebonyi, Cross River, Abia, Enugu, Anambra and
Benue States. In the application which was filed on behalf of
themselves and as representatives of the victims and affected
communities, the Third Party Applicants are seeking an amendment
and variation of the Court’s judgment to reflect their names.

They averred that the first defendant, the Federal Republic of
Nigeria, has consented to settle the plaintiffs and affected
communities but that the suit was to enable the Court order the
variation of the mode of payment of compensations beyond the
initial plaintiffs so as to include hundreds of other communities
impacted and identified in the Court’s judgment.

They added that the persons in whose accounts the monies are to
be paid on the basis of the Court’s judgment of October 2017 were
unfamiliar persons and were not their representatives.

They equally submitted that the initial applicants approached
the Court in secrecy wherein they claimed to be also acting on
behalf of the Third Party Applicants, whereas these applicants only
heard about the suit in the media after the judgment had been
delivered without clarity on the mode of payment.

They are therefore demanding that the monies and compensations
be disbursed through the solicitors of all parties including those
of the Third Party Applicants, to ensure equity, fairness,
transparency, probity and justice for all affected victims and
communities.

On the reconstituted panel for the case were Honourable Justices
Edward Amoako Asante (presiding), Dupe Atoki (judge rapporteur) and
Januaria Moreira Costa. Justice Asante replaces Justice Keikura
Bangura who was absent.

A three-judge panel of the ECOWAS Court has ordered 10 of the
third party applicants in a proceeding relating to the payment of
compensation by the Federal Republic of Nigeria over its management
of the remnants of the country’s civil war, to file before its next
sitting, the terms of their settlement.

At the resumed hearing of the suit on Monday, November 30, 2020,
the ten third party applicants informed the Court, presided over by
Justice Edward Amoako Asante that they have complied with the
Court’s earlier order to reach a settlement among the parties.

But during Monday’s sitting, the Court urged the third party
applicants to revisit the terms of settlement in the suit, which
relate to the remnants of mines and explosives from the war, in
order to ensure the outcome was inclusive of the 4th and 5th
parties who were excluded from the process.

The Court also fixed 11th February 2021 for judgment in the suit
by the third party applicant, (TP3) which had requested the Court
to deal separately with their application and also applied for a
stay of execution of the 30th October 2017 judgment of the Court in
which it adopted the terms of settlement by the 20 applicants in
the original suit filed by Vincent Agu and 19 others.

At an earlier hearing presided over by Honourable Justice Dupe
Atoki, the judge rapporteur, the Court said it was amenable to
settlement while emphasising the need for diligence in the process
to avoid wasting its time.

Her Lordship added that the Court adjourned for a period longer
than requested by the parties to enable them conclude the
settlement and file the terms of settlement in Court before the
next adjourned date, failing which the Court will proceed to hear
the preliminary objection filed by the Plaintiffs, Vincent Agu and
19 others.

The plaintiffs had filed an application challenging the
propriety of the Third Party Applicants’ before the Court. But at
hearing of Wednesday, 18th November 2020, they informed the Court
of an on-going discussion among the parties that had reached a
substantive agreement stage.

In the initial suit no ECW/CCJ/APP/06/12, Vincent Agu and 19
others claimed the violation of their rights by the Federal
Republic of Nigeria and five others including the Ministry of
Defence, the Minister of Defence, the Attorney General and Minister
of Justice as well as the two companies retained by the government
to undertake the demining exercise.

In the present suit no. ECW/CCJ/APP/06/12 consolidated, ten of
the eleven third party claimants sought to be joined as parties to
guarantee the adequate and equitable distribution of the benefits
of the Court’s Consent Judgment no ECW/CCJ/JUD/14/17 of 30th
October 2017.

The Third Party Applicants comprise traditional leaders of all
impacted communities, sites and settlements as well as victims of
mines and explosives remnants of war in the country’s Rivers, Imo,
Akwa Ibom, Delta, Ebonyi, Cross River, Abia, Enugu, Anambra and
Benue States. In the application which was filed on behalf of
themselves and as representatives of the victims and affected
communities, the Third Party Applicants are seeking an amendment
and variation of the Court’s judgment to reflect their names.

They averred that the first defendant, the Federal Republic of
Nigeria, has consented to settle the plaintiffs and affected
communities but that the suit was to enable the Court order the
variation of the mode of payment of compensations beyond the
initial plaintiffs so as to include hundreds of other communities
impacted and identified in the Court’s judgment.

They added that the persons in whose accounts the monies are to
be paid on the basis of the Court’s judgment of October 2017 were
unfamiliar persons and were not their representatives.

They equally submitted that the initial applicants approached
the Court in secrecy wherein they claimed to be also acting on
behalf of the Third Party Applicants, whereas these applicants only
heard about the suit in the media after the judgment had been
delivered without clarity on the mode of payment.

They are therefore demanding that the monies and compensations
be disbursed through the solicitors of all parties including those
of the Third Party Applicants, to ensure equity, fairness,
transparency, probity and justice for all affected victims and
communities.

On the reconstituted panel for the case were Honourable Justices
Edward Amoako Asante (presiding), Dupe Atoki (judge rapporteur) and
Januaria Moreira Costa. Justice Asante replaces Justice Keikura
Bangura who was absent.