Headline

African Court Upholds Right To Self-determination Of Saharawi People

Published

3 years ago

September 25, 2022

The African Court on Human and Peoples’ Rights in Arusha, Tanzania has in a landmark judgment held that “the Moroccan occupation of Western Sahara is a serious violation of the right to self-determination.”

The court held that “all states have legal obligations to assist the Sahrawi people in the full realisation of their right to self-determination and independence.”

The judgment delivered last week followed a suit filed by human rights lawyer Femi Falana SAN against eight African Union member states before the court over “the failure of the countries to discharge their legal duty to defend the sovereignty, territorial, integrity and independence of Western Sahara.”

The case brought on behalf of Bernard Anbataayela Mornah, a Ghanaian citizen and the National Chairman of the Convention of People’s Party, a political party in Ghana against Burkina Faso; Cote D’ivore; Ghana; Mali; Malawi; and Tanzania relates “to the legal duty on the defendants to defend the sovereignty, territorial, integrity and independence of Western Sahara.”

In the judgment, the African court held that “the presence of Moroccan forces in Western Sahara is a military occupation, which violates international law.”

The judgment, read in part: “The continued occupation of the SADR by Morocco is incompatible with the right to self-determination of the people of SADR as enshrined in Article 20 of the African Charter on Human and Peoples’ Rights.”

“The Court notes that at the core of the instant Application lies the Applicant’s allegation that the admission of Morocco to the AU was not opposed by Respondent States in spite of their individual and collective obligation to defend the sovereignty of Western Sahara.”

“Considering the facts of the case and the submissions of the parties, the Court is of the view that the present Application is essentially and firmly linked to the right to self-determination, particularly, the right of the Sahrawi people to obtain assistance in their struggle for freedom from foreign occupation.”

“Although the other rights are autonomous by their nature, their violation in the instant case basically flows from the alleged denial of the right to self-determination of the people of Western Sahara.”

“It is the occupation of the SADR and the deprivation of its people of their right to self-determination that have occasioned and facilitated the alleged violations of their other rights, including their right to development, right to disposal of their natural resources, their right to peace and to non-discrimination.”

“The Court observes that the notion of self-determination has strong resonance with Africa and carries a special and deep meaning to its people. Colonisation, apartheid, military occupation and various forms of foreign oppressions that the continent experienced has defined the African identity and history as inherently and inextricably intertwined with the struggle for self-determination.”

“The African States have also consistently exhibited unwavering commitment to the right to self-determination by supporting or sponsoring resolutions adopted in the United Nations and other regional and international fora.”

“Despite the fact that the Constitutive Act of the AU, did not explicitly mention the right to self-determination, the defence of ‘the sovereignty, territorial integrity and independence of its Member States’ is specified as one of the objectives of the Union.”

“The Constitutive Act also makes the promotion and protection of human and peoples’ rights in accordance with the African Charter on Human and Peoples’ Rights, and other relevant human rights instruments’ its additional objective.”

“The Charter guarantees the right to self-determination under its Article 20 as follows: All peoples shall have the right to existence. They shall have the unquestionable and inalienable right to self-determination. They shall freely determine their political status and shall pursue their economic and social development according to the policy they have freely chosen.”

“States are required to take actions individually and jointly to facilitate the realization of the right to self-determination, including by offering assistance to people struggling for independence and freedom from domination.”

“On the other hand, negative obligations involve the duty to respect the right, that is, abstaining from engaging in acts or taking measures that adversely affect people from fully enjoying their right to self-determination.”

“The Court also observes that in international law, the right to self-determination has achieved the status of jus cogens or a peremptory norm; thereby, generating the corollary obligation erga omnes on all States. As such, no derogation is permitted from the right and ‘all States have a legal interest in protecting that right’.”

“Where a peremptory norm is breached, States are also under an obligation not to recognize the illegal situation resulting from such breach and not to render aid or assistance in maintaining the situation.”

“Furthermore, the Court recalls that the obligations resulting from the right to self-determination are owed by States not only towards those who are under their jurisdiction but also to all other peoples who are not able to exercise or have been deprived of their right to self-determination.”

“In line with this, Article 20 of the Charter confers the right to get assistance on ‘all peoples’ without geographical or temporal limitations.”

“The Court observes that the right to self-determination is essentially related to peoples’ right to ownership over a particular territory and their political status over that territory. It is inconceivable to materialise the free enjoyment of the right to self-determination in the absence of any territory that peoples could call their homeland.”

“The Court recalls that although Morocco has always laid claim on the territory it occupies, its assertion has never been accepted by the international community.”

“The Court recalls that in international law, a State incurs international responsibility where three cumulative conditions are proven to have existed: an act or omission violating international law, that is, an internationally wrongful act; the act must be attributed to a State (attribution); and the ac must cause a damage or loss (causal link).”

“In addition, there should not be circumstances precluding responsibility. These conditions are spelt out in the International Law Commission’s Articles on Responsibility of States for Internationally Wrongful Acts and have been generally considered as reflecting customary international law.”

“The Court also reiterates that the right to self-determination under Article 20 of the Charter imposes an international obligation on all State Parties to take positive measures to ensure the realisation of the right, including by giving assistance to oppressed peoples in their struggle for freedom and refraining from engaging in actions that are incompatible with the nature or full enjoyment of the right.”

“The Court notes that, in view of the fact that part of the SADR’s territory is still under occupation by Morocco, there is no question that State Parties to the Charter have an obligation, individually and collectively, towards the people of SADR to protect their right to self-determination, particularly, by providing assistance in their struggle for might have resulted from such occupation.”

“All State parties to the Charter and the Protocol, as well as all Member States of the AU, have the responsibility under international law, to find a permanent solution to the occupation and to ensure the enjoyment of the right to self-determination of the Sahrawi people and not to do anything that would give recognition to such occupation as lawful or impede their enjoyment of this right.”

“The Moroccan occupation of part of the territory of the SADR seriously violates the right to self-determination and independence of the Sahrawi people.”

“Consequently, the Court finds, AU Member States have an obligation to assist the Saharawi people in the realisation of their right to self-determination and not to recognise the situation and violations resulting from this illegal occupation.”

“Indeed, the right to self-determination and independence “imposes an international obligation on all States Parties to take positive steps to realise this right, including assisting oppressed peoples in their struggle for freedom and refraining from actions incompatible with the nature or the full enjoyment of this right.”

The suit with application number 028/2018, read in part: “The territory known as Western Sahara in North Africa was forcefully and illegally colonized by Spain for several years until it pulled out and relinquished its claim as a colonial power over the territory in February 1976 as a result of the violent resistance of the Saharawi people.

“The defendants are members of the African Union which have accepted the competence of the Protocol of the African Court on Human and Peoples’ Rights on the Establishment of the African Court on Human and Peoples’ Rights.”

“Despite the illegal occupation of Western Sahara by Morocco not less than 84 countries have accorded diplomatic recognition to the Saharawi Arab Democratic Republic, a member state of the African Union. In Liberia, Sierra Leone and The Gambia the Economic Community of West African States (ECOWAS) intervened militarily to restore democratic governments with the support of the African Union.”

“In line with the provisions of its Constitutive Act, the African Union suspended Niger, Burkina Faso and other member states of the African following unconstitutional change of governments.”

“From the facts in support of this application it is indisputable that the defendants are members of the African Union which are bound to comply with its Constitutive Act as well as the African Charter on Human and Peoples Rights (African Charter) the Protocol on Democracy, Good Governance and Elections of the African Union as well as the International Covenant on Civil and Political Rights (ICCPR).”

“The gravamen of the complaint of the Applicant is that the Defendants took part in the decision of African Union to admit Morocco to the African Union when it has not ceased to occupy parts of the territory of Western Sahara, a member state of the African Union.”

“It is the submission of the Applicant that by supporting the admission of Morocco to the African Union the defendants deliberately violated articles 3(b), (g), (f) and (g) of the African Union which require them to defend the sovereignty, territory, integrity and independence of the members states of the African Union including Western Sahara.”

“The defendants have colluded with Morocco in the subversion of the basic principles of the African Union to respect the borders existing on achievement of independence.”

“The African Charter on Human and Peoples’ Rights which provides that: ‘’Nothing shall justify the domination of a people by another. All peoples shall have the unquestionable and inalienable rights to self-determination. They shall freely determine their political status.”

Headline

Nigerian Jailed Six Years In U.S. For Sextortion

Published

16 hours ago

November 16, 2025

Editor

Imoleayo Samuel Aina, also known as “Alice Dave,” a 27-year-old Nigerian national, has been sentenced to six years in federal prison following his conviction on multiple charges connected to the sexual extortion and subsequent death of a young man in Pennsylvania.

The sentence, handed down by United States District Judge Joel H. Slomsky, includes 72 months of incarceration, five years of supervised release, and a restitution payment of $3,250. Aina had earlier pleaded guilty to cyberstalking, interstate threats to injure reputation, receiving proceeds of extortion, conspiracy to commit money laundering, and wire fraud.

Aina and his co-defendant, Samuel Olasunkanmi Abiodun, were initially arrested in Nigeria in July 2024 and subsequently extradited to the United States. Another co-defendant, Afeez Olatunji Adewale, remains in Nigeria pending extradition. Abiodun, 26, was sentenced to five years in June 2025 for his role in money laundering and wire fraud related to the same sextortion scheme.

U.S. Attorney David Metcalf described Aina as “the driving force behind this sextortion scheme, which left a young man, and then his family, traumatised.” He added, “The Department of Justice won’t just stand by when innocent victims in the U.S. are harmed by criminal scammers overseas. As this case shows, we can — and we will — find, prosecute, and hold accountable these insidious sextortionists who terrorise people for money.”

Wayne A. Jacobs, Special Agent in Charge of the FBI’s Philadelphia Field Office, emphasised the wider message of the prosecution. “This case is a powerful reminder of the profound harm sextortion inflicts on young people and their families, and of our unwavering commitment to pursuing those who perpetrate it.

“Whether you are in the United States or operating from abroad, the FBI and our partners will relentlessly pursue you. If you exploit our youth, we will bring you to justice.”

The investigation, conducted jointly by the FBI and the Abington Township Police Department, was supported by multiple international and Nigerian authorities, including Nigeria’s Attorney General, the Economic and Financial Crimes Commission, and the Ministry of Justice’s International Criminal Justice Cooperation Department.

Aina’s co-defendants played complementary roles in the scheme. Abiodun functioned as the financial intermediary, while Adewale, who remains in Nigeria, faces charges of money laundering conspiracy and wire fraud.

Assistant United States Attorney Patrick Brown, prosecuting the case, noted the international collaboration required to secure Aina’s extradition and conviction. “This prosecution demonstrates that national borders do not shield those who exploit and defraud others. Those who choose to target the vulnerable should understand that justice will reach them, regardless of location,” he said.

Headline

UK Ends Automatic Benefits For Asylum Seekers In Major Reform

Published

16 hours ago

November 16, 2025

Editor

Britain’s interior minister on Sunday defended plans to drastically reduce protections for refugees and end automatic benefits for asylum seekers, insisting that irregular migration was “tearing our country apart”.

The measures, modelled on Denmark’s strict asylum system, aim to stop thousands of migrants from arriving in England from northern France on small boats — crossings that are fuelling support for the anti-immigrant Reform UK party.

But the proposals were criticised as “harsh and unnecessary” by the Refugee Council charity and are likely to be opposed by left-wing lawmakers within Prime Minister Keir Starmer‘s embattled Labour government.

“I really reject this idea that dealing with this problem is somehow engaging in far-right talking points,” Home Secretary Shabana Mahmood told BBC television.

“This is a moral mission for me, because I can see illegal migration is tearing our country apart, it is dividing communities.”

Presently, those given refugee status have it for five years, after which they can apply for indefinite leave to remain and eventually citizenship.

But Mahmood’s ministry, known as the Home Office, said it would cut the length of refugee status to 30 months.

That protection will be “regularly reviewed” and refugees will be forced to return to their home countries once they are deemed safe, it added.

The ministry also said that it intended to make those refugees who were granted asylum wait 20 years before applying to be allowed to live in the UK long-term, up from the current five years.

It also announced that it would create “new safe and legal routes for genuine refugees” through “capped work and study routes”.

Asylum claims in Britain are at a record high, with some 111,000 applications made in the year to June 2025, according to official figures.

The Home Office called the new proposals, which Mahmood will lay out in parliament on Monday, the “largest overhaul of asylum policy in modern times”.

It said the reforms would make it less attractive for irregular migrants to come to Britain, and make it easier to remove those already in the country.

– Benefits crackdown –

A statutory legal duty to provide support to asylum seekers, introduced in a 2005 law, would also be revoked, the Home Office said.

That means housing and weekly financial allowances would no longer be guaranteed for asylum seekers.
It would be “discretionary”, meaning the government could deny assistance to any asylum seeker who could work or support themselves but did not, or those who committed crimes.

Starmer, elected in July 2024, is under pressure to stop migrants crossing the Channel in small boats from France, something that also troubled his Conservative predecessors.

More than 39,000 people, many fleeing conflict, have arrived this year following such dangerous journeys — more than for the whole of 2024 but lower than the record set in 2022.

Reform, led by firebrand Nigel Farage, has led Labour by double-digit margins in opinion polls for most of this year.

Enver Solomon, chief executive of the Refugee Council, urged the government to rethink its plans, saying they “will not deter” the crossings.

“They should ensure that refugees who work hard and contribute to Britain can build secure, settled lives and give back to their communities,” he said.

Labour is taking inspiration from Denmark’s coalition government — led by the centre-left Social Democrats — which has implemented some of the strictest migration policies in Europe.

Senior British officials recently visited the Scandinavian country, where successful asylum claims are at a 40-year-low.

Refugees in Denmark are entitled to a one-year renewable residency permit, and are encouraged to return home as soon as authorities deem there is no longer a need for a safe haven.

Family reunions are also subject to strict requirements, including a minimum age for both parents, language tests and guarantees of funds.

Labour’s more left-wing lawmakers will probably oppose the plans, fearing that the party is losing voters to progressive alternatives such as the Greens.

Headline

Overcrowding, Security Lapses Plague Nigerian Prisons —EU

Published

18 hours ago

November 16, 2025

Editor

A report by the European Union Agency for Asylum has revealed that Nigeria’s custodial centres are battling “escalating security challenges.”

The report, sighted by Sunday PUNCH, was published in November 2025. It documented a decade-long pattern of prison escapes in the country, explaining why the custodial centres are confronting rising jailbreaks, citing persistent security lapses.

“Over the past decade, Nigeria has experienced a pattern of prison jailbreaks, resulting in thousands of inmates escaping correctional facilities nationwide,” the report noted.

Highlighting systemic weaknesses, the report cited overcrowding, structural deficiencies, and chronic underfunding as major contributors to the problem.

“One incident occurred in March 2025, when 12 inmates escaped from the Koton Karfe Medium Security Custodial Centre in Kogi State. Only five were recaptured.

“This marked the fourth jailbreak at this facility in 13 years, where nearly 700 inmates have fled, including about 100 freed during a 2012 Boko Haram attack,” it stated.

Observers attribute the recurring breakouts to “security gaps, together with possible insider complicity, which exacerbate the prisons’ vulnerabilities, especially amid attacks by armed groups like Boko Haram.”

Beyond security concerns, the report said overcrowding and poor infrastructure continued to strain the country’s correctional system.

“The country’s more than 240 prisons currently house over 80,000 inmates, with two-thirds awaiting trial.

“The observers also point to systemic issues such as overcrowding, outdated infrastructure, poor inmate conditions, slow judicial processes, and widespread corruption,” the report said.

“International bodies have also criticised the state of Nigeria’s detention system,” it stated.

Following a September 2024 visit, the United Nations Subcommittee on Prevention of Torture described conditions in detention centres as “abysmal,” citing inadequate food, healthcare, and sanitation.

“Their assessment described conditions in most detention facilities as ‘abysmal.’ Additionally, Nigeria had not yet established a National Preventive Mechanism as required under the Optional Protocol to the Convention against Torture, which Nigeria ratified in 2009.

“The Subcommittee called on Nigeria to urgently implement measures to prevent torture and ill-treatment, improve detention conditions—particularly in police stations and similar facilities—and enforce legal safeguards to end impunity for perpetrators of torture,” the report read.

The report also raised concerns over the continued use of the death penalty.

It added, “In Nigeria, the death penalty is a ‘lawful punishment’ imposed nationwide, including for offences that do not meet the threshold of ‘most serious crimes’ under international law.

“Although no executions have been carried out since 2016, courts across the country still regularly issue death sentences. In 2023, Nigerian courts issued over 246 new death sentences, raising the total number of individuals on death row to more than 3,413.”

In May 2024, the Senate proposed a bill to increase the maximum penalty for drug trafficking from life imprisonment to death, a move that has faced opposition from various stakeholders, including legislators, the United Nations Office on Drugs and Crime country representative, as well as activists and legal professionals.

“Such a proposal has reignited debate over the continued use of the death penalty in the country, with some authorities questioning the sustainability of retaining capital punishment.

“Further, although legal provisions allow for commutation of sentences by governors or chief judges after extended incarceration, inconsistencies in application have left many inmates in legal limbo,” said the report.

The Nigerian Correctional Service revealed in July 2025 that the country had 3,833 inmates on death row.

The report further stated that the African Commission on Human and Peoples’ Rights has urged Nigeria to “impose a moratorium on executions, a stance supported by the European Union and United Nations.”

It added that the detention conditions remained “harsh,” falling short of United Nations minimum standards for prisoner treatment.

Media reports and information from the Nigerian Correctional Service website indicated that thousands of inmates have escaped from 13 custodial facilities between 2019 and 2025, including many awaiting trial for serious offences such as terrorism and armed robbery.

In response to the ongoing wave of jailbreaks that has plagued custodial centres nationwide over the past years, the Controller General of the Nigerian Correctional Service, Sylvester Nwakuche, recently vowed to enforce strict disciplinary action against any officers found to have been negligent.