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ECOWAS Court Holds Ghana Liable for Breach of Citizen's Right to Information; Orders Release of Documents on Enforced Disappearance and Nigerian Court Orders Disclosure of FG's Agreement with X (formerly Twitter)

2024-07-15 03:31:06.911000

In a recent ruling, the ECOWAS Court of Justice held that Ghana violated the right to information of Isaac Mensah and ordered the state to provide him with the requested documents. The court specifically ordered Ghana to release documents related to the investigations on the enforced disappearance of Isaac Mensah's father. However, the court dismissed other claims sought by Isaac Mensah and the Registered Trustees of the African Network Against Extrajudicial Killings and Enforced Disappearances against Ghana regarding the arrest, detention, and disappearance of West African migrants in The Gambia in July 2005. The court declared that it had jurisdiction over Isaac Mensah's claim regarding the violation of the right to information but declined jurisdiction over the alleged violation of the prohibition against enforced disappearance, right to an effective remedy, and right to truth. Ghana has been given four months from the service of the judgment to release the requested documents to Isaac Mensah [da2b55c8].

This ruling by the ECOWAS Court of Justice highlights the importance of upholding citizens' right to information and holding governments accountable for breaches of this right. The court's decision to order Ghana to release the requested documents on the enforced disappearance of Isaac Mensah's father underscores the need for transparency and access to information in matters of public interest. This ruling serves as a reminder to governments that they have an obligation to provide citizens with the information they seek, particularly in cases involving human rights violations and enforced disappearances [da2b55c8].

In a separate development, the Federal High Court in Lagos has ordered former Minister of Information and Culture, Lai Mohammed, and the Ministry of Information to disclose the details of the agreement between the Federal Government and X (formerly Twitter) to the Socio-Economic Rights and Accountability Project (SERAP). The judgment was delivered in May 2024 by Justice Nnamdi Dimgba following a Freedom of Information suit filed by SERAP. The court held that the agreement must be disclosed in the public interest and does not affect Twitter's business interests. The court also stated that the minister failed to prove that the President followed due process to designate Twitter as a Critical National Information Infrastructure. Nigerian lawyer and human rights activist, Femi Falana, commended the judgment and called on the government to implement it. SERAP urged President Bola Tinubu to comply with the court's orders and disclose the details of the Twitter agreement [a341b9bb] [1a66690b] [a9f51b0f].

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