Judiciary
The Applicant also cited the scores of people killed during political clashes in several parts of the country including, the invasion of Ogoniland in the country’s Rivers State during which killed three unarmed youth were allegedly killed without any investigation and the prosecution of the culprits among others.
The plaintiff also alleged that soldiers killed hundreds of worshipers at a religious convention of the Islamic Movement in Nigeria with the bodies of 347 of the victims buried in mass graves while the family of the leader of the group, who were not at the venue, were attacked in their home by the soldiers resulting in the killing of three of his children and the burning of some houses.
The Applicant contended that the continued attacks, killings, and destruction of property by military, police, herdsmen, and other unknown perpetrators across the country amount to serious violations of human rights including the rights to life, to security and dignity of the human person as well as property.
The Applicant, therefore, is asking the Court for a declaration that the attacks, killings, raping and maiming of citizens and other residents and destruction of property and other serious human rights violations and abuses across the country amount to the failure of the Respondent to exercise due diligence and therefore constitutes a serious breach of Nigeria’s international human rights obligations and commitments to ensure and secure the rights to life, to dignity and security of the human person, and to property, guaranteed under the African Charter on Human and Peoples’ Rights, and the UN International Covenant on Civil and Political Rights to which Nigeria is a state party.
It urged the Court to direct the Respondent to investigate all cases of
unlawful killings noted herein and pay adequate money compensation of N50 million to each of the dependents among others.
On the other hand, the Respondent denied the capacity and the mandate of the Applicant and demands strict proof of the allegations.
In relation to the alleged violations committed against members of the Islamic Movement of Nigeria, the government said that the Movement was proscribed as a terrorist organization by an order of the Federal High Court while its leader IMN Sheik Ibrahim El Zakzaky is currently facing trial at the Kaduna State High Court on an eight (8) count charge of culpable homicide.
Furthermore, the Respondent stated that the alleged victims of the religious convention (particularly Shiek El Zakzaky and his wife) instituted suits for the enforcement of their fundamental rights before the Federal High Courts sitting at Abuja and Kaduna while the government’s appeal of the decision of the Federal High Court in a suit filed by its leader against the State Security Services and others was pending before the Federal High Court.
It also denied violating the right of persons agitating for the State of Biafra in the eastern part of Nigeria whose sponsor, the Indigenous People of Biafra (IPOB), was proscribed by Federal High Court in 2017 as a terrorist group, and therefore cannot enforce their rights while its leader who was facing trial has jumped bail.
The Respondent dismissed as ‘wild allegations,’ claims that armed herdsmen were responsible for violations in Benue and Taraba States as the Applicant was unable to prove the existence and death of five hundred (500) people.
In respect of the alleged violation of human rights in the Odi Community, the Respondent denied same and stated that the community instituted a suit before the Federal High Court, Port-Harcourt and were awarded a sum of N37.6 billion and that all affected persons have been duly compensated while the government entered into a consent judgment with the parties in a suit filed over the violations in the Zaki Biam Community.
In response to the claim of alleged violations of human rights of the people of the Gbaramotu Kingdom in the country’s Niger Delta, the Respondent said that the affected persons initiated several suits at the Federal High Court for the enforcement of their fundamental rights and were paid 192 million by the government upon the judgment of the court.
The Respondent contended that the Applicant instituted this suit to embarrass the Federal Government as most of the issues raised in the suit have either been settled or are at the Appeal courts for further interpretation and final resolution.
The Respondent pleaded res judicata in the present suit since the Applicant cannot institute an action on behalf of people that have sought solace at the Federal High Court of Nigeria by themselves on the same facts and issues.
The Respondent, therefore, prayed the court to dismiss this suit for lack of merit.
Also on the panel were Honorable Justices Gberibe Ouattara and Januaria Costa
– April 27, 2021 @ 18:44 GMT
Tags: ECOWAS court dismisses suit against Nigeria over killings since 2002
