(ICCPR), and Article 1 of the International Covenant on Economic, Social and
Cultural Rights (ICESCR), the Defendant submits that this court lacks the
jurisdiction to entertain this suit on grounds of the plaintiffs lack of standing and
identity, res judicata, lack of reasonable cause of action, and that the suit constitutes
an abuse of process of the court.
In purported response to the Defendants objections, the Plaintiffs submit that the
Defendant is treaty bound by international law to acknowledge and recognize that
the Niger Delta people are the de facto, natural and legitimate owners by birthright
of the Niger Delta land with all its antecedent natural resources. That this inalienable
and incontestable fundamental human right is absolutely sacrosanct and guaranteed
by the International Law Treaties, Charters and Covenants. That their application is
perfectly in accordance with the Court’s Protocol, Rules of Procedure, and the
Revised Treaty. That the objections raised by the Defendant are just legal
technicalities. The Plaintiffs further state that the Defendant is in serious breach of
its Treaty obligations in the ceaseless, incessant and relentless violations of the
Human rights of the Niger Delta people for decades.
The plaintiffs failed to address the issues raised by the defendant in the preliminary
objection. This court in its inherent jurisdiction to do justice at all times will however
proceed to analyze the issues raised in line with the facts presented by the plaintiffs
in the initiating application. This is more so as jurisdiction is determined from the
facts presented in a Plaintiffs application and not from the defence.
13