The Defendant failed to show that they have effectively investigated the alleged
assault and demand of 300 CFA sum by its officials.
The alleged incident occurred on the 14th of November 2014, despite series of
communications issued to the authorities of the Defendant by Plaintiff and the
INTERPOL Nigeria respectively, they failed to respond or send a report on the
incident.
The Plaintiff submits that the Defendant conducted its investigation on the 11th day
of March 2015, over 10 months of its becoming aware of the incident and 4 months
during the pendency of this suit. This shows lack of diligence by the Defendant in
the discharge of its duties. The Defendant did not controvert or challenge this
allegation. Fact uncontroverted are therefore deemed admitted.
In FERNANDEZ ORTEGA ET.AL V. MEXICO. INTER.AM CT.HR (SER C)
No.215 (Aug 2010), the court noted that the State had the burden to provide
conclusive information to disprove the alleged facts and having provided no
evidence in contradiction of the plaintiff’s claim has failed to discharge that burden
and so found the state responsible.
It is the obligation of every state to carry out an impartial, prompt and effective
investigation once an incident occurs within its territory. In this case, this has not
been done.
In Assenov V. Bulgaria, (1998) EHRR 1998-VIII. §102.The Court noted that an
investigation should “be capable of leading to the identification and punishment of those
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