That there is no proper cause of action before this court against the 2 nd
Respondent and therefore not a proper party to this suit.
That the 2nd Respondent is a component State of the 1st Respondent and not a
signatory to the ECOWAS Treaty, therefore cannot be brought to the
Community Court for Violation of Human Rights.
That the Court lacks jurisdiction to entertain this matter among others.
On the 14th October 2015, the Applicants filed an application to withdraw
and/or discontinue the suit against the 2nd Respondent.
The aggrieved Applicants have filed this application praying for the following
Declarations and Orders:
A DECLARATION THAT:
A. The Applicants’ right to dignity inherent in a human being was and is still
being breached by the Respondents.
B. The Applicants’ rights to freedom from exploitation, cruelty, inhuman and
degrading punishment and treatment was, and is still being breached by
the Respondent
C. The Applicants’ right to presumption of innocence was and is still being
breached by the Respondent.
D. The Applicants’ right to property was and is still being breached by the
Respondent.
E. The Applicants’ inalienable rights were arbitrarily breached by the
Respondents on an unsubstantiated allegation that one adult member of
their family by name Obinna Kasarachi Onwuham is a kidnapper thus
holding the Applicants vicariously guilty and hideously punished for the
alleged unsubstantiated offences of their relative.
F. The Applicants are victims of spoliation and dispossession of their
property and persons entitled to recovery of the property and
compensation.
G. The demolition of the Applicants’ three houses was illegal, unlawful,
unconstitutional, flagrant abuse and breach of the Applicants’ fundamental
human rights.
H. The acts of the Respondents in the premises of the Applicants on the 12th
day of April 2014, after the arrest of their suspect Obinna Kasarachi
Onwuham constitutes a trespass.
ORDERS SOUGHT:
i.
GENERAL DAMAGES for trespass in the amount of N50, 000,000.00
(Fifty Million Naira) only.
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