DECISION:
The Court adjudicating in a Public sitting after hearing the Parties in the last resort
after deliberating in accordance to law.
DECLARES:
As to the Preliminary objection: Dismisses the Defendants case and holds the case
Admissible.
(II)
AS TO THE MERITS:
DECLARES THAT:
(1) The demolition of the Plaintiffs property, namely one unit of bungalow
consisting of 15 bedrooms and two sitting rooms, one bungalow consisting
of seven bedrooms and one sitting room, and one unit of bungalow
consisting of six bedrooms and a sitting on account of and unsubstantiated
allegation of the offence of kidnapping and without trial is illegal, unlawful
and violated;
(i)
(ii)
(iii)
The Plaintiff’s right to fair hearing and presumption of
innocence as guaranteed by Article 7 of the African Charter of
Human and Peoples’ Rights,
The Applicant’s right to property under Article 14 of the
African Charter on Human and Peoples’ Rights;
Violated the Applicant’s right to dignity as enshrined in Article
of the African Charter on Human and Peoples’ Rights.
2.
ORDERS
(i)
The Defendant to pay the sum of One hundred million Eighty nine
thousand, one hundred and forty naira (N100, 089, 140.00) being special
damages representing the total cost of the buildings and other household
items destroyed by the Defendants.
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