the 1st Defendant. He further contended that since the suit is for human
rights violation, the 2nd Defendant ,being an organ of the 1st Defendant,
ought not to be joined as a party, as suits of this nature can only be instituted
against a State.
Arguing the motion, the Counsel to the 2nd Defendant submitted that only
States are the appropriate Defendants in actions for human rights violation
before this Court. He relied, interlia, on the decision of this Court in
ALIMU AKEEM Vs FEDERAL REPUBLIC OF NIGERIA and urged the
Court to follow its previous pronouncement in that case.
Accordingly, since the suit was instituted against a wrong party, (in this
case the 2nd Defendant) the action is incompetent and cannot stand.
As earlier noted, the 2nd Defendant also questioned the standing of the 1st
Applicant in bringing this suit as well as its legal personality to institute
same. The 2nd Defendant therefore urged the Court to strike out the name of
the 2nd Defendant from the suit.
3.3 The 3rd Defendant.
The 3rd Defendant also raised a preliminary objection (DOC N° 9) against
the Applicants’ suit. The major planks of the preliminary objection are as
follows;
i.
That the suit is academic and constitutes abuse of judicial process.
ii.
That the 1st Plaintiff lacks locus standi to bring this suit on behalf of families
of the deceased.
iii.
That the 1st Plaintiff is not a legal person and, not being victim or relative
of a victim of any alleged human rights violation, lacks the competence
to institute this action ;
iv.
That the suit being incompetent, the Court lacks jurisdiction to entertain
same. He cited the Nigeria case, ONYEBUCHI Vs. INEC (2002) 8 N W L
R (PT 769) P. 417 at 45, where abuse of judicial process was defined as;
“It is an abuse of Court process for Plaintiff to litigate again over an identical
question which has already been decided against him. In the case of Domer Vs.
Gulf Oil (Great Britain) 1975 119 S.J 392, it was held that where proceedings
which were viable when instituted have by reason of subsequent events become
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