the terrorists were occupying the building. As the members of the
Army and State Security Service approached the vicinity, several
gunshots were fired at them from the building in response to which
they fired gunshots into the building as a means of self- defence.
j. They further contended that as a normal cause of events following
a shootout, there is more often than not the loss of lives within the
vicinity. Regrettably, this was not an exception as some
persons were killed and wounded while the operation was on.
k. Further to the raid, the Defendant deployed members of the Nigerian
Security and Civil Defence Corps to convey the Applicants and the
deceased to Asokoro Hospital for appropriate medical care. The
officers could not carry out this assignment until day break at about
8.00am on September 21, 2013 to avoid being harassed or attacked
by aggrieved members of the Community.
l. That the Government of the Defendant is committed to the security
of lives and properties of Nigerians. There is no action or policy of
the Federal Government or any of its agencies that encourage murder
of any section of Nigerians as the Constitution of the Federal
Republic of Nigeria recognizes the right to life of every Citizen.
m. That the Defendant cannot be said to have violated Articles 3,5,7
and 8 of the Universal Declaration of Human Rights or Articles 5,6
and 7 of the African Charter on Human and Peoples’ Rights because
the Defendant has a “sacrosanct” duty to protect the lives, properties
and well-being of citizens of the Country.
n. That the Senate Report commended the agents of the Defendants for
averting what would have been a major terrorist attack in the City of
Abuja in view of the fact that three (3) Members of the sect were
arrested.
The 2nd and 3rd Defendants (whose names have been struck out) also filed the
statements of defence in the same line with the Defendant. However, since they
are no longer parties, the processes filed by them are of no consequence to the
determination of this Application.
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