and armed uprising against authority or operations of government
(underlying theirs).
The Defendant argued that the activities of the BOKO HARAM sect in her
territory constitutes an act of insurrection, and as such the right
to life as
guaranteed in the Defendant’s Constitution is not absolute but subject to the
suppression of insurrection.
o. That the Defendant is committed to respecting the right to life,
freedom of movement, freedom of association, right to human
dignity, right to integrity and right to the security of Nigerians. That
the Defendant is also committed to ensuring the protection of human
rights contained in all international human rights instruments.
p. Furthermore, that the National Assembly of the Defendant set up the
Committee to investigate the circumstances leading to the death and
injury of the Applicants and others as contained
in the Senate
Committee Report on the Investigation on alleged Extra- Judicial
Killing in Apo Abuja, which report commended the Defendant in
many respects.
q. That the Defendant is taking steps to strengthen Security to ensure
the protection of lives and property of its citizens; and
that the
Defendants took the injured for treatment on its own expense.
Accordingly, to the Defendant, these acts are “responsive and noble
acts expected of a democratic Government” and urged the Court to
resolve issue one in favour of the Defendant and refuse the reliefs
sought by the Applicants.
With regard to issue No2, i.e. whether in the circumstances of this
case, the applicant has a cause of action and locus standi to institute
this suit, the Defendant submitted as follows:
i.
That a cause of action is a bundle or aggregate of facts which
the law will recognize as giving the Plaintiff a substantive
right to make the claim for the relief
being sought. The
factual situation must be recognized by law as giving rise to a
substantive right capable of enforcement. Where an
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