Barred as contended by the 1st, 2nd 6th and 7th Respondents in Document 3. This suit
is not statute barred because the threat complained of is in continuum.”
- 18 “The 4th and 5th Defendants (Field Experts and agents of 1st, 2nd, 3rd , 6th and 7th
Defendants never denied the injuries of the Applicants but simply stated at
paragraph 13 of page 6 of their defence (Document 2) that “4 th and 5th
Respondents aver that they are not in a position to state where and when the
applicants sustained
t h ei r i n ju ri es o r wh ere they co
me fro m”
“The 4th and 5th Defendants never denied the presence of unexploded bombs and
threats associated thereto but gave excuses why they have continued to disobey the
orders of this court made on the 7th day of November 2013. The earliest excuse on
record was that the Nigerian Police and Ministry of Mines and Power denied them
permit to acquire and deploy dynamites to destroy the bombs and the said agencies
of Government had long given them all their requested permits and nothing has
been done by the contractors till date. Now their latest excuse is that they are
storing those lethal items because of their reasons stated at paragraph 27 of page 8
of their defense that “t h ei r case wil l b e jeo pardi zed i f th e bo mb s wh i
ch are part o f
t h ei r ev id en ce were des tro yed befo re th e co u rt ’s vi sit
is carri ed out”
“The 4th and 5th Respondents, (agents of 1st, 2nd, 3rd, 6th and 7th Respondents) stated
on oath and admitted at paragraph 6 that they actually found objects of threat; “war
relics such as Abandoned Armored Vehicles, Gun Boats, Fixed Anti-Aircraft
Machine Guns, One crashed Military Aircraft FROM WHICH the 4 th and 5th
Respondents removed unexploded bombs, bomb sites in many places, in public
b ui ldi ng ” In other words only bombs among the threats enumerated by the
field
experts has been removed. The Applicants contends that bombs are still found in
their communities.”
“The reason for our application for leave to withdrawal/discontinuance is not
because the Applicants’ failed to exhaust local remedies before coming to this
Court.”
“The same field experts and agents of 1st, 2nd, 3rd, 6th and 7th Respondents at
paragraph 11 of the same Document 2 admitted on oath and stated as follows:“Th e 4 th and 5th Respondents partly deny paragraph (1.0.1) of page (4) of
the
Ap pl i cant s ’ pl ead ings and st at e th at t he 4 TH AND 5TH
RESPONDENTS ARE AWARE that some individuals in the past have made
COMPLAINTS to various quarters
about
the
PRESENCE
OF
BOMBS
IN
THEIR