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6.8.12. The Defendants cited case of Peter David vs. Ambassador Ralph Uweche
(2010) CCJELR 213 is not applicable in the instant case as the facts and parties are
not related. This is between affected individuals and the State and its elected
representative as principal State actor.
On the Court’s Jurisdiction
6.8.13. The Community Court of Justice established by Article 15 of the ECOWAS
treaty is the main judicial organ of the Community
6.8.14. The Supplementary Protocol (AP/SP.1/01/05) modified the ECOWAS
Treaty and conferred on the Court competence to determine cases of human rights
violation that occur in any member state of the Community.
6.8.15. The Protocol on Democracy and Good Governance imposes on the States the
obligation to apply the African Charter on Human and Peoples’ Rights as well as
other international instruments in their respective States.
6.8.16. There is no doubt about the Court jurisdiction over the 1st Defendant, Nigeria
by virtue of its being a signatory to the ECOWAS Treaty and other Community
Instrument including the Protocol on Democracy and Good Governance to
adjudicate any case of alleged violation of human rights for which it should be held
accountable.
6.8.17. The act of violation of Plaintiffs’ human rights by the sitting President and
presidential candidate in Nigeria using the State House is an act of the State liable to
due adjudication by this Court and due sanction, more so, where an illegal donation
of N21.27 Billion was accepted and kept by 3 rd Defendant in the State House thus
deliberately monetizing the polity with the report of alleged bribing of clericsreligious leaders of CAN and Traditional Rulers and other vote buying accusations
to the detriment of the Plaintiffs.
6.8.18. Plaintiffs urge this Honorable Court to dismiss the 4th and
5thDefendants’Preliminary Objection with heavy cost and proceed to expeditiously
hear the Plaintiffs’ case as presented before it.