- 20 - 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.

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