117. Similarly, this Court has held in plethora of cases that member States have a
duty to protect all persons on its territory and to investigate and punish all acts of
violations committed on its territory. See Hadijatu Mani Koraou v. The Republic of
Niger (2004-2009) CCJELR p 240; Sidi Amar Ibrahim & Anor v. Republic of Niger
(2011) ECW/CCJ/JUD/02/11; Badini Salfo v. Burkina Faso (2012)
ECW/CCJ/JUD/13/12; Tidjani Konte v. Republic of Ghana; Obioma Ogukwe V
Republic of Ghana, (2016) ECW/CCJ/JUD/20/16 para 8.3.
118. The admission by the Respondent in exhibit 26 supra that no arrest was made
supports the allegation of the Applicant that it failed to put in place measures to
identify and punish perpetrators in fulfilment of its obligation to prevent the violation
of the human rights of the Applicants’ communities. In view of the facts that there
is no evidence before the Court to show that some persons have been charged and
are being prosecuted, the court finds that the Applicants’ claim that the Respondent
did not arrest or prosecute any perpetrators of the attack has been proved.
Consequently,
119. The Court therefore holds that the Respondent failed to promptly arrest and
prosecute the suspects of the mayhem which led to the killing of over 800 (Eight
Hundred) Muslim of southern Kaduna in Kaduna State. It therefore holds that it is
in violation of its obligation under Article 1 of the ACHPR to protect and prevent
the violation of the rights of the members in Zonkwa, Fadan Daji, Gidan Maga,
Daddu, Farman, Madakiya, Matsirga, Samara Kataf, Maraban Rido, and Unguwan
Rimi.
120. Allegation of Failure to conduct a prompt and impartial investigation.
121. The Applicant allege that the Respondent failed to conduct prompt and effective
investigation into the crisis. Where a State is aware of the occurrence of acts
amounting to violation of human rights in its territory and fails to carry out effective
investigation into the violation so as to identify those responsible and hold them
accountable, such State will be in violation of its obligation under international law.
In an Application where an allegation of the violation of the right to life and failure
to investigate was made, the Court held that:
“The right to life imposes an obligation on States to investigate all acts of
crime and bring perpetrators to book.”
SEE DEYDA HYDARA JR & 2 ORS V REPUBLIC OF GAMBIA
ECW/CCJ/JUD/17/14 unreported
Equally the Inter American Court stressed that:
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