Similarly, the Senate of the National Assembly of the Defendant carried out an
investigation in which they made a report attached to this proceedings. The Report
suggested that some persons arrested by the Security Agents of the Defendant
confessed to being members of the Boko Haram Sect, who intended causing
mayhem in the Federal Capital Territory, Abuja. In the Report, Agents of the
Defendant explained that the invasion of the uncompleted building at Apo Abuja
was based on proactive intelligence gathered by the Security Agencies and that
standard rules of engagement were applied where Terrorists attack law
enforcement agencies.
Although this Court is not bound by the Report of either the National Human
Rights Commission or the Senate Report of the Defendant, it is noteworthy that
majority of the findings and recommendations contained in the latter report was
not supported by any evidence properly so called. The Security Agencies were
merely interviewed and whatever they said were taken hook line and sinker. It
equally appears that the Applicants were not parties properly so called, nor were
any of the surviving Applicants interviewed by the Senate investigating panel with
regard to their own side of the story.
There is consensus on the part of the Applicant and Defendant as to the events of
20th September 2013 that necessitated the current action; namely:
That the Security Agents of the Defendant acting on presumed intelligence report
invaded an uncompleted building at Apo, Abuja, Nigeria and in the course of their
operations killed the deceased named in this suit as represented by the first
Applicant and also injured the 2nd to the 12th Applicants. However, there is
divergence as to whether the killings and/ or injuries are justified.
The Defendant posits that the death of the deceased and injury to the Applicants
was committed in their exercise of the right of self- defence and necessity as
provided for by law having been fired at first by the occupants of the building.
Making reference to Article 4(2) of the AU Convention on the Prevention and
Combating of Terrorism Act which enjoins State Parties to adopt any legitimate
measures aimed at preventing and combating terrorism acts in accordance with
the provisions of the Convention and their national legislation, the Defendant
submitted that pursuant to the above, she enacted the Terrorism (Prevention) Act
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