vii.
That the Applicants lacks both a cause of action and locus standi to institute
this suit.
5. DISCUSSION AND ANALYSIS BY THE COURT
The facts of this case as pleaded by the Applicants and the Defence are not
substantially in dispute. The allegations of the Applicants is that on the 20th of
September, 2013, the armed agents of the Defendant invaded an uncompleted
building occupied by the Applicants, killed some of the Applicants (as named and
represented by the 1st Applicant) and wounded the 2nd to the 12th Applicant thereby
violating their right, inter alia, to life and integrity and dignity of the human
person.
The Defendant’s admitted that they actually invaded the premises as alleged, shot,
killed and wounded some persons who were suspected to be members of the
dreaded Boko Haram Terrorists. However, their defence is that when they
approached the building in question, they were first shot at by the occupants and
they returned fire which resulted in some deaths. Accordingly, their contention is
that there was no violation of the rights of the Applicants in view of the fact that
they acted in self – defence and out of necessity.
It appears from the narration of facts by both parties that after the incident some
groups lodged various complaints to the National Human Rights Commission of
the Defendant, who requested the Nigerian Army( Security Agents of the
Defendant) to respond to the complaints. The Human Rights Commission on the
7/04/14 delivered a ruling as follows:
i.
Awarded the sum of N10 Million (Ten million Naira) as compensation for
each of the deceased or N80 million (Eighty Million Naira) in respect of
the eight deceased persons to be paid by the Defendant.
ii.
Awarded the sum of N5 million (Five Million Naira) to each of the injured
survivors to be paid by the Government of the Federation (The Defendant)
iii.
Ordered the Honourable Attorney General of the Federation and Minister
of Justice to ensure evidence of payment is lodged with the Registry of the
Human Rights Commission within thirty days of the decision.
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