earliest excuse on record was that the Nigerian Police and Ministry of Mines and
Power denied them permit to acquire and deploy dynamites to destroy the bombs
and the said agencies of Government had long given them all their requested
permits and nothing has been done by the contractors till date. Now their latest
excuse is that they are storing those lethal items because of their reasons stated at
paragraph 27 of page 8 of Document 2 that “t h eir cas e wil l b e jeop ardized
if the
b o mb s whi ch are part of th ei r ev id en ce were dest ro yed b efo re t h e
cou rt ’s vis it is
carried o ut
.”
“One wonders what the case of the 4th and 5th Respondents are before this Court
because they are not here as plaintiffs and did not Counter-claim on record.”
“1.15. The 4th and 5th Respondents, (agents of 1st, 2nd, 3rd, 6th and 7th Respondents)
stated on oath and admitted at paragraph 6 of Document 2 that they actually found
objects of threat; “war relics such as Abandoned Armored Vehicles, Gun Boats,
Fixed Anti-Aircraft Machine Guns, One crashed Military Aircraft FROM WHICH
the 4th and 5th Respondents removed unexploded bombs, bomb sites in many
p l aces , in p ubl i c bu il din g” In other words only bombs among the
threats enumerated by the field experts has been removed. The Applicants
contends that bombs are still found in their communities and the bombs they
removed are still stocked in an open place under the elements in a densely
populated mixed residential and commercial district of Owerri, Imo State.”
“1.16. The reason for our application for leave to withdrawal/discontinuance is not
because the Applicants’ failed to exhaust local remedies before coming to this
Court. The same field experts and agents of 1st, 2nd, 3rd, 6th and 7th Respondents at
paragraph 11 of the same Document 2 admitted on oath and stated as follows:“Th e 4 th and 5th Respondents partly deny paragraph (1.0.1) of page (4) of
the
Ap pl i cant s ’ pl ead ing s and s tat e t hat t he 4 TH AND 5TH
RESPONDENTS ARE
- 24 AWARE that some individuals in the past have made COMPLAINTS to various
quarters
about
the
PRESENCE
OF
BOMBS
IN
THEIR
COMMUNITIES/
ENVIRONMENT.”
“The applicants exhausted local remedies through COMPLAINTS about the
presence of BOMBS in their communities/environment but nothing came out of it
and they approached this court for justice. The bombs have not been removed.”
“1.17. The above averments of the field agent of 1 st, 2nd, 3rd 6th and 7th Defendants
conclusively annihilated the points raised in Document N0. 3 by the Counsel to 1 st,
2nd, 6th and 7th Defendants with regard to THIS SUIT BEING STATUTE
BARRED. The threats are real, present and continuous.”