85. They point adopted out and that the applied activity before Environmental towards embarking on Impact assessing the it. They Assessment possible impact referred to section Act of any 1992 was planned 20 of the Nigerian Constitution which provides for the protection of the environment and submit that Defendants have put in place adequate legislative framework. 36. They submit that Article 2(1) of ICESCR lays down the basis for determining States’ non compliance with the provisions of the Covenant. In that regard, the Defendant by virtue of section 13 of the Constitution adopted policies aimed at implementation of the instrumentality of the provisions Niger Delta of the Covenant. Development That Commission, through the people the of Niger Delta have been enjoying the rights contained in the Covenant and that the Defendants have discharged their obligations under the Covenant. 3/7. They refer to Plaintiff's allegation of violations of Article 16 of the African Charter and Article 12(1) of ICCPR and submit that in so far as Plaintiff made no prayers on them and led no evidence in proof, they are deemed abandoned. 388. On Plaintiff allegation of pollution, they submit that the existence of pollution needs to be proved by expert evidence or at least evidence of people affected supported by medical report; that having failed to so prove the Plaintiff's averments remain mere allegations. 39. They admit oil spillage but aver that as admitted by the Plaintiff, the spills are mainly as a result of vandalisation of pipelines and sabotage by youths of Niger Delta. 90. They refer to the Land Use Act which vests ownership of land in the Federal Government and submit that the issue of infringement of Article 14 of the African Charter does not therefore arise. Analysis of the Court on the merits 91. The Court notes that the African Charter on Human Plaintiff alleges violation of several articles of the and Peoples’ Rights, the International Covenant on 22|Page