The crux of this application borders on an interstate boundary dispute
between the Ette Community and a community in Enugu State wherein some
armed thugs allegedly invaded the Ette community, attacked, harassed,
intimidated and left the Plaintiffs’ and members of their community internally
displaced.
It is pertinent that in considering an alleged violation, the Court must
establish whether the application relates to rights protected by the African
Charter or other human rights instruments to which the Defendant is a party.
In this vein, the burden of substantiating the claim in line with the above
international provisions lies on the Plaintiffs as they stand to fail if no such
evidence is adduced.
In FALANA & ANOR V. REP OF BENIN & 2 ORS (2012) UNREPORTED,
this Court held that” as always, the onus of proof is on a party who asserts a
fact and who will fail if that fact fails to attain that standard of proof that will
persuade the Court to believe the statement of the claim”. See also THE
REGISTERED TRUSTEES OF THE SOCIO-ECONOMIC RIGHTS &
ACCOUNTABILITY PROJECT (SERAP) V. THE FEDERAL REPUBLIC OF
NIGERIA AND ANOR (2016) Unreported
The Plaintiffs in establishing their case annexed series of correspondences
between the community and various offices of the Defendant with respect to
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