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 19

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