th 16. On 4 December 2003, the Secretariat wrote informing the parties to the communication of the African Commission’s decision and requested them to forward their submissions on admissibility within two [2] months. th th 17. At its 35 Ordinary Session held in Banjul, The Gambia, from 21st May to 4 June 2004, the African Commission examined the communication, heard submissions from the [Respondent] State th and decided to defer further consideration on admissibility of the matter to its 36 Ordinary Session. th 18. By Note Verbale dated 15 June 2004 addressed to the State and by letter bearing the same date address to the Complainant, both parties were informed of the African Commission’s decision. th rd th 19. At the 36 Ordinary Session of the African Commission held from 23 November to 7 December 2004 in Dakar Senegal, the African Commission considered the communication and deferred its th decision to the 37 Ordinary Session. th 20. By Note Verbale of 13 December 2004 and letter of the same date the Respondent State and the Complainant respectively, were notified of the decision of the African Commission. th th th 21. At its 37 Ordinary Session held in Banjul, The Gambia, from 27 April to 11 May 2005, the African Commission considered the communication and declared it inadmissible. Law Admissibility Complainant’s submission on admissibility 22. The Complainant submits that all legal, legislative and logical local remedies have been exhausted, and without explaining, claims further that the procedure adopted by President Obasanjo and the government has been “unduly prolonged, apparently unfruitful and grossly ineffective”. That President Obasanjo is being constantly fooled by false intelligence and security reports. He noted that only those who cannot handsomely bribe ‘settle’ corrupt officials get caught - scape goats! He states that this gives the impression that those indicted are the sacred cows of the Obasanjo’s regime, the untouchable merchants of death, whose activities have crippled the economy of Nigeria, even though they are close to the corridors of power. 23. He noted that this has led to an unprecedented increase in illicit arms smuggling, armed robberies, abduction, drug abuse and smuggling, miscellaneous consumer goods smuggling, petroleum products smuggling, drug money laundering politics, systematic de-industrialisation of Nigeria, mass unemployment, a constantly devalued Naira, hyper-inflation, infectious poverty levels, poor healthcare delivery, very poor and dilapidated infrastructure, infections official and informal corruption levels, low life expectancy, poor per capita income, low GDP, uncertainty, political/religious tension and relative insecurity of life and property in Nigeria. 24. He notes further that efforts of the Customs and the Police are cosmetic. That they advertise very attractive adverts or programmes on TV that deceive Nigerians that they are working. The culprits are not apprehended or prosecuted, so far they ‘settle’ very well. The Police wildly extort money from commercial motorists. Bosses of the Police, Customs, NAFDAC and the NDLEA do this so as to attract more budgetary allocations. The President appears content with very attractive security reports. Officers lobby and bribe to get very lucrative postings and for sure-they pay [sic] returns. 25. The Complainant notes further that the President has “not made good his promise since 1999 that there shall be no sacred cows and that he shall investigate and prosecute all the economic saboteurs, once he was notified”. Apparently, the President is afraid to prosecute smugglers, drug barons and all those indicted. 26. He states that his late wife was assassinated to stop him in 1999 and he sued the suspects at the Lagos High Court in 1999 and he was frustrated out of court by Justice Ashiyanbi and Olugbani who corrupted judges by suspiciously adjourning the matter for years without the suspects showing up in court. The Police illegally abducted him twice, first between 31st August and 4th September 1999 and served him poisoned food at Panti, Lagos. He was abducted again by the Police between 21st and rd 23 June 2000 and starved for the period.

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