- 21 - 6.9. PLAINTIFFS’ RESPONSE TO THE 1ST AND 2ND DEFENDANTS PRELIMINARY APPLICATIONS 6.9.1. That the Court lacks jurisdiction because it is erroneously assumed by them that the Plaintiffs’ suit borders on a purported breach of the Nigerian Electoral Act, 2010 without any reference to the stated violation of Articles 3 and 13 of the African Charter on Human and Peoples’ Rights. 6.9.2. That there is a lack of course of action against the 1 stand 2nd Defendants contrary to paragraphs 7 and 16 of the Originating Application touching on their connivance and encouragement in the acts of violation of the Plaintiffs’ rights and their obvious failure to ensure due compliance with regional protocols and treaties entered into by them. 6.9.3. The 1st and 2nd Defendants are in complete misapprehension of the Plaintiffs’ case and so is their Preliminary Application/Objections. Plaintiffs’ Case As Stated 6.9.4. The Plaintiffs’ case is clearly predicated on the wanton violation of Article 3 and 13 of the African Charter on Human and Peoples’ Rights, which provides as follows: Article 3: A).Every individual shall be equal before the law, B).Every individual shall be entitled to equal protection of the law; Article 13: Every citizen shall have the right to participate freely in the Government of his country either directly or through freely chosen representatives in accordance with the provisions of the law. Every citizen shall have the rights to equal access to the public service of his country. Every individual shall have the right of access to public property and services in strict equality of all persons before the law.