However the allegation of the Applicants that certain Fulani herdsmen perpetrated acts leading to mass killings and destructions of properties of the Agatu communities in Benue State was not denied by the Respondent. Their contention is that it was ethnic/tribal attacks for which the Respondent denies liability. It is trite law that the facts admitted need no proof. Consequently, the Court holds that the allegation of mass killings and destruction of properties of the stated community being uncontroverted has been proved. 65. Having been established by admission by the Respondent that lives were lost and properties destroyed, the Respondent ipso facto admits the violation of its obligation under Articles 1, 2, 4 and 7 of the African Charter on Human and Peoples’ Rights as claimed. Furthermore, there is no evidence of the effort by the Respondent to promptly arrest the crisis and nip it in the bud or evidence that it carried out prompt investigation to identify the perpetrators, prosecute them and redress the victim. By virtue of Article 1 of the African Charter on Human and Peoples’ Right, to which the Respondent is a signatory, the Respondent is under the obligation to recognize the rights enshrined in the charter and adopt legislative or other measures to give effect to them. In other words, the Respondent is obliged to protect the human rights of its citizens, in the instant case, the Agatu communities as guaranteed under the African Charter and prevent their violations even by private actors. 66.In a case against Cameroun during post -election crisis situation; the Association of Victims of Post Electoral Violence & INTERIGHTS v. Cameroun; Communication 272/03, paragraphs 124 – 126; The government was found wanting when the African Commission held that: “Failure to take adequate measures to prevent the violence which led to the physical harm and material damage suffered by the victims violated Article 2 of the Charter of ACHPR.” Even though the government put up a defense that the post-election failure was an Act of God, it was held that: “The State of Cameroun failed to fulfil its obligation to protect, which [is] incumbent upon the State.” 29

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