The Plaintiffs failed to adduce evidence to support their allegation. They did not attach any
photograph, or expert report to show the extent of the said degradation and its negative
impact on them personally.
In Kemi Penheiro SAN V. Republic of Ghana, supra, where the Applicant alleged the
violation of Articles 20 and 22 of the African Charter, the court held that the plaintiff
as an individual has failed to specify how he became the bearer or the holder of those
rights and how the rights have been violated by the Defendant.
In Bordes and Temeharo v. France Communication No. 645/1995, U.N. Doc.
CCPR/C/57/D/645/1995 (1996), where the claimants attempted to place the burden
of proof on the Government, the United Nations Human Rights Committee found
the case inadmissible on the ground that the claimants did not qualify as victims of
a violation.
The Committee further held that the Applicants had not substantiated their claim.
Thus, the lack of scientific certainty coupled with the burden of proof on the
Applicants, limited the claimants’ ability to obtain relief through human rights
proceedings.
The Plaintiffs have failed to establish personal injury to their persons as to entitle
them to the reliefs sought under this head.
As to the award of oil mining leases, the Defendants denied the Plaintiffs allegation
and states that the award are done in compliance with the due process in its National
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