Firstly, the amount released by the respondent as pleaded by the
Respondent was 5.7 billion Naira but has increased to 7 billion Naira
following the testimony of the PW4.
Secondly, while Applicants maintained that no compensation was
received, the Respondent insisted that the Applicants were
compensated but did not plead nor provide any evidence of any specific
amount paid to the Applicant; meanwhile the PW4 testified that 3
billion Naira was paid to Kaduna state out of the 7 billion Naira
approved leaving a balance of 4 billion Naira.
This intriguing scenario continued to play out as the Respondent who never pleaded
any specific amount that was paid to Kaduna State, in its final written address
arrogated the payment of 3 billion Naira to Kaduna State obviously following from
the testimony of the PW. The Applicants did not hesitate to berate the respondent
for embellishing and smuggling into its written address facts not pleaded.
132. It is trite that information or facts obtained through cross examination which
not rebutted through reexaminations if it supports the cause of adverse party will be
so credited. Thus on the face of it, the testimony of the PW4 that 3 billion Naira was
paid to the Applicants by the Respondent coming from the Applicant albeit under
cross examination can be credited to it and can therefore be admissible but it will
nevertheless be given its appropriate probative value.
133. The court at this point needs to determine following issues which the
contradictions have thrown up.
1. What is the actual and proof of amount alleged to have been released by
the Respondent to the States affected by the violence of 2011?
2. What is the proof that within named Applicants were beneficiary of the
payment of the 3billion Naira alleged to be released.
While the court is inclined to attribute the testimony of PW4 in support of the
Respondent’s case, the question is whether the Court can take such adverse
testimony coming from the Applicant hook line and sinker without an analysis of its
probative value? In other words is the mere averment of payment of 3 billion Naira
conclusive to aid the court to decide the above questions.
The relief sought by the applicants is for payment of compensation for all the 827
Applicants. Any evidence upon which the Court will base its decision confirming
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