such payment must be explicit and conclusive to establish the fact that each of the
named Applicant was paid.
134. The court will now analyse the issues raised above by subjecting the testimony
of PW4 to the probative test, in other words has this testimony added value to the
Respondent’s case?
1) What is the actual amount alleged to have been released by the Respondent
to the States involved in the violence of 2011?
As it stands, the Court is presented with two different amounts released by the
Respondent. a) 5.7 billion Naira to all the 9 affected States which was pleaded by
the Respondent. b) 7 billion Naira as testified to by the PW4. This testimony does
not indicate to whom the release was meant for. However from the PW4’s statement
that “ the Federal Government have approved 7 billion Naira which 3 billion Naira
was released leaving a balance of 4 billion Naira that is from the Federal side”, the
ordinary interpretation is that in the absence of any evidence to the contrary, since
he is the Applicants’ witness he can only speak for the Applicants therefore the 3
billion Naira was for the payment of the Victims of Kaduna State and thus the
balance of 4 billion can only be outstanding in their favour. This is clearly in
contradiction with the pleading of the Respondent that 5.7 billion was released for
ALL the 9 affected states. In this wise, the testimony of the PW4 cannot avail the
cause the Responded as the totality of his testimony leads to a conclusion that the
whole 7 billion was meant for victims of Kaduna States only.
135. Having not provided any evidence to support the claim that 5.7 billion Naira
was released and having found that the averment of PW4 is inconsistent with
Respondent’s pleadings the Court holds that the Responded did not establish that
any amount was released to the 9 affected states particularly Kaduna state.
2) What is the proof that within named Applicants were beneficiary of the
payment of the 3billion Naira alleged to be released.
136. From the analysis of the facts presented before the court no such evidence has
been placed before it to substantiate any payment made to the named applicants save
the oral testimony of PW4 that 3 billion was paid to unidentified persons. The court
notes that following the testimony of PW4, the payment of 3 billion Naira was
exported into the final written address of the Respondent, but same having not been
pleaded in its defence cannot be canvassed as proof of payment via the such
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