There is no evidence before this court that this recommendation has been complied
with. If the Respondent has paid any compensation to the Applicant, same has not
been proved before this Court. The court is a court of justice and not of speculations,
its decision must be based on facts laid before it.
140. While no sufficient value can be placed on life, in consideration of all facts
before it, the Court awards the sum of 5 million to each of the next of kin as
compensation for violation of the right to life of the 827 named Applicants as listed
in Exhibit 26.
141. Compensation for injury suffered.
142. The Court has earlier stated that infliction of injury is a violation of article 6 of
the African Charter that guarantees the right to security of persons. Reparation in
this wise will be in form of compensation as restoratio in integrum will more often
than not be impossible. Having clarified earlier that the number of the injured is 71,
the Court will now procced to analyse if they are entitled to the compensation
claimed for injury suffered.
143. It is trite law that a party claiming for compensation for a loss or harm must
proof same in detail and value. In the instant case the Applicants have not provided
details of the nature of the injury such as that the injury led to the loss of a leg, an
eye, permanent incapacity or any other harm or wound which is directly linked to
the act or inaction of the Respondent, such injury. The claim is neither supported by
any medical report. Even when the type of injury is proved. the damages resulting
from same needs to be established. From the claim of the Applicant, each injured
person is ascribed the sum of 100, 000.00 Naira. The Court is inclined to ask if the
injuries sustained by the 71 victims are alike to command the same amount of 100,
000.00 Naira per person. The Court is not a charitable organization. In the absence
of specific details of the injury sustained by the Applicant and proof thereof, their
claims fail and same is hereby dismissed.
144. Compensation for office structure.
The Applicants’ claim for office structure looted/destroyed is in the sum of
181,952,970,00 Naira. However, the court notes that the claim was not pleaded at
all in the context of the number of offices looted/destroyed, the location, the
description and more. This claim was only imputed in the compensation list. Same
being unsubstantiated fails and the court so holds.
145. Compensation for Loss of properties
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