At the hearing of 14 October 2015, the Federal Republic of Nigeria did not put
in an appearance, nor did it produce the documents demanded by the Court. At
that same hearing, Plaintiff Counsel made further pleadings, by affirming:
1. That he had abandoned his statement concerning "illegal killing", as
previously alleged to have been committed by the Federal Republic of
Nigeria, and that hence, he was only going to make mention of a
"suspicious disappearance" of the persons cited as deceased;
2. That his request was limited to asking the Federal Republic of Nigeria to
conduct the necessary inquiries and investigations into the matter
brought, so that he would be enlightened as to the fate of the persons in
contention;
3. That at that stage of the procedure, at any rate, he was not asking for any
financial compensation.
Ill.
ARGUMENTS OF THE PARTIES
The Plaintiff purport to be dependents of the deceased or missing persons for
their daily living and support, that they had thus been permanently denied their
breadwinner, and complain of "failure of the Defendant (Federal Republic of
Nigeria) to protect the rights of the deceased persons or to take measures to
give effect to the rights provided under the African Charter on Human and
Peoples' Rights." They rely on Articles 1, 4, 5, 6 and 7 of the African Charter on
Human and Peoples' Rights (Ratification and Enforcement) Act Chapter 10 (Laws
of the Federation of Nigeria) 1990 and on Article 3 of the ECOWAS Treaty,
claiming that all the provisions therein were violated by the Federal Republic of
Nigeria, by the involvement of its police officers and security agencies in the acts
perpetrated against the alleged deceased persons.
The Plaintiff therefore seek the following orders from the Court:
-
A declaration that the Defendant failed in its obligation to respect the rights
of the deceased persons- notably the right to life;
-
A declaration that the failure and/or refusal by the Federal Republic of
Nigeria to investigate, discipline and prosecute the police officers "involved
in the arbitrary arrest, torture and unlawful killing" of the deceased persons,
constitutes a violation of certain specific rights, notably as stated in the
African Charter on Human and Peoples' Rights;
3