Similarly, in Gabriel Inyang & Anor v. The Federal Republic of Nigeria ECW/CCJ/JUD/20/18 this court agreed with the holding in the case Adekeya vs. FHA (2008) 11 NWLR Pt. 1099 that: “(A) cause of action is a fact or combination of facts which establishes or gives a right of action. It is the factual situation which gives a person a right to judicial relief. In order words, a cause of action is the operative fact (or facts) that gives rise to a right of action, which itself is a remedial right…A right of action is the right to enforce a cause of action. A cause of action accrues the moment a wrong is done to the Plaintiff by the defendant…” 20. The Court further held that, in making a determination as to whether the applicants have stated a cause of action to attract the attention of the Court, the averments in the Application must be searched to determine whether a wrong is alleged over which this court has the jurisdiction to address. It is trite that the claim of the Plaintiff determines the jurisdiction of the Court to entertain an action. In summary, the allegations of the Plaintiffs are that the series of attacks and killings carried out in their community and other neighboring communities by some unidentified Fulani Herdsmen have resulted to a wanton destruction of lives and properties leaving thousands of them internally displaced under deplorable conditions and bereft of basic necessities such as food and medical care. That over 1000 people have been killed and hundreds of thousands living in deplorable makeshift camps. That the Respondents have failed to take action to stop these attacks but rather allowed the Fulani militias to unlawfully carry sophisticated assault weapons. 21. The Applicants alleged that the Respondents’ failure to honor its obligations to protect their human rights under International human rights instrument to which the 1st Respondent is a member constitutes a wrong doing against them and violates their fundamental human rights as provided for under Articles 1, 3, 4, 6, 23 and 24 of the African Charter on Human and Peoples’ Rights. This raises a fundamental issue against the Respondents and this is sufficient cause of action. This does not however suggest proof of allegation of the Applicants claim. 22. Based on the above, the Court is of the view that the Plaintiffs have made out a reasonable cause of action against the Respondents. The objection of the 10

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