to set up a committee to look into the matter and for carrying out measures to prevent
future occurrence.
3. That the Respondents did not in any way breach or violate the fundamental human
rights of the victims of the 2011 post-election violence as no government personnel
and/or agent was said to have perpetuated or participated in the alleged killings and
destruction of properties.
4. That the Federal Government by their action did not infringed on or violate the
Applicants’ right to life; to sanctity and integrity of human person; guaranteed by
the Constitution of the Federal Republic of Nigeria 1999, Articles 1, 2, 3, 4 and 5 of
the African Charter on Human and People’s Rights; Articles 2, 3, 8, 12, and 25, of
the Universal Declaration of Human Rights; Articles 2, 3, 6 and 26, of the
International Covenant on Civil and Political Rights, Articles 2, 3, 5, 10, 11, and 12
of the International Covenant on Economic, Social and Cultural Rights
5. That the application of the Applicants be dismissed.
53. Legal analysis of the Court.
54. The Respondent filed a preliminary objection which was heard and reserved for
judgement. The Court will now address the issues raised in the said objection.
55. Issues for Determination for the Preliminary Objection.
1. Whether the Applicants has the Locus Standi to institute this action for
themselves and on behalf of all Muslim members of Southern Kaduna State
victims.
2. Whether there is any cause of action for Applicants to institute this suit.
56. Whether the Applicants has the Locus Standi to institute this action for
themselves and on behalf of all Muslim members of Southern Kaduna State victims.
With regards to whether the 1st Applicant has the locus standi to institute this action
for other victims, the court has held in plethora of cases that non-governmental
organisations (NGOs) and public spirited individuals can institute actions on behalf
of group of victims usually from a community or class of people based on common
public interest to claim for the violation of their human rights, because this group
may not have the knowledge and the financial capacity to maintain legal action of
such magnitude which affects the rights of many people, as Public interest issues are
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