human and difficult conditions with difficulty obtaining basic food, medications and sanitary items and the children have lost school sessions. 77. The facts as presented by the Applicants raises fundamental human right issues capable of attracting the attention of the Court with a view to establishing whether or not the allegations complained of constitute a violation of the rights of the Applicants notably the rights contained in Articles 4 and 5 of the African Charter amongst others. 78. The Court therefore holds that the Applicants have established a cause of action which is an allegation of human rights violations against the Respondent and the preliminary objection on this head is dismissed. Merit 79. Issues for determination 80. After a careful analysis of the facts as alleged by the Applicants, the Court was able to identify only one issue for determination as follows; Whether the Respondent (failed in) fulfilled their obligation to protect and prevent the violations of the human rights of the Applicants and the affected southern Kaduna Muslim victims listed in exhibits 2-20. 81. In analysing the facts on merit, the Court must first resolve the admissibility of certain documents to which the Respondent objected. The Applicants in support of their claims sought to tender certain documents namely: a. Exhibit 1 – list of Army Barracks, Divisional Police Stations and outpost Police Stations situated within and around the crisis area in Kaduna State. b. Exhibit 2-20 – List of names of those who were killed in the Mayhem. c. Exhibit 11-20 – names of persons injured and those whose properties and houses were destroyed across the communities. d. Exhibit – 21 – various pictures taken from the crisis scene e. Exhibit 22- 23 – Social media inciting message posted by one David Ayuba. f. Exhibit 26 – Photocopies of the Federal Government of Nigeria white paper report on the recommendation of the investigation panel into the said Crisis. g. Exhibit 27- photocopies of Kaduna State white paper on recommendation of the report of the investigation panel into the said crisis 21

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