communities spread across Zonkwa, Fadan Daji, Gidan Maga, Daddu, Farman,
Madakiya, Matsirga, Samara Kataf, Maraban Rido, and Unguwan Rimi all within
southern Kaduna in which 85% of the killings allegedly took place.
93. Though the facts of killings and destruction of properties in the alleged
communities have been admitted as proved by the Applicants, the Court will proceed
to analyse the defence of the Respondent to determine if they are exonerated from
the mayhem that took place and therefore not in violation of their obligations to
protect the communities of the Southern Kaduna.
94. The content of Paragraph 15 (i) & (ii) of exhibit 26, it is clear admission by the
Respondent that the said crisis resulted in the death of 827 and 77 injured people and
destruction of properties worth billions. The defence adduced is that to the extent no
government personnel and/or agent perpetuated or participated in the alleged killings
and destruction of properties, they are not in violation of their obligations under
ACHPR.
95. Applicants on the other hand contend that having admitted that hundreds of the
members of the said communities were killed, the Respondent by their inaction has
violated Art 4 of the ACHPR which guarantees the right to life and which must not
be arbitrarily deprived.
96. The Court in addressing this issue notes that Member States who are signatory
to the (ACHPR) have the obligation to protect every right enshrined therein. Art 1
provides as follows:
“The Member States of the Organization of African Union parties to the
present Charter shall recognize the rights, duties and freedoms enshrined in
this Chapter and shall undertake to adopt legislative or other measures to
give effect to them.”
Further, ECOWAS Protocol on Democracy and good Governance 2001 to which the
Respondent is a signatory provides in Section 1 (h) thus;
“The rights set out in the African Charter on Human and People’s Rights and
other international instruments shall be guaranteed in each of the ECOWAS
Member States…”
97. The Respondent being a signatory to the ACHPR is bound to recognise the rights
enshrined therein and give effect to them in fulfilment of its obligation to protect.
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