See page Page 17 paragraph 15 (i) & (ii) of Exhibit 26 states:
(i) “The number of persons who lost their lives or sustained injuries and
suspects arrested in various states are shown below – Kaduna- 827 lives lost;
71 people injured; No of arrest- Not applicable
The Court will therefore give credence to the number listed in Exhibit 26 which is
827 and hold that the death of the named 827 victims have been established/proved
103. The Court therefore holds that the Respondent failed in its obligation under
Article 1&4 of the ACHPR to protect the right to life of the 827 of the within named
applicants listed in exbibt 26 from Zonkwa, Fadan Daji, Gidan Maga, Daddu,
Farman, Madakiya, Matsirga, Samara Kataf, Maraban Rido, and Unguwan Rimi all
within southern Kaduna district.
104. Allegation of injury.
The Applicant claimed that 88 persons were injured in the said violence. Article 6
of the African Charter recognizes and protects both liberty of person and security of
person. Injury is a violation of the right to security of person
The General Comment No 35 of the Human Right Committee on Art 9 of the
Convention on the right to liberty and security of persons (which is pari material to
Art 6 of the Charter) states that as follows;
. “Liberty of person concerns freedom from confinement of the body, Security of
person concerns freedom from injury to the body and the mind, or bodily and mental
integrity. The right to security of person protects individuals against intentional
infliction of bodily or mental injury, regardless of whether the victim is detained or
non-detained.”
Injury having been recognised as a right and its infliction prohibited under Art 6 of
the Charter, the claim of the Applicant thereof will be addressed under the
consideration for compensataion. Review,
The Applicant’s claim in respect 88 injured persons is for N100, 000.00 per person
is N8, 800,000.00. The Court notes that Exh 26 page 17 lists the number of injured
persons as 71. As concluded in paragraph 84 above, the Court will again give
credibility to Exh 26 and find that the number of persons injured is 71.
105. Allegation of Violation of Rights to Property
106. Article 14 of the African Charter on Human and Peoples’ Rights guarantees the
peaceful enjoyment of property as follows:
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