throughout the night cannot be said to be prompt. The Respondent having failed to
provide adequate and timely security to prevent the killing of all who died and were
injured in Zonkwa, Fadan Daji, Gidan Maga, Daddu, Farman, Madakiya, Matsirga,
Samara Kataf, Maraban Rido, and Unguwan Rimi all within Southern Kaduna
before and during the alleged crisis is in violation of its obligation under Articles 1
& 4 of the ACHPR to respect, promote and ensure the right to life.
114. Allegation of Failure to arrest and prosecute perpetrators.
115. The Applicants further alleged that the Respondent made no arrest nor
prosecute any of the perpetrators even when some of them were identified by names.
Exhibit 26 @ page 17 paragraph 15 (iii) confirms the Applicants’ claim when it
states that:
iii. “There was no arrest in connection with those killings in Kaduna State
South Senatorial District……”
In admitting its failure highlighted above, the Respondent @page 18 stated that:
“It directs the Inspector-General of Police and Attorney General of the
Federation to double their efforts in apprehending and prosecuting the
perpetrators.”
116. The Respondent did not file any evidence before the Court in support of
compliance with above directive or that arrests were made at any time before. The
importance of punishment of perpetrators cannot be overemphasised both in the
protection and the prevention of the violation of such rights. States are expected to
bring to book perpetrators in accordance with the provisions of the sanctions
provided for in the criminal law of that particular state. Sanctions could range from
imprisonment to offering of public apology depending on the extent of the liability
of the perpetrator in the alleged violation. However, the state responsibility is to
ensure that required punishment is enforced to act as a deterrent and prevent
subsequent or future occurrence. The African Commission has held that:
“Failure of states to investigate and prosecute allegations of unlawful killings
or to provide redress to victims has amounted to a violation of Article 4
provisions.”
See COMMUNICATION 266/03, KEVIN MGWANGA GUNME ET AL V.
CAMEROON (2009), PARA 122; COMMUNICATION 272/03, ASSOCIATION OF
VICTIMS OF POST ELECTORAL VIOLENCE & INTERIGHTS V CAMEROON
(2009), PARA 115.
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