“The applicants exhausted local remedies through COMPLAINTS about the presence of BOMBS in their communities/environment but nothing came out of it and they approached this court for justice. The bombs have not been removed.” “The above averments of the field agent of 1 st, 2nd, 3rd 6th and 7th Defendants conclusively annihilated the points raised in Document N0. 3 by the Counsel to 1 st, 2nd, 6th and 7th Defendants with regard to THIS SUIT BEING STATUTE BARRED.” “We urge the Honorable Court in exercising her discretion to take judicial notice of the fact that as averred at paragraphs 4 and 5 of Document 10, the Applicants’ Counsel in a bid to better themselves attended the 7 th Judicial Retreat of this Honorable Court held at Owerri, Imo State of Nigeria from 6 th to 7th July 2015 and imbibed the lessons learnt from there. Considering how thorough the Honorable Court is, this suit if allowed to proceed as presently constituted will still come to the inevitable stone wall of jurisdiction arising from suing a wrong person.” “Even if the parties elect to waive the issue of jurisdiction arising from wrong defendants just because the said wrong defendants have joined issues; that will not remedy the fact that they are not state parties. It is trite law that parties cannot waive issues of substantial jurisdiction like proper parties.” “It is trite law that the Court lacks jurisdiction when wrong defendants are sued as in this case and it will serve the immediate and enduring interest of justice to terminate this suit on the grounds of want of jurisdiction due to wrong parties than to occupy the time of the Court in vain after the awareness that accompanied the said 7th Judicial retreat of this Honorable Court. It is also trite law that the proper order to make when Court lacks jurisdiction due to suing a wrong party is striking out and not dismissal.” “We therefore urge the Court to grant the Applicants’ reliefs sought in Document 10 and strike out the suit and not dismiss it.” “REPLY ON POINT OF LAW TO APPLICATION OF THE 4TH AND 5TH RESPONDENTS A GAINST APPLICA NTS’ MO TION F OR LEAVE TO DISCONTINUE THIS SUIT” “INTRODUCTION” - 20 “On the 14th day of September 2015, the Applicants filed their application for LEAVE of this Honorable Court to allow them withdraw/discontinue this suit