- 31 4 DEFENDANT/APPLICANT’S WRITTEN BRIEF IN SUPPORT OF THE PRELIMINARY OBJECTION th 8.1.29. The subject matter of this suit is in respect of a fund raising dinner organized by the 4th Defendant/Applicant in Abuja on 20th December 2014 for the building of its corporate headquarters in Abuja and for its operational expenses. The fund raising dinner was solely organized by the 4th Defendant / Applicant and not the Federal Republic of Nigeria and as such the dispute arising thereto is not one between the Plaintiffs and the state Party but is between the Plaintiffs and the Peoples Democratic Party who are individuals and not subject to the jurisdiction of the ECOWAS Court of Justice. 8.1.30. The Plaintiffs/Defendants alleged that the amount realized at the fund raising (N21.27 Billion) exceed the maximum limit of One Billion Naira election expenses allowed under Section 91 (2 – 7) of the Electoral Act 2010 (as amended) for a Presidential candidate and that donors exceeded the limit of One Million Naira donation per individual or entity. They also alleged political intimidation, planned manipulation of the February 14, 2015 Presidential election, vote buying and corruption of electoral officers against the 3rd Defendant/Respondent and 4th Defendant/Applicant. They further contended that State apparatus and media have been used to the advantage of the 3rd Defendant/Respondent against other political parties and that the 3rd Defendant/Respondent had expended N15 Billion in television adverts, bill boards and votes buying. Plaintiffs thereby alleged that their rights to equality under Article 3 of the African Charter on Human and Peoples’ Rights have been infringed upon. 8.1.31. The 4th Defendant/Applicant is contending that the issues raised by the Plaintiffs/Defendants do not fall within the jurisdiction of the Community Court of Justice under Article 9(4) of the Protocol Relating to the Court of Justice as amended by Protocol A/SP.1/01/15 because the subject matter of this case is between individuals and not among State actors. Further, since the alleged violation of the Plaintiffs rights were committed by individuals and not State actors, the ECOWAS Court being an International Court does not have jurisdiction over matters involving individuals. 4th Defendant/Applicant therefore sought for the Court’s intervention, through this Preliminary Objection, in accordance with Article 88 of the Rules of Procedure of Court of Justice of ECOWAS.