50. The police
invited and obtained statements from the
I
publishers of the Newspaper, who denied knowledge of the
publication and admitted that the authors of the publications
did so without verifying the circumstances of the death of
Onyebuchi Ngozi, the deceased who was allegedly killed in
the Bundu incident, and the 2 publishers, Prince Okaranto
and Owei Sikipi, were charged for the offences.
51. In addition, the 3rd to 5th defendants raised a preliminary
objection on the jurisdiction of this Court to entertain this
action, on the following grounds:
a. That the allegation of breach of rights by the plaintiffs is
misconceived and a deliberate ploy to interfere with the
executive powers of the 3rd defendant.
b. That the 3 r d -
5th
defendants are not proper parties to
the suit, not being Member States.
c. That the suit is an abuse of process, being a proliferation
of similar suit pending before the National court.
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ANALYSIS OF THE COURT
52. The defendants raised preliminary issues for detern1ination
by this Court, which are summarized as follow: