“Once state authorities are aware of an incident, they should without delay
institute an impartial and effective means to unravel the truth.”
See VELASQUEZ RODRIGUEZ V. HONDURAS, JUDGMENT JULY 29,
1988, INTER-AM. CT.H.R (SER. C) NO. 4 (1988).
122. The conclusion is that a prompt, effective, impartial investigation must be
conducted in fulfilment of a States’ obligation under the ACHPR and other
international human rights instruments to which it is a signatory. With regards to the
case at hand, exhibits 26 & 27 are evidence that the Respondent did in fact conducted
a prompt and impartial investigation. Prompt; because the crisis took place on the
18th/19th April 2011 and the panel of investigation was set up on the 11 th of May
2011. Impartial; based on the composition of the panel which include clerics of both
warring religions, private individuals and community elders and leaders. The
Applicants have not raised a violation of this obligation as they indeed tendered the
2 exhibits (26&27) which supports this fact.
123. It is instructive that the Respondent objected vehemently to the admission of
the said exhibits which greatly supports the fact that it fulfilled its obligation to
conduct an investigation into the crisis. It is even more so when on the other hand it
relied heavily on its content to establish compliance with the recommendations
contained therein including payment of compensations to the victim.
124. The Court therefore holds that the Respondent is not in violation of its
obligation to conduct an investigation into the said crisis.
125. Allegation of Failure to pay compensation
126. Applicants claim that the Respondent failed to pay any compensation to the
victims and therefore put up the following claims.
A. 839 lives killed at N22, 982,428.00 per person is N1, 947,909,894.00
B. 88 injured persons at N100, 000.00 per person is N8, 800,000.00
C. 664 houses looted, vandalized and burnt/destroyed N1, 892, 286, 580.00.
D. Household items looted/destroyed N32, 680, 000.00
E. Office structures and assets looted and destroyed N181, 952,970.00
F. Motor vehicles burnt during the Mayhem N102, 350,000.
34