129. Having held that the Respondent has failed in its obligation to protect the lives
and properties of the Applicant, the Court will now proceed to analyse the arguments
of both parties with regards to compensation payable.
The case of the applicants is that they did not receive any compensation from the
respondent. The respondent on the other hand pleaded that they released the sum of
5.7Billion naira to the 9 states affected by the violence including Kaduna state but
did not plead the amount released for nor the amount paid to the Applicants who are
victims from Kaduna State. No evidence was submitted in support of the alleged
release of 5.7 Billion Naira. While it is trite that the burden of proof lies on the party
that alleges a fact, the onus will however shift to the other party who has custody of
the evidence to rebut same. Therefore on the face of it, the applicants having alleged
nonpayment of compensation have the onus to prove same. In this instant what proof
is expected of the Applicants? Obviously only the plea of nonpayment of
compensation is sufficient to set the stage for a shift of onus to the Respondent who
pleaded release of 5.7 billion Naira to the 9 affected States to prove that the named
Applicants were beneficiary of the released sum. Unfortunately this averment by the
Respondent was not supported any evidence.
130. The Court recalls an interesting scenario that played out when after
examination in chief and under enquiry by the court a plaintiff witness (not a party)
PW4 testified that 7 billion Naira was approved while 3 billion Naira was paid
leaving a balance of 4 billion Naira. Below is the extract of the testimony.
Court: I want to know, what is the amount the state provided to help to repair
the damages done after the crisis? How much? What is the total amount that states
gives to the people?
BALA: My Lord, there are two (2) stages of that payment. One is by the State
Government and the other one by the Federal Government. The Federal Government
have approved 7 Billion Naira (N7, 000,000,000.00) to be paid to the victims. Which
3 Billion Naira (N3, 000,000,000.00) was released leaving a balance of 4 Billion
naira (N4, 000,000,000.00) that is from the federal side, which is still pending at the
moment. The State Government have provided one hundred thousand Naira (N100,
000.00) to each household as compensation. That was the position.
131. The court at this point is presented with contradictory statements out of which
it must make sense to determine if indeed the applicants have received compensation
as alleged. This contradiction is as confusing as it is confounding.
36