human and difficult conditions with difficulty obtaining basic food, medications and
sanitary items and the children have lost school sessions.
77. The facts as presented by the Applicants raises fundamental human right issues
capable of attracting the attention of the Court with a view to establishing whether
or not the allegations complained of constitute a violation of the rights of the
Applicants notably the rights contained in Articles 4 and 5 of the African Charter
amongst others.
78. The Court therefore holds that the Applicants have established a cause of action
which is an allegation of human rights violations against the Respondent and the
preliminary objection on this head is dismissed.
Merit
79. Issues for determination
80. After a careful analysis of the facts as alleged by the Applicants, the Court was
able to identify only one issue for determination as follows;
Whether the Respondent (failed in) fulfilled their obligation to protect and prevent
the violations of the human rights of the Applicants and the affected southern
Kaduna Muslim victims listed in exhibits 2-20.
81. In analysing the facts on merit, the Court must first resolve the admissibility of
certain documents to which the Respondent objected. The Applicants in support of
their claims sought to tender certain documents namely:
a. Exhibit 1 – list of Army Barracks, Divisional Police Stations and outpost
Police Stations situated within and around the crisis area in Kaduna State.
b. Exhibit 2-20 – List of names of those who were killed in the Mayhem.
c. Exhibit 11-20 – names of persons injured and those whose properties and
houses were destroyed across the communities.
d. Exhibit – 21 – various pictures taken from the crisis scene
e. Exhibit 22- 23 – Social media inciting message posted by one David Ayuba.
f. Exhibit 26 – Photocopies of the Federal Government of Nigeria white paper
report on the recommendation of the investigation panel into the said Crisis.
g. Exhibit 27- photocopies of Kaduna State white paper on recommendation of
the report of the investigation panel into the said crisis
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