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6.1.28. An Order directing the restitution and payment of US$300 Million damages
to the Plaintiffs as Exemplary Damages against the Defendants for the losses
suffered over the violation of their rights.
6.1.29. An Order of this Court compelling the confiscation and deposition into Court
the sum of N21.27 Billion Presidential Campaign Fund as illegally accepted by and
in possession of the 3rd and 4th Defendants and due sanctions thereof.
6.2. PROCEDURE
6.2.1. The initiating Application (Document number 1) was lodged in this Court on
January 23, 2015 and was accordingly served on the Defendants.
6.2.2. The Defendants filed their respective Statements of Defense in response to the
Originating Application, raising several very important issues of both law and fact.
In addition to their Statements of Defense, the Defendants respectively filed
Preliminary Objections to the suit of the Applicants, challenging this Court’s
jurisdiction and competency to entertain this suit, as well as questioning the
Applicant’s own ability to bring this suit, and requesting this Court to dismiss this
suit.
6.2.3. It is a general principle of law that all courts, including the ECOWAS
Community Court of Justice, when their competency or jurisdiction is called into
question, must stop everything and determine its own competency or legal authority
to hear the particular case. This case presents no exception to this fundamental
principle of law.
6.2.4. “The issue of jurisdiction is serious and exceptional in all matters so much that
it cannot even be compromised by parties or the court. Parties cannot individually or
by consent or agreement confer a right on an issue bordering on jurisdiction. The
competence of a court to adjudicate upon a matter is a legal and constitutional
prerequisite without which a court is a lame duck. Courts are creatures of statutes
and their jurisdiction is confined, limited and circumscribed by the statutes which
created them. A court cannot in essence give itself or expand its jurisdictional
horizon by misappropriating or misconstruing statutes.” EFCC vs. Ekeocha (2008)
14 NWLR (pt.1106) 161 CA, at 178.