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6.2.5. Jurisdiction is fundamental to any judicial proceeding. It must be clearly
shown to exist at the commencement of or during the proceedings otherwise such
proceedings no matter how well conducted and any judgment arising therefrom no
matter how well considered or beautifully written will be a nullity and a waste of
time…” Edet vs. State (2008) 14 NWLR (pt. 1106) 101 CA at pages 66-67 para.
GB ratio 4.
6.2.6. Therefore, for purposes of this Ruling/Judgment, we shall dwell on only the
legal issue of jurisdiction and or competency of this Court and of the ability of the
Applicant to bring this suit against these Defendants. The outcome of this Ruling
will lead the Court to determine if we can hear or entertain this suit and also the
Applicant’s status and ability to bring this suit. This then will enable us to determine
whether or not the human rights of the Applicant were indeed violated by any
conduct (acts or omission) of these Defendants, either individually or collectively.
6.3. OBJECTIONS BY THE 4th DEFENDANT
6.3.1. That the case of the Plaintiffs should be dismissed in its entirety, same being
frivolous, ill-conceived and an abuse of the process of this Honorable Court.
6.3.2. The Court should decline jurisdiction in this matter as none of the claims could
be brought within Article 9 of the Supplementary Protocol of the Court.
6.3.3. That the Court should decline jurisdiction in this matter because the real issue
in controversy is between the Plaintiffs and the Peoples Democratic Party, 4 th
Defendant, which is an individual party and not a State Party or against the
Community or its Institution. Or, in the alternative,
6.3.4. An Order striking out the name of the 4 th Defendant from this suit on the
ground that the Court has no jurisdiction over it not being a State Party.
6.4. PRELIMINARY OBJECTIONS OF THE 6th DEFENDANT TO THE
PLAINTIFF’S ORIGINATING APPLICATION
6.4.1. That the grounds upon which this Defense is made, the Plaintiffs have
woefully failed to establish any statutory duty which the 6 th Defendant has refused
or neglected to perform in the mode prescribed by law.