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6.4.9. And for such further Orders as this Honorable Court may deem fit to make in
the circumstances of the case.
Summary of Plea in Law
6.4.10. The Applicants in brining this matter before this Court have failed to exhaust
the local remedies available under Articles 50 and 56(5) of the African Charter on
Human and Peoples’ Right which is the International norm under which this Action
is brought before this Court
6.4.11. This Court lacks jurisdiction to entertain this matter. This Honorable Court
made it clear in ESSIEN V. REPUBLIC OF GAMBIA, NO.1(2009) CCJELR
(PT.2) (PP. 15 -16) para 45 -5.
6.4.12. The citizens of Nigeria, including the Plaintiffs have a duty to report cases of
commission of crime to the Police for investigation.
6.5. PRELIMINARY OBJECTIONS OF THE 4TH DEFENDANT
6.5.1. That this Honorable Court lacks the jurisdiction or competence to entertain the
suit on the ground that the real issue in controversy is between The Plaintiffs and the
Peoples Democratic Party (4th Defendant/Applicant) which is an individual party and
not a State Party and the action is not against the Community or its Institution.
PLEAS OF FACT AND LAW RELIED UPON
6.5.2. On 20th December, 2014, the 4th Defendant/Respondent organized a fund
raising dinner for the building of its corporate headquarters in Abuja and for its
operational expenses. The Plaintiffs/Defendants brought this action seeking for a
Declaration that the fund raising dinner organized by the 4th Defendant/Respondent
was in breach of section 91(2 – 7) of the Electoral Act of 2010 (as amended) and
that their rights to equality under Article 3 of the African Charter on Human and
Peoples’ Rights were violated. They further claim the sum of $300 Million as
Exemplary Damages against the Defendants for losses suffered as a result of the
violation of their rights.