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6.9.5. The 1st and 2nd Defendants wrongly imagined that the Electoral Act as a
municipal law can be isolated from the International Laws where its breach results
to acknowledged Human Rights violations by the state actors.
Plaintiffs’ Legal Argument
6.9.6. It is a well-established law in the Nigerian legal jurisprudence, that any
municipal law which is in conflict with the Charter is void. (see ELEGUSHI VS.
ATTORNEY GENERAL, FEDERATION (2000) FWLP, pt.1 pg. 89.
6.9.7. Therefore as a corollary, any State act in conflict with civilized standards as
guaranteed by the African Charter on Human and Peoples Rights (ratification and
enforcement) Act of which Nigeria is a signatory is liable to adjudication by
Regional and International Courts as established to which Nigerian Government and
its State actors and agencies are bound and answerable to.
6.9.8. In this respect, we commend to this Court the reference to Article 4 of the
Revised Treaty of ECOWAS, under which the 1st Defendant signatory State pledged
allegiance to the Principles of recognition, promotion and protection of human and
peoples’ right in accordance with provisions of the African Charter on Human and
Peoples’ Rights.
6.9.9. The erroneous impression the 1st and 2nd Defendants want to convey is that the
act under review is a local issue, when it acknowledged it was committed by the
principal State actors who appropriated the Nigerian House, (Aso Villa) and
permitted and caused to be organized an illegal and obscene fund raising donation
of over N21 Billion as a presidential candidate of the 4 th Defendant, which act we
submit violates not just the Nigerian Electoral Laws, which is an off shoot of the
African Charter but in specific terms, Article 13 and 3 of the African Charter on
Human and Peoples’ Right of which Nigeria is a notable signatory.
6.9.10. We submit that the Defendants humiliated and intimidated the Plaintiffs and
violated the Plaintiffs right to equal access and use of public property was further
violated when at such fund raising dinner caused to be organized by the 3 rd
Defendant had as donors, Government agencies, Government Contractors and
elected Governors and other with tax payers funds illegally donated to the 3rd
Defendant, which acts violated the human rights of the Plaintiff as presidential
candidates to the equality before the law as guaranteed by the African Charter.