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Jurisdiction Over The Defendants
8.1.4. Going further, we shall examine each of the Defendants to determine their
being subject to the jurisdiction of this Court, or the case falling within its
competency. We observe:
(a.) The 1st Defendant is the Federal Republic of Nigeria. We find that the Federal
Republic of Nigeria is a Member State of ECOWAS and as such is a proper party
against whom suits can be brought for violating the human rights of the Applicant.
8.1.5. In the instant case, the allegations of violation do not state what specific action
the Federal Republic of Nigeria committed or omitted. The originating Application
states the following against the 1st Defendant:
“The 1st Defendant is a Member State of the Economic Community of
West African States who subscribed to protect and ensure due
compliance and enforcement of the provisions of the African Charter.”
See count four of the complaint.
8.1.6. Further as to the 1st Defendant, the Plaintiffs state:
“The law requires the 1st Defendant member state, the 2nd, 5th
and 6th Defendants to investigate and inquire into the 3rd and
4th Defendants violation and desecration of the laws and
prosecute and convict them appropriately in accordance with the
laws.” See count 13 of the complaint.
8.1.7. The complaint merely states who the 1 st Defendant is and what its functions
and duties include as a sovereign state. In count 13, supra, the Plaintiffs say the 1 st
Defendant did not investigate, prosecute and convict those persons the Plaintiffs
accused of illegally raising funds for their political activities. The Complaint
however does not state that the Plaintiffs lodged their complaint and the 1 st
Defendant refused, failed and neglected to investigate the said complaint. Neither
did the Plaintiffs say they reported the illegal fund-raising to any competent authority
of the 1st Defendant and that such persons did not act; nor do they say whether they
were prevented from pursuing their complaint, and if so, by whom, and what next
step they took to pursue their rights.