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“11. The Plaintiffs’ state that the 3rd Defendant Presidential candidate Fund Raising
of N21.27 Billion violated the rights of the Plaintiffs of equality before the law and
to freely choose representative in a level playing field for all the Presidential
candidates at the election in accordance with the provision of the law.”
8.1.15. All these are allegations of the conduct of an individual, and we have already
declared that this Court does not exercise jurisdiction over the persons of individuals.
Therefore, the complaint as to this individual is hereby dismissed; that he is the
President is irrelevant as to the admissibility of this case against and individual.
8.1.16. The 4th Defendant: People’s Democratic Party –
The complaint states: “The 3rd Defendant is the sitting elected President of Nigeria
and the nominated presidential candidate of the 4 th Defendant, a registered political
party in Nigeria in the February 14, 2015 presidential election as scheduled.” See
count 5 of the complaint.
8.1.17. As can be seen regarding the 4th Defendant, the Complaint only mentions in
passing that the 4th Defendant is a registered political party in Nigeria in the February
14, 2015 presidential elections. It does not say anything further as to what specific
act the 4th Defendant committed, which constituted a violation of the Plaintiffs’
human rights. Of course, the more substantial issue is that the 4th Defendant is not a
Member State of ECOWAS and as such not amenable to the jurisdiction of the
Community Court of Justice. This legal inhibition thus renders this suit inadmissible,
and therefore we are compelled to dismiss this case as to the
4th Defendant. Chief Frank Ukor v. Rachad Laleye and Alinnor
ECW/CCJ/APP/01/04;Moussa Leo Keita v. Republic of Mali,
ECW/CCJ/APP/05/06.
8.1.18. Next, we go to the 5th Defendant: The Independent National Electoral
Commission. The complaint states in count 6 that:
“6. The 5th Defendant is the Electoral umpire and agency of Government charge with
the responsibility of conducting elections and monitoring compliance of electoral
laws by registered Political Parties in Nigeria.”
8.1.19. Again, and as stated in respect of other Defendants, the complaint does not
state in clear terms what acts of the 5th Defendant in keeping with its mandate spelled
out above constituted a violation of the human rights of the Plaintiffs, which are
cognizable before this Court.