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5
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4.5. Rights to participate in Government are a right guaranteed by the regional laws
and African Charter on Human and Peoples’ Rights.
4.6. No candidate at any election, no matter the status is allowed to place himself or
his political party over and above the laws to the disadvantage of the other candidates
as inflicted on the Plaintiffs by the Defendants.
4.7. The law requires that candidates at elections are governed by the same laws on
equal basis so as to preserve their rights of equality before the law. See Section 91,
93, 100 (2) of the Electoral Act 2010, Sections 38(2) of companies of allied Matters
Act (CAMA). The 1999 Constitution, Section 11(b).
See Article 3, 13 and 19 African Charter on Human and Peoples’ Right.
6. FACTS AND PROCEDURE
6.1. NARRATION OF FACTS BY THE PLAINTIFFS
6.1.1. The 1st and 2nd Plaintiffs are a registered political party in Nigeria and VicePresidential candidate for the February 14, 2015 presidential election.
6.1.2. The Plaintiffs have constitutional right in Nigeria to sponsor candidates and
contest elections at all levels including the presidential election of February 14,
2015.
6.1.3. The Plaintiffs aver that their rights as guaranteed by the provision of the
African Charter on Human and Peoples’ Rights to equality before the laws and
participate freely in government through freely chosen representatives in accordance
with the laws has been grossly violated by the Defendants since the 5 th Defendant
Notice of Election on February 14, 2015 general elections including the presidential
election scheduled for February 14, 2015.
6.1.4. The 1st Defendant is a member state of the Economic Community of West
African States who has subscribed to protect and ensure due compliance and
enforcement of the provisions of the African Charter. While the 2nd Defendant is the
chief law officer in Nigeria charged with the duties of prosecuting offenders and
violators of the laws in Nigeria in collaboration with the 6 th Defendant as
investigating authority.