(P) ARTICLE 9 (1)(A) OF THE SUPPLEMENTARY PROTOCOL (A/SP.1/01/05) ESTABLISHING THE COMMUNITY COURT OF JUSTICE.
(Q) ARTICLE 9(1)(G) OF THE SUPPLEMENTARY PROTOCOL (A/SP.1/01/05) ESTABLISHING THE COMMUNITY COURT OF JUSTICE.
(R) ARTICLE 6 AND 7(1) OF THE INTERNATIONAL LABOUR ORGANATION CONVENTION.
NAMES AND ADDRESS OF THE APPLICANTS/PLAINTIFFS
The applicants/plaintiff(f)s are:-
(1) Messrs incorporated trustees of original inhabitants Development Association of FCT Abuja Nigeria, a registered not for profit, non-governmental entity incorporated under part C of the companies and allied matters Act Cap C 20 Laws of the Federal Republic of Nigeria 2004, of No.16 Karu extension Abuja, standing in a representative capacity for and on behalf of the entire of indigene original inhabitants Development Association of FCT Abuja Nigeria.
(2) The 2nd applicant is a president of the entire original inhabitants Development Association of FCT Abuja Nigeria No.16 Karu extension Abuja.
The applicants have elected to use the law office of SOLACE LAW CHAMBERS BELOW their solicitor, as their addresses for purposes of this proceedings.
DESIGNATION OF THE DEFENDANTS
1. The Federal Republic of Nigeria, a sovereign state in the community
2. The attorney general of the federal republic of Nigeria and minister of Justice, is the chief law officer of the federation of Nigeria and an Agent of the 1st defendant whose duty is to advice the 1st defendant as the custodian of the laws of Federation Nigeria.
SUBJECT MATTER OF THE PROCEEDINGS
1. This is an action on behalf of the victims of the entire 1,405, 201 indigenous original inhabitants peoples of the Federal Capital Territory Abuja FCT Nigeria, that their Rights of fundamental human rights had been affected, and have being in continuous suffering of violation of their social /cultural, political and economic deprivation of the indigenous people’s right of the FCT, which is a total extinction of their political, social, and economic developmental deprivation and marginalization.
2. In the just recent past PDP led administration of President Goodluck Ebele Jonathan, there are a continuous evacuation, demolitions of indigenous peoples of FCT Natives Houses, displacement of some indigenous communities of FCT original natives, grabs of their ancestral lands without legally due payments of adequate compensation or adequate resettlement by the government of Federal Republic of Nigeria, which violate the applicants Fundamental Rights.
3. The National Assembly, the Legislative Arm of the 1st Respondent by its upper legislative chambers, the House of representative of the Federal Republic of Nigeria, recently conduct a public hearing in to the centenary city project and land swap project embarked upon by the past administration of 1st Respondent, president Goodluck Ebele Jonathan, where over 8,000 hectares of lands belonging to the applicants was illegally confiscated, over 1 million applicants members unlawfully displaced from their ancestral home without legal adequacy of compensation or adequate resettlement of original indigenous people of FCT Abuja, were arbitrary chase out of their ancestral lands, by the use of force and almighty power of Federal Government of Nigeria through the use of a well armed military personnel, as their usual and continuous practices of chasing natives of FCT out of their ancestral land, by using police, soldiers, to harassed, intimidate, detained and illegal persecution, which as affected their social, economic well being of the applicants which is the responsibility & duty of the 1st respondent.
4. This claim is for a claim for the recognition of the Rights of indigenous citizens of FCT, to guarantee the Rights of the original inhabitants of Abuja, to participate in the involvement in the governance of the Federal republic of Nigeria and payment of adequate compensation to the victims of original inhabitant of FCT, who has been displaced illegally, victimized, intimidated, harassed and illegally deprived of their social economic well being as a citizen of this country under recent past PDP led administration of President Goodluck Ebele Jonathan, administration of 1st Respondent.
5. To guarantee equality of status of original inhabitant of FCT with other citizen of Nigeria, upgrade the traditional rulers and cultural values of the original inhabitants of FCT, like other citizen of this country. To also remove discrimination on the grounds of place of origin, and, Henceforth on the processes of the president 1st Respondent appointing the minister, He should also have recourse to appoint FCT Minister who shall be an indigene of FCT, to enable the involvement of indigenous people’s of FCT in the governance of Federal Republic of Nigeria as one of their fundamental Rights.
6. Cultural genocide, The original inhabitants of FCT are pained that historical graves and shrines are being desecrated by the day with ancestral farmsteads, and homesteads also being erased in unconscionable fashion, the governmental development must mainstream the indigenous people, their essence, their history and their tradition, it is also their fundamental human rights.
7. This action is also for claim to established the original inhabitants development commission for FCT indigenous peoples to guarantee their fundamental Rights to social, Political and economic well being, like that of Niger Delta region, of Niger Delta commission created by the Federal Government 1st Respondent as recommended by the National Conference Report 2014 at page 204 & 567 paragraph 9 created by 1st Respondents.
8. To upgrades the traditional Rulers of the applicants to ensure preservations of their cultural, moral values of the entire FCT Abuja Indigenes.
9. It is applicants Rights to demand for outstanding Balance of payment of compensation from 1st Respondent, to the turn of 2 Trillion Naira, and demand for a ministerial slot, and creation of more Federal Constituencies from present number of 2 to 4 and area council from present 6 to eight 8 is Justifiable, to Boost the social, economic, political developmental Rights of applicants.
FACTS OF THE CASE
WHEREAS, the federal republic of Nigeria has ratified the African charter on human and people’s rights and encapsulated as cap A9 laws of federation of Nigeria, 2004, and having signed protocol (A/P/1/7/91) and supplementary protocol (A/SP.I/01/05) establishing the community court of Justice of the Economic Community of west African State and undertaken to the members of the civilized international community that it shall enforce and observed the international instruments under which this application is brought.
AND WHEREAS the 1st applicant a corporate citizen of the federal republic of Nigeria and therefore a community citizen by virtue of the provisions of article 1(1) (a) of the protocol A/P:3/5/82 relating to the definition of community citizen is entitled by Article 10 of the supplementary protocol (A/SP.I/01/05) establishing the economic community of west African state to bring this application before this Honourable Court.
And whereas the 1st applicant is a registered not for profit, non-governmental entity incorporated under part C of the companies and allied matters Act Cap C 20 Laws of the federation Republic of Nigeria, and 2nd Applicant is a natural persons and citizens of FCT, the Federal Republic of Nigeria and therefore community Citizen by virtue of the provision of Articles 1(1) (a) of the protocol A/P 3/5/82 relating to the definition of community citizen and entitled by Articles 10 of the supplementary protocol (A/SP. I/01/05) establishing the economic community of West African state to file this application.
NOW THEREFORE SUBMIT THE FOLLOWING FACTS FOR RESOLUTION OF THE COMPLAINTS OF THE APPLICANTS
1. The 1st applicant is a registered not for profit, non-governmental entity incorporated under part C of the companies and allied matters Act Cap C 20 Laws of the Federal republic of Nigeria, standing in a representative capacity for and on behalf of the entire members of original inhabitants development association of the entire FCT indigenous peoples.
2. The 2nd applicant is a natural person and Nigeria original indigenous citizen of FCT Abuja and the president of Original inhabitants development Association of the entire FCT Abuja Nigeria.
3. The 1st respondent is a member state to the economic community of west African state a signatory to all the resolution under which this application is brought.
4. The 2nd respondent is a Government Agency and the Chief Law Officer of the Federal Republic of Nigeria, whose duty is to give legal advise to the 1st respondent.
5. The applicants State that Federal Capital of Nigeria was created in their ancestral indigenous land, natives have fought and endured injustice continuous violation of their Fundamental Rights, in the administration of the outgoing PDP led federal Government of Nigeria, on the protracted issues of land-grab, demolition of Native Houses, illegal arrests, ecological degradation, environmental remediation, non development of satellite towns, marginalization in appointments, non-compensation of compulsorily acquired lands, massive sacking of some whole villages for the appropriation of their landed / natural resources by selfish politicians and their cronies no social/economic, political, cultural, developmental Rights of applicants, non upgrades of their traditional rules, & 1 & 9 to 6, below 1-9 in government with the aid of the 1st respondents under recent past PDP led administration of President Goodluck Ebele Jonathan.
In proofs of the facts narrated in paragraphs 1 to 5 above, and 1-9 above the applicants relied on annexures 11 to 73 attached to this application.
SPECIFIC ALLEGATION OF VIOLATION OF RIGHT
1. Protracted issues of land-grab, demolition of natives houses illegally, illegal arrest on the processes of Demolition, ecological degradation/ environmental remediation, non-development of satellite towns, marginalization in appointments, non- compensation of compulsorily acquired lands, massive sacking of whole villages for the appropriation of their landed/ natural resources by selfish politicians and their cronies in government with the aid of the 1st respondent in the just recent past PDP led, administration President Goodluck Ebele Jonathan of the federal republic of Nigeria.
2. Non creation of original inhabitants development commission by the federal government of Nigeria, 1st respondent to cater for the preservation development of the social economic, political and cultural well-being of the original indigenous peoples of FCT Abuja, where the federal Capital of the Nigeria was based, while Federal Government of Nigeria created Niger Delta development commission to cater for Niger Delta region original inhabitants social economic development.
3. Non upgrade of the original inhabitants traditional Rulers to preserved their cultural, traditional values, social, moral value rights of the indigenous peoples of FCT Abuja Nigeria.
4. Several illegal arrest of indigenous peoples of FCT in the just recent PDP led, Goodluck Ebele Jonathan administration of Federal republic of Nigeria on the processes of illegal acquisition of the original inhabitants landed property / natural resources by the use of well armed Military personnel’s of the 1st respondents, where Killings of innocents soul of original inhabitants occurred in some areas of FCT original inhabitants residents.
In proofs of the facts narrated in paragraphs 1 to 4 above, on specific allegation of violation of right the applicants rely on Annexures 11 to 73 attached to this our application.
This court has the power to compel the 1st respondent to perform its obligation under the international law being a member of the civilized world.
The National conference report of 2014 created by 1st Respondent page 204 paragraph 9 & 567 para. 2 certify true copy obtained from National library of 1st Respondent marked Annexure 69 confirm the Right of applicant on creation of (original inhabitants development commission for indigenous) people’s of Federal Capital Territory Abuja.
SUMMARY OF THE PLEAS IN LAW
1. Nigeria accepts and enforces the international customary law for providing remedy where there has been a breach of a legal right as contained in the maxim “ubi jus ibi remedium” this can be discerned from the decision of Nigerian supreme court in the case of BELLO VS ATTORNEY GENERAL OF OYO STATE (1986)5 NWLR. 828 where it ordered the payment of compensation to a victim who was executed by the state without due process, even when Nigeria was not practicing democracy as a form of government, it had retained the enforcement of citizen rights. In the case of NEMI VS ATTORNEY GENERAL OF LAGOS STATE AND ANOR (1996) 6 NWLR (PART 452) CA 42 THE COURT OF APPEAL HELD THAT.
”Let me say that it is not enough that we have ratified the African charter on human and peoples right and the universal declaration on human Rights. We must move with the rest of the human race in the implementation of those rights, while the executive may take steps to examine or set in motion, ways of improving human Right situation the judiciary should actively show its readiness to complements or indeed surpass the efforts of the executive by an inspiring judicial approach to, or definition appropriate and feasible, the observance of human Right is a tribute of the rule of law. The rule of law is the first principle of democracy as exemplified in the doctrine of separation of law which is antithetical to autocracy”.
2. The circumvention and continuous violations of the rights of the applicants in this suit is a contravention of Article 4, 5,6,7,8,9,10 to 61 of African charter on human right and peoples rights ratified by the Nigeria Government. In Proofs of this facts,
See Annexure 11 to 72 attached to this application, see.
Article 2,29(a) & (b) of international labour organization convention no 169.
Article 21 of united nation declaration on right of indigenous people adopted by Un general Assembly in 2007.
The respondents also breaches all the Articles as contained in this application brought by the applicants.
3. It is also the duty of the 1st & 2nd respondent to ensure that applicants participate freely in the government of their country. See Annexure 67 & 69 page 204 and 567 paragraph 9 attached to this applications, applicants Rights to demand for outstanding Balance of payment of compensation from 1st Respondent, to the turn of 2 Trillion Naira, and demand for a ministerial slot, and creation of more Federal Constituencies from present number of 2 to 4 and area council from present 6 to eight 8 is Justifiable, to Boost the social, economic, political developmental Rights of applicants, see certify true copy of Annexure 69 page 204 para. 9 & 567 para. 2 attached to this application emanated from 1st Respondent.
See Article 13 sub 1 & 2 of African charter on human and peoples Rights says’
Article 13 sub 1
“Every citizen shall have the right to participate freely in the government of his country. Sub 2 says:
Every citizen shall have the right of equal access to the public service of his country.
My Lord, we submit, that having view all the Annexures 11 to 72 attached with this our application before the court, the 1st respondent has fragrantly breached the Fundamental Rights of the entire applicants.
4. It is also the duty of the 1st & 2nd Respondent to ensure that the applicants human Rights to economic, social, political, cultural and tradition values developmental protection, see Article 22 Sub 1 of African charter on human and peoples Rights. And Annexure 69 paragraph 204 & 567 attached with the application.
“Article 22 sub 1
All people shall have the Right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of main kind
We submit that having view our overwhelming documentary evidences attached to this our application the 1st Respondents has breach the rights of the applicants, Reliance is place on Annexure 11 to 72 attached with this application.
5. The National House of representative committee on FCT on a public hearing on the out crying of the Nigerian Public, on the conduct of the 1st respondent on confiscation of the over 1,000 Hectares of land belonging to the original inhabitants development association members of FCT with out adequate payment of compensation, to indigenous people of FCT, on Landswap programme project, and centenary city Plc project, of 1st Respondent by the past PDP led federal Government Administration of president Goodluck Ebele Jonathan, the Nigeria National Assembly House of representative Committee on FCT find in report and national daily trust newspaper of 16/June/2016 Vol.40 at page 6 Reps probe centenary city project, having view this committee report the daily trust newspaper of 16/June/2016 P. 6 says adequate compensation was not paid to original inhabitants whose landed properly was confiscated by the 1st respondents forcefully this is a complete breaches of the fundamental right of applicants.
On this see Article 21 sub 1 & 2 & 14 of African charter on human and people rights says:
“All people shall freely dispose of their wealth and natural resources. This Right shall be exercised in the exclusive interest of the people in no case shall a people be deprived of it.
“Sub 2 Says;
“In case of spoliation the disposed people shall have the right to the lawful; recovery of its property as well as to an adequate compensation.
See also Article 17 sub 1 & 2 of universal declaration of human rights which Nigeria is signatory to this treaties.
Says:
“Article 17 sub 1 & 2 “Sub 1
“Everyone has the right to own properly alone as well as in association with others.” “Sub 2
No one shall be arbitrarily deprived of his property
Having view our over whelming documentary evidence attached to our application, before the court the 1st respondent is in flagrant violation of the applicants fundamental human right by forcefully acquired the original inhabitants ancestral landed property without payment of adequate compensation. See also (Annexure oida 11 to 72) and Annexure 69 page 204 para. 9 and p.567 paragraph 2.
6. This court has the power by virtue of Articles 9(1) (d) and 10(C) of the supplementary protocol (A/Sp.1/01/05) establishing the community court of justice of the economic community of west African State to hear any application that borders on enforcement of Fundamental Rights as contained in the African charter and other international treaties, declaration and conventions. It border not whether the Nigeria court also has similar court clothed with jurisdiction to do so under Nigeria law. We are fortified, in making the above submission by the decision of this HONOURABLE COURT IN THE CASE OF DR, JERRY UGOKWE VS FEDERAL REPUBLIC OF NIGERIA AND ANOR (2004-2009) CCELR AT 37 PAGE 49 TO 52 PARA 29 TO 31.
7. The duty imposed by the above ration decidendi, is that applicant need to show that the application for the enforcement of Rights that is submitted to the court is one which form part of the municipal law were the applicant are citizen, we have shown that the right whose infringement are complained are right contained in charter 4 of the 1999 constitution of the 1st respondent and the African charter on human and people Right, which the 1st Respondent ratified and is a signatory to all the declaration, convention, and resolutions under which this application is brought.
8. It is no doubt that the complaints made in this application are recognized rights in chapter 4 of the 1999constitution of the 1st respondent for instance, section 44 sub (a) & b of 1999 constitution of Nigeria provide for the payment of adequate compensation on any Landed property compulsorily acquired by the Government. It is clear beyond shadow of doubt, that the Nigeria government acquisition of Landed properly on the centenary city project Plc and Land Swap project of over 8,000 Hectares of lands of original inhabitants did not pay adequate compensation to the original inhabitants of FCT Abuja, on this two landed property acquired and the original inhabitants of FCT were all displaced and evacuated from their ancestral farm land where they made up their daily means of lifelihood which was a total extinction of their means of livelihood representative report of committee on FCT, and daily trust newspaper of 16/June/2016 page 6 Reps probe centenary city project at page 6.
9. With this finding, the 1st Respondent is under obligation to provide a remedy for original inhabitants of FCT Abuja Nigeria by creating “original inhabitants development commission” for indigenous peoples to cater for their social economic, and cultural development with due regard to their freedom, identity and in the equal enjoyment of the common heritage of mankind. SEE ARTICLE 22 SUB 1 & 2 of African charter on human and people rights. See also Annexure 69 page 204 & 567 paragraph 9, and Anexture oida1 – 20 attached with this our application which make it clear beyond shadow of doubt that the applicants in this suit deserved such rights. See also Article 24 of African charter on human and people’s rights says:
Article 24
“All peoples shall have the right to a general satisfactory environment favorable to their development
See also Article 17 sub 2 & 3 of African charter on human & people’s rights says:
Article 17 sub 2
“Every individual may freely take part in cultural life of his community”
Sub 3 “The promotion and protection of morals and traditional values recognized by the community shall be the duty of the state”
It is our submissions that the 1st respondent has breach the above provisions of Articles of African charter, cultural genocide of the original inhabitants historic graves & shrines are being desecrated by the day with ancestral. Farmstead, and homestead also being erased by 1st respondent.
10. The stance of the 1st respondent is contrary to its obligation as contained in;
(a) Article 2 (3) (b) of the international convention on civil and political rights which provides as follows:
“Each state party to the present convenient undertake (a) to ensure that any person whose right or freedom as here on recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity”
(b) Article 14 of the convention against torture and other cruel, inhuman and degrading treatment or punishment provides that:
“Each state party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation including the means for as full rehabilitation as possible in the event of the death of the victim as a result of an act of torture, his dependents shall be entitled to compensation”.
We submit in the light of the above Articles cited, that several members of original inhabitants who had lost their lives and sustain degrees of injuries, illegal arrest during or after the continuous violation of their fundamental right, to demolitions of their place of historical grave, shrine, farmstead, and homesteads are all entitled to a adequate compensation, since the violation by the 1st respondent are in perpetuity, continuously (see Annexure oida 11 – 72) attached with our application which is self-evident.
11. It is also our submission, that the 1st respondent had its capital and nation seat based in FCT Abuja in the applicants Ancestral lands and confiscated applicants Ancestral land without compensation, displaced many of the original inhabitants communities without any recourse to the provision of social economic and cultural development for original inhabitants of FCT people of Nigeria, by creating for them, (original inhabitants development commission”) the doing of that by the 1st Respondents is a total discrimination of the applicants in their host community of state capital. But the 1st respondents went ahead and deem it fit to go and create for Niger Delta people region a commission known and called (Niger Delta commission). See Annexure 69, page 204 para. 9 & p.567 paragraph 2 & 11 to 72 attached with this application.
The doing of this by the 1st Respondents &, its agents is tantamount and flagrant violation of applicant rights.
Reliance is placed on.
Article 7 of universal declaration which 1st respondent is signatory.
See Article 7 says
“All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this declaration and against any incitement to such discrimination”.
We submit having view the above submission that the 1st respondent is under an obligation to create (original inhabitant development commission) for indigenous people’s of FCT Nigeria. Like its create Niger Delta Commission for Niger Delta original inhabitants people in that region. See (Annexure 69, p. 204 para. 9 & 567paragraph 2 and Annexure Oida 11 to 72) attached with this our application.
12. We therefore urge this Honourable Court to uphold our application and hold the 1st respondent to its obligation under international law. This court has followed the international Community in showing that every rights infringed must be remedied by the state guilty of such breach when it held IN THE CASE OF CHIEF EBRIMAH MANNEH VS THE REPUBLIC OF GAMBIA (2004-2009) CCELR 181 AT 195 PARA 33 TO 35.
Where this court relied on the European Court of human Rights decision in AHMED SELMOUNI VS STATE OF FRANCE (2005) CHR 237 AND THE CASE OF MIROSLAU CENBAUOR VS REPUBLIC OF CROUTIA(2005) CHR, 429.
ORDER/RELIEFS SOUGHT BY THE APPLICANTS
1. A DECLARATION that the applicants are law abiding citizens, are entitle to right to life, freedom of movement, freedom of Association, right to human dignity, right to integrity of their person, right to the security of their person, right not to be discriminated in their society, and Right to guarantee their state status as a citizen of Nigeria FCT Abuja.
2. A DECLARATION that the applicants are entitled to their right by the 1st Respondent to create “original inhabitants development commission” for original indigenous people’s of FCT to preserve their social, economic, educational, political cultural and traditional values developments Rights as recommended under the National conference Report of 2014 created by the 1st responded.
3. AN ORDER compelling the 1st respondent to increase in the number of Federal constituencies from present number of two (2) to four 4, there should also be an increase in the number of Area councils from present six (6) to eight (8), and payment of the outstanding compensations due to indigenes of the FCT made by Federal Government of Nigeria 1st Respondent, to the (sum of 2 trillions Naira only).
4. A DECLARATION that the applicants are entitle from the 1st Respondent, a adequate compensation for any compulsorily acquisition in the FCT Abuja, by the 1st respondent or its agent or privies.
5. A DECLARATION that the applicants are entitle to a Right to take part in the government of this country directly or through their freely chosen representatives and can also partake to be a minister of FCT Abuja.
6. A DECLARATION that the applicants members who lost their lives, suffer illegal arrest, demolitions of their respective Houses in the FCT Abuja on the continuous violation of their Fundamental Rights are entitle to a compensation to the sum of (2 trillion Naira only) which is general damage cause by the 1st respondent, during recent past led administration of president Goodluck Ebele Jonathan Administration, and payment of outstanding compensation Balance due to indigene of FCT made by government.
7. UPGRADES of the original inhabitants of FCT Abuja traditional rulers, to preserve their culture and traditional values of their respective. Communities
8. A DECLARATION that the original inhabitants are entitle to customary right of occupancy over their ancestral lands to cater for their economic well being.
9. ANY OTHER further orders that this Honourable Court may deem fit to make in this circumstances of this case.
NATURE OF EVIDENCE IN SUPPORT OF APPLICATION
1. Letter from Brig. G. A. Innih Annexure 11. (2) Description of Federal Capital City Annexure 12. (3) Office Administrative Map of FCT Annexure 13. (4) Communique of former military governor Annexure 14. (5) Demolition of applicant Ancestral/Residential houses Annexure 15 video film (6) Press release form FCT Administration Senate President Annexure 16. (7) Administrative Map of FCT annexure 17. (8) Map showing the FCC & FCC annexure 18. (9) Certificate of incorporation. (10) community complaints & petition on FCT (11) FCT indigenous documentary video film cassettes (12) FCT indigenous video film cassettes (13) open letter to president Muhammadu Buhari (14) forwarding letter written by the applicants (15) The guardian Nation of Newspaper of 12/12/2012 (16) Daily Trust of August 28,2013 (17) Daily News watch of Monday August 2013 (18) FCT Inhabitants call for development commission (19) Video film on Gossa 1 Demolition (20) Federal Republic of Nigeria MDGs Community (21) Original Inhabitants Development Assistant Kuje declaration 2013 (22) Daily Trust of Wednesday Feb. 5, 2014 (23) Pictures and wound sustain by applicants (24) National Tuesday 27/Jan./2015 (25) Leadership Tuesday Jan. 7, 2014 (26) National Mirror Newspaper 7/Jan./2014 (28) Nigeria National Newspaper metro 16/2/2014 (27) Nigeria Conference Report 2014 (Annexure 38) (28) Letter written by Barr. to applicants 12/March/2013 (29) National Newspaper 23/Sept/2013 (30) A complaint Letter from applicant members to the office of human Right Commission (31) Petition written by the Applicant dated 31/07/2013. (32)National Newspaper Blue Print 7/3/2013 (33) National Trail 11/08/2013 (34) National Leadership 7/1/2013 (35) National Newspaper Guardian 25/07/2013 (36) Daily Trust of 26/6/2013 (37) Nigerian Pilot Newspaper 26/07/2013 (38) People Daily of 4/04/2012 (39) Daily Trust of July 10, 2012 (40)BBC Report of Alex Preston (41)Daily Trust of 23/Sept./2013. (42) National Newspaper Nigeria Pilot 7/11/2013 (43) Contemporary demand by FCT indigene dated April 2014 (44) National Newspaper telegraph 2/8/2014 (45) Daily Trust of July 24/2013 Kuje Declaration (46) Guardian newspaper December 12,2013 (47)Applicants Submission of memorandum dated 15/4/2014 (48) 1st Respondent’s Presidential Committee on Resettlement (49) Investigation how FCT officials steal houses (50) Daily Trust of July 29/2013 Human Rights want Abuja indigenes in Govt. (51) Guardian Newspaper Sunday July 21/2013 (52) National Newspaper Leadership of 9/Jan./2016 (53) National Newspapers Leadership 7/Jan./2016 (54) Daily Trust of 9/Feb./2016 (55) Guardian 21/07/2013 (56) Nigerian National Conference Report 2014 Annexure 69 (57) Nigerian Daily Trust Newspaper July 11, 2016 (58) Nigeria Magazine Paper verbatim 22/4/2013 (59) Nigerian Newspaper Daily Trust 16/06/2016 (Annexure 72)
DATED THIS 8th DAY OF July, 2016.
¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬___________________________________
PROFESSOR. SHEHU ABDULLAHI ESQ, M.N MOHAMMED ESQUIRE, BARR. E.K PHILIP ESQ, BARR. MUSA HUSSIENI ESQ, BARR. CHUKWU NONSO AKAH ESQ, (SOLICITORS TO THE APPLICANTS), SOLACE LAW CHAMBERS MINNA, OPPOSITE BAHAGO PLAZA TUNGA P.O. BOX 4194 MINNA NIGER STATE, NIGERIA. EMAIL-ADDRESS Ranidelaw@gmail.com. 08126656372
Person’s Authorized to Accept Service
The applicants also consent that services of the process in this suit be effected on them through their solicitor by electronic mail to = Ranide law @Gmail.Com. as codified in Article 33 Rules of the Rules of the community Court.
FOR SERVICE ON: 1st & 2nd Respondent I/C of 2nd respondent.
1. 1ST RESPONDENT – FEDERAL REPUBLIC OF NIGERIA.
2. 2ND RESPONDENT ATTORNEY GENERAL OF FEDERATION MINISTRY OF JUSTICE ABUJA SHEHU SHAGARI WAY MAITAMA.
IN THE COMMUNITY COURT OF JUSTICE OF THE ECONOMIC
COMMUNITY OF WEST AFRICAN STATES
HOLDEN IN ABUJA
Suit No.:___________________2016
BETWEEN:
1. THE REGISTERED TRUSTEES OF ORIGINAL INHABITANTS
DEVELOPMENT ASSOCIATION OF FEDERAL CAPITAL
TERRITORY ABUJA, FCT NIGERIA APPLICANTS/PLAINTIFFS
2. PASTOR DANLADI JEJI (PRESIDENT ORIGINAL INHABITANT
DEVELOPMENT ASSOCIATION (OIDA) FEDERAL CAPITAL
TERRITORY FCT ABUJA NIGERIA
AND
1. GOVERNMENT OF THE FEDERAL REPUBLIC OF NIGERIA
2. ATTORNEY GENERAL OF FEDERATION AND MINISTER OF RESPONDENTS/DEFENDANTS
JUSTICE FEDERAL REPUBLIC OF NIGERIA
NATURE OF EVIDENCE IN SUPPORT OF APPLICATION / DOCUMENTS THAT WILL BE RELIED UPON AT THE TRIAL
1. See letter from Brig G.A Innih former military Governor, Kwara State (MARKED ANNEXURE OIDA 11)
2. See, Description of the federal capital city, FCC as taken from the report of FCT Ministerial committee on issues of indigeneship, Chieftaincy, Land, political structure and other related matters in the federal capital Territory Abuja (2000, P.50) from the 1st respondent agent (MARKED ANNEXURE OIDA 12 )
3. See official administrative map of the federal capital territory (MARKED ANNEXURE OIDA 13)
4. See communiqué of six former military Governors of the states FCT was exercised from on the issue of resettlement and compensation for FCT indigenes. (MARKED ANNEXURE 14).
5. see demolition of Applicants members Residential/Ancestors Houses video film/cassette without compensation at Gossa 1 FCT by the 1st Respondent and its agent (MARKED ANNEXURE OIDA 15).
6. See press release from the federal capital territory administration with Senate President David mark calling for constitutional amendment to allow FCT operate as a state to cater for marginalization of indigenous people of FCT (MARKED ANNEXURE OIDA 16)
7. See administrative map of the federal capital city Abuja (MARKED ANNEXURE OIDA 17)
8. See map showing the FCC and the FCC inside the Federal Capital Territory, FCT Abuja (MARKED ANNEXURE OIDA 18)
My Lord, the applicants in proofs of specific allegation of breaches of the Fundamental Rights of the applicant will relied on the above mentioned and below (MARKED ANNEXURE OIDA 11 to 72).
9. See medical certificate of Jitta killing on the processes of illegal demolitions of the applicant member houses.
10. See certificate of incorporation of the 1st applicant as a registered association with CAC Nigeria under pert C of Cams Laws of Federation Nigeria, (MARKED AS ANNEXURE OIDA 19) evidencing the legal capacity of the 1st applicant to sue and be suit.
In further proofs of the facts narrated in paragraphs 1 to 5 and paragraph 1 to 6 on specific allegation of continuous violation of the right of applicants, the applicant relied on the following Annexures.
11. See community complaints and petitions on FCT to the 1st respondent & it Agents titled, a compilation of newspaper reports from March 2013 to December 2013 (MARKED ANNEXURE OIDA 20)
12. See also the FCT indigenous documentary video film on demands of the original inhabitants of FCT, from the 1st respondent and its privies, also another video film titled 1st Ed. Tue, 23rd June, 2015 AIT Abuja, 2nd Ed. Wed, 24/June/2015 AIT Abuja, on the Suffering of the applicants on lives AIT Interview. (MARKED ANNEXURE OIDA 21) which confirmed the claims of the applicants.
13. See open letter to President Muhammadu Buhari on the Nation Newspaper of Friday/June/2015 at P.23 (MARKED ANNEXURE 22).
14. See also a forwarding letter written by the applicants to the 1st respondent on 6/September/ 2013, acknowledge received on the call for Justice of Original inhabitants (MARKED AS ANNEXURE OIDA 23).
15. See also the guardian National Newspaper of December 12, 2012 a declaration by Murtala Muhammad President of Nigeria Broadcast proclaiming Abuja as federal capital February, 2,1976 (MARKED AS ANNEXURE OIDA 24).
16. See also Newspaper Daily Trust of Wednesday, August 28, 2013 Abuja indigenes set to petition united Nation over FCT on their sufferings (MARKED AS ANNEXURE OIDA 25) see also leadership Newspaper of 9/Feb/2016 at P.38 (MARKED ANNEXURE OIDA 25).
17. See also Daily Newswatch of Monday August 2013. P.45 (MARKED ANNEXURE OIDA, 26) see also National Trail Newspaper of Monday 21-Sunday 27, July 2014 P. 15 where confab reignites hope for indigenous major to ease their sufferings (MARKED ANNEXURE OIDA 26).
18. See also FCT inhabitants call for development commission, by the 1st respondent on Newspaper of National Mirror of Tuesday – January 7, 2014 at P.51 (MARKED AS ANNEXURE OIDA 27).
This court has the power to compel the 1st respondent to perform its obligation under the international law being a member of the civilized world.
19. See also video film on Gassa I demolitions of over 200 Houses built by the members of applicants by the 1st respondent agents & privies former FCT minister marked (MARKED ANNEXURE OIDA 28).
20. See federal republic of Nigeria M.D.Gs Community base line survey report for federal capital territory administration FCT Abuja, on violations of the Rights of original inhabitants of FCT Abuja (MARKED ANNEXURE OIDA 29).
21. See Original Inhabitants Development Association of Abuja Kuje declaration 2013 (MARKED ANNEXTURE OIDA 30).
22. See Daily Trust of Wednesday February 5, 2014 page 4 (MARKED ANNEXURE OIDA 31) on natives interview.
23. See pictures and wound sustains by the applicants members by the 1st respondents agents on applicants demand of their Rights. This beating are from Police & military personal (MARKED ANNEXURE 32).
24. See the Nation Tuesday National Newspaper of Jan. 27/Jan/2015 page 34, Natives feast amid gloom (MARKED ANNEXURE 33) see also Daily Trust of Wednesday, February 20, 2013 page.
25. See leadership Tuesday January, 7, 2014 at P.47 (MARKED ANNEXURE 34)
26. See certificate of incorporation from the 1st respondent Body recognized original inhabitant development association of FCT, which vested them Right to sue & be sue (MARKED ANNEXURE OIDA 35).
27. See national mirror Newspaper of 7/Jan/2014 P. 51 says FCT inhabitants call for development commission (MARKED ANNEXURE 36) see Nigeria pilot Newspaper of 7/Jan/2014 at P.51 (MARKED ANNEXURE 36).
28. See Nigeria National Newspaper metro new telegraph of 16/2/2014 at P.9 (MARKED ANNEXURE 37).
29. See the National conference report 2014 of the entire Nigerians created by the 1st respondent main report, which confirmed the recommendation of payments of compensation to applicants at page 204 of the main report, (MARKED ANNEXURE 38).
30. See letter written by Barr. To the applicants dated 12/March/2013 to the 1st Respondent minister of FCT and to the Attorney General of Federation 2nd Respondent, confirming the non payments of Natives Rights to social economic & other land related matters (MARKED ANNEXURE 39).
31. See National Newspaper of September 23, 2013 on investigation, on how FCT officials steal houses, lands from Abuja indigenous people’s in huge resettlement fraud this confirmed the claims of the applicant (MARKED ANNEXURE OIDA 40).
32. See also complaint letter from applicants members to the Office of the National Human Right Commission on the violation of the rights of applicants dated 12/11/2015 acknowledge received on same 12/11/2015 (MARKED ANNEXURE OIDA 41).
33. See the petition written by the applicants Association to the Chief of Army Staff Nigeria on the invasion of Galadimawa Village of Original Inhabitants applicants for violation of their Fundamental Right dated 31/July/2013 and received on 1/8/2013 the 1st Respondent Agents to destroyed applicant community (MARKED ANNEXURE OIDA 42).
34. See National Newspaper daily trust of 6/March/2013 at page 31 says land swap, land grab and government failure by the 1st respondent (MARKED ANNEXURE 43) see daily trust Newspaper of 16/Jan/2013 page 47 (MARKED ANNEXURE 44) closure to Abuja resettlement saga.
35. See National Newspaper Blue print of 7/3/2013 Page 15 Landswap policy of 1st Respondent encroaching on our land indigenes, (MARKED ANNEXURE 45)
36. See National trail of Monday 5-Sunday 11/August/2013 page 25,26, international day of indigenous people (MARKED ANNEXURE OIDA 46)
37. See national Leadership of 7/1/2013 at P.25 says Abuja Natives appeal to Federal Government over development (MARKED OIDA ANNEXURE 47).
38. See National Newspaper Guardian of 25/July/2013 page 7 FCT indigenous allege police crack down on protester over poor representation at P.7 (MARKED ANNEXURE 48).
39. See daily trust of 26/June/2013 page 40 FCT indigenes are peaceful accommodating says FCT A, at page 40, (MARKED ANNEXURE 49).
40. See Nigerian Pilot Newspaper of 26/July/2013 page 17, police Prevent Abuja indigenes from protest at National Assembly (MARKED ANNEXURE 50).
41. See people daily of 4/April/ 2012 page 18, Abuja indigenes call for state status for FCT (MARKED ANNEXURE 51).
42. Daily trust of July, 10, 2012 page 37 says women protest proposed demolition of MPAPE (MARKED ANNEXURE 52)
43. See the BBC report, of ALEX PRESTON wrote a wonderful report where he completely insulted Nigeria. The story is entitled, “Nigeria’s unfinished capital Built stole Land” with the pictures (MARKED ANNEXURE OIDA 53).
44. See Daily trust of 23/September/2013 page 46 the nagging question over FCT 8,000 km 2 Land, (MARKED ANNEXURE OIDA 54).
45. See National Newspaper Nigerian pilot of 7/11/2013 page 49 FCT lacks legal, Administrative character minister of the 1st Respondent (MARKED ANNEXURE OIDA 55).
46. See contemporary demands by FCT indigenes on governance of Abuja submitted by applicants tot eh 1st Respondent’s on April, 2014 FCT National conference Delegates, to National conference created by 1st Respondent (MARKED ANNEXURE OIDA 56).
47. See National Newspaper new telegraph of 2/ August/2014 page 48 (MARKED OIDA ANNEXURE 57).
48. See daily trust of July 24, 2013 page 33 Kuje declaration 2013 (MARKED OIDA ANNEXTURE 58A) see also daily trust of August/19,2013 page 42 Ketti Waru youth forum Abuja (MARKED ANNEXURE 58B)
49. See the Guardian newspaper of December 12, 2013 page 2 (MARKED ANNEXURE 59)
50. See applicants submission of memorandum, to the national conference National Judicial, crated by the 1st Respondent dated 15/04/2014 which the original was acknowledge by Okene J. Agent to the 1st respondent (MARKED ANNEXURE OIDA 60).
51. See also 1st Respondent Presidential committee on the resettlement of the inhabitants of the Federal Capital territory (FCT) inaugurated on 30/1/1981. Which also confirmed the claims of the applicants which 1st Respondent never implemented it and there was a continuous and perpetual violation of the Rights of applicants at every year up to date (MARKED ANNEXURE OIDA 61).
52. Investigation, how FCT officials steal houses, lands from Abuja indigenes in huge resettlement fraud. (MARKED ANNEXURE 62)
53. See daily trust of July 29, 2013 page 58, human Rights want Abuja indigenes in government (MARKED ANNEXURE 63).
54. See the Guardian newspaper of Sunday July 21, 2013 page 20 Abuja Land Swap policy towing 1st respondent policy that affected the applicants rights (MARKED ANNEXURE 64).
55. See National Newspapers Leadership of 9/Jan./2016 Page 10, we are still being harassed by soldiers four FCT Communities tell chief of Army Staff of 1st Respondent, violating the Rights of Applicants members (MARKED AS ANNEXURE OIDA 65) .
56. See National Newspapers Leadership of 7/Jan./2016 page 30, FCT Communities Beg Chief of Army Staff (COAS) to withdraw soldiers on illegal operations violating Applicants Rights (MARKED AS ANNEXURE OIDA 66).
57. See Daily Trust of 9/Feb./2016 p.37, Natives want EFCC to probe former FCT Minister 1st Respondent Agent (MARKED AS ANNEXURE OIDA 67).
58. See the Guardian 21/July,2013, page 21 (FG) Federal Government will use military mighty on inhabitants. (MARKED AS ANNEXURE OIDA 68A) & natives lament complete marginalization (MARKED AS ANNEXURE OIDA 68 A & B)
59. See Nigeria National conference report 2014, created by 1st Respondent at p. 204 paragraph 9 and 567 certify true copy obtained from Nigeria National Library Abuja (MARKED ANNEXURE 69).
60. See Nigeria Daily Trust Newspaper July 11th, 2016 page 35 National House of Representatives of 1st Respondent probed irregularities of FCT Land Swap. Created by the 1st Respondent. (MARKED ANNEXURE OIDA 70).
61. See Nigeria Magazine Paper verbatim of 22/April/2013 Vol. 2 No. 5 front page, page 6, 12, 13, 16, 17, 18, 19 Revolts of the Natives of Abuja (MARKED AS ANNEXURE OIDA 71).
62. See Nigeria Newspaper Daily Trust, 16/June/2016 page 6 Reps. Probe Centenary city project of the 1st Respondent (MARKED ANNEXURE OIDA 72).
DATED THIS ______________DAY OF ___________2016.
_____________________
PROFESSOR SHEHU ABDULLAHI ESQ
M.N MOHAMMED ESQ
K.K NEBO ESQ
CRAIG LEVERICK ESQ
ABDUL IBN MOHAMMED ESQ
BARR. E.K PHILIP ESQ
BARR. MUSA HUSSIENI ESQ
BARR. CHUKWU NONSO AKAH ESQ
(SOLICITORS TO THE APPLICANTS)
SOLACE LAW CHAMBERS MINNA
EMAIL-ADDRESS
ranidelaw@gmail.com.
Person’s Authorized to Accept Service
The applicants also consent that services of the process in this suit be effected on them through their solicitor by electronic mail to = Ranide law @Gmail.Com. as codified in Article 33 Rules of the Rules of the community Court.
FOR SERVICE ON: 1st & 2nd Respondent I/C of 2nd respondent Shehu Shagari Way Maitama
1. 1ST RESPONDENT
FEDERAL REPUBLIC OF NIGERIA.
2. 2ND RESPONDENT
ATTORNEY GENERAL OF FEDERATION MINISTRY
OF JUSTICE ABUJA.
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