3. SUBJECT MATTER OF PROCEEDINGS

i) Violation of the Plaintiffs’ (and other victims) rights to life and property as enshrined in Articles 4, 14 and 16 of the African Charter on Human and Peoples Rights, 1981; and, Articles 3 and 17 of the Universal Declaration of Human Rights, 1948 occasioned by the incessant killings, maiming of citizens, and the destruction of the properties of the inhabitants of Agatu Communities by persons, the Defendant refers to as “Fulani herdsmen”.  

ii) Violation of the Plaintiffs’ rights to dignity of the human persons, private family life and equal protection of the law as guaranteed by Articles 3, 5, 18, 19 and 22 of the African Charter on Human and Peoples Rights, 1981; and Articles 1, 5, 12 and 25 of the Universal Declaration of Human Rights, 1948. 

iii) The Defendant’s breach of Articles 1, 3, 18, 22 and 25 of the African Charter on Human and Peoples Rights, 1981; and Article 2 of the Universal Declaration of Human Rights, 1948 due to its refusal to take measures to protect the Plaintiffs or halt the gruesome killings of Community Citizens; its failure to prosecute the perpetrators, and the neglect to rehabilitate and provide the basic human needs for the displaced persons particularly the women, children and the elderly. 

4.    FACTS ON WHICH APPLICATION IS BASED

a) The Plaintiffs are indigenes and inhabitants of Agatu Community in Benue State of the Federal Republic of Nigeria. They are Community Citizens pursuant to Protocol A/P3/5/82. They are predominantly farmers, hunters and fishermen dwelling in rural settlements. 

b) The Defendant is a Member State and a signatory to the Revised Treaty establishing the Economic Community of West Africa States, (“ECOWAS”) 1993; and has a responsibility to recognize and protect the human rights of Citizens within the Federal Republic of Nigeria.

c) On or about the midnight of 12 May 2013, the Plaintiffs and other villagers were attacked in their Communities by heavily armed men. The army of attackers formed rings round the dwelling houses and then set fires to the buildings. Thereafter, they laid siege and killed – through gunshots, arrows and machetes – the inhabitants running out of the burning houses.  

d) Some of the Plaintiffs and others victims in the communities were lucky to escape into the bushes due to the fact that the assailants could not hound and kill all the inhabitants at the same time. Most women, children and the elderly could not escape and were killed in cold blood.

e) The attacks lasted through the night and into the next day. When the Marauders left the burnt down settlements, hundreds of citizens, including the Plaintiffs’ family members and relatives, had been killed. Hundreds of survivors were also maimed, raped, burnt, and disabled from the attacks by persons later identified as “Fulani herdsmen”.

f) The Plaintiffs and hundreds of other surviving victims had their houses and all of their properties – food items, motor cars, motor cycles, grinding machines, generators, electronic appliances, sewing machines and bicycles – burnt down by the attackers.

g) Also burnt and destroyed in the various communities were School buildings, Churches, Mosques and Primary Health Centres. At that point, the Plaintiffs and the survivors had no access to basic amenities like shelter, health care to treat the injured, or food to eat. 

h) The Defendant and its relevant agencies were informed of this gross violation of human rights in Agatu, but no step or measure was taken by the Defendant and its top officials to halt or address the killings and destruction of properties by the Fulani herdsmen.  

i) In December 2013, another brutal attack was carried out on a host of communities involving the Plaintiffs and other victims again. Over 100 citizens were killed, injured and properties worth over N200, 000,000.00 were destroyed and burnt by the same Fulani herdsmen. Like in the first violations, the Defendant yet again did not take any measure to protect or secure the rights, lives and properties of the Citizens.

j) After the December 2013 massacres, the gross violations of rights became more often and regular, with attendant loss of lives and destruction of properties. Sadly, the Defendant on all occasions failed, refused and neglected to protect the victims of the human right violations or prosecute the perpetrators of these heinous breaches. 

k) As a result of the dithering and refusal of the Defendant and its security agencies to protect the human rights of the inhabitants of Agatu communities, another mass violation of the rights of the Plaintiffs and other victims occurred in March 2016. 

l) In the March 2016 massacres, over 500 citizens were killed; 1000 injured, over 600 houses burnt and over 5000 persons rendered homeless, and 10 communities destroyed and occupied by the group identified by the Defendant as “Fulani herdsmen”. See Annexure

m) The scale and magnitude of the killings and rights abuses were alarming and same attracted the attention of international bodies. The Representative of the United Nations High Commissioner For Refugees to Nigeria and ECOWAS, Mrs. Angele Dikongue Atangana, who visited the Agatu communities in April 2016, referred to the level of killings and destruction perpetuated in Agatu by the Fulani herdsmen as “her worst experience as a humanitarian UN Official.” See Annexure

n) The Defendant’s former Senate President and other personalities who visited the scenes of the human rights abuses regarded the carnage as an act of genocide against the Agatu people. They all condemned the Defendant’s insensitivity and lack of will to protect the victims. See Annexure.

o) Due to the non-challance of the Defendant in using its laws and security apparatus to protect the inhabitants of Agatu Communities, mass protests and agitations were held by victims, relatives and Citizens demanding that the Defendant protect the inhabitants of Agatu. 

p) That despite the monumental human rights abuses going on in Agatu and its neighbouring Communities, the Defendant and its key agencies and Officials remains passive in protecting the inhabitants. The Defendants’ Minister of Interior (in charge of Homeland); the Inspector General of Police and the Benue State Governor have all regarded the protection of the people of Agatu as irrelevant. See Annexure.

q) The persistent murders and mayhem perpetrated by the so called “Fulani herdsmen” resulted in the violation of the lives of over 1000 Community Citizens, who are relatives and family members of the Plaintiffs. Some of those whose rights to life were breached are: Gideon Olofu, Oloche Angulu, Ochoyama Umoru, Abraham Ocheigbe, Michael Angulu, Salu Ngbede, Daniel Shaibu Isah, Simon Adawodi Ogbeba, Zulai Idris Akulu and others too numerous to list out here.

r) Lots of other Community Citizens who narrowly escaped the loss of their lives were dehumanized and maimed, beaten, tortured and sexually harassed by the said “Fulani herdsmen.” The following persons were maimed and injured in gross violation of their rights: Dele Sule (forcefully amputated), Edo Shaibu, Omeche Odula, Christiana Sunday Oshubaje, Job Sabo Oloje, Momoh Yahaya, Martha Gideon and hundreds of other.

s) Hundreds of others, including all the Plaintiffs, lost their houses and all belongings worth over N1, 000, 000,000.00 (One Billion Naira). The houses and house hold properties were destroyed and burnt down. The 1st Plaintiff’s 4 bedroom apartment was burnt down.  

t) After each of the numerous violations of human rights, reports are lodged with the Nigeria Police and other relevant agencies but no action was taken to prevent the heinous violations of their rights. The Defendant did not take legislative, judicial or security measures to prevent, protect or assuage the continuous killings, and destruction of properties in Agatu.

u) That despite the wholesome level of human rights violations by the so called “Fulani herdsmen” in March 2016, the Defendant’s top functionaries – The President; the Minister of Interior and the Inspector General of Police – have refused to visit the victims and the communities. 

v) All the Defendant and its Agencies do after every attack is to lay the blame on “Fulani herdsmen” and then refuse to prevent further killings and destruction of properties.

w) Despite the public condemnation of the rights abuses in Agatu, the Defendant refused to reveal the identity of the “Fulani herdsmen” as the Defendant’s Inspector General of Police noted that the perpetrators of the rights abuses were not Nigerians but “Foreigners”. Yet, the so called “Foreigners” were not arrested and prosecuted by the Defendant to deter reoccurrence, or to ensure justice to the Plaintiffs and other victims.

x) The Plaintiffs and other survivors of the rights abuses have not been rehabilitated or resettled by the Defendant and its agencies till date. They have been homeless – as their entire villages and communities were burnt down – and living in camps without provision of basic amenities like clothing, food, healthcare and sanitation.  

y) The victims have been discriminated against by the Defendant and its agencies as they were not availed the protection of the law. Rather, the perpetrators are above the law and shielded from prosecution by the Defendant and its agencies.

z) The Plaintiffs and other victims of the rights abuses have not been compensated for the irreparable and irreplaceable losses, mental and physical state of being and blatant breach of their rights on account of the actions of the Fulani herdsmen and the Defendant’s inaction. 

aa) The rights abuses are still on-going and the Defendant has not put in place any mechanism or measure to protect the Plaintiffs and the surviving victims of the rights abuses in Agatu Communities. The Plaintiffs still live in perpetual fear of attacks and abuses.

bb) The Defendant and its agents have refused to reveal the identity of the perpetrators and no prosecution of the rights abusers has been made. The deliberate refusal to expose the aggressors has made it difficult for the Plaintiffs to approach national courts to seek redress against the “Fulani herdsmen”, their collaborators and the Defendant.  

cc) The Defendant’s actions and refusal to meet its primary and fundamental obligations of providing security and guaranteeing the inviolability of the Plaintiffs’ fundamental rights resulted in the gross violation of the Plaintiffs’ inalienable rights by the so called ‘Fulani herdsmen”. 

5. SUMMARY OF PLEAS IN LAW 

      International Instruments Relied On:

i) Article 4 (g) of the Revised Treaty of the Economic Community of West African States, 1993;

ii) Article 19 (2) of Protocol A/SP1/12/01 On Democracy and Good Governance of the Economic Community of West African States, 2001;

iii) Articles 1, 2, 3, 4, 5, 14, 16, 18, 19, 22 and 25 of the African Charter on Human and Peoples Rights, 1981;

iv) Articles 1, 3, 5, 12, 17 and 30 of the Universal Declaration of Human Rights (UDHR), 1948.

5.1    PLEA IN LAW NO. 1

The Plaintiffs are Community Citizens and inhabitants of Agatu in Nigeria. Their rights and that of other citizens as enshrined in the relevant international instruments have been grossly violated and still likely to be infringed. Are they entitled to enforce and enjoy these rights as guaranteed under the African Charter on Human and Peoples Rights, and other international Instruments?

As a set out, the rights enshrined in the African Charter on Human and Peoples Rights (“African Charter”) are applicable and binding on all Member States of ECOWAS by virtue of Article 4 (g) of the Revised Treaty of ECOWAS. It provides thus: 

THE HIGH CONTRACTING PARTIES, in pursuit of the objectives stated in Article 3 of this Treaty, solemnly affirm and declare their adherence to the following principle: (g) recognition, promotion and protection of human rights and peoples’ rights in accordance with the provisions of the African Charter on Human and Peoples Rights. 

The Defendant as a State party is bound to recognize and protect all the rights provided for in the African Charter. The  Defendant failed woefully in that duty and responsibility. 

Right to Equal Protection of the law

We submit that the Defendant and its agents have breached the Plaintiffs’ entitlement to equal protection of the law. This right draws from Article 3 of the African Charter on Humans and Peoples Rights.  Respectfully, the Defendant is the custodian of the laws of Nigeria with responsibility to apply the laws to protect the Plaintiffs from rights abuses. 

Sadly, the Plaintiffs and other victims of the Agatu Massacre were not accorded any protection of the law by the Defendant on the several occasions their rights were breached by the “Fulani herdsmen.” We rely on the facts and the annexures in support of our submission. We urge this Court to hold that the Defendant’s failure to protect the Plaintiff’s rights is a breach of Article 3 of the African Charter. 

Right to Life

Article 4 of the African Charter and Article 3 of the Universal Declaration of Human Rights guaranteed the inviolability and sanctity of human beings. It entails that “No one may be arbitrarily deprived of his or her life except by provisions of the law”. We submit that hundreds of Community Citizens from Agatu and other neighbouring communities were killed arbitrarily without regard to law or pronouncement of Courts. The violations of the right to life were consistent over years and are still ongoing due to the inaction of the Defendant. See the facts relied on and the annexures in proof.

Right to Dignity of Human Person

The right to the dignity inherent in a human being is provided for in Article 5 of the African Charter and Article 1 of the Universal Declaration of Human Rights. The inhabitants of Agatu were treated like animals and hounded as such. Their treatment by the Defendant is inglorious and demeaning. The facts established this abuse.

Right to Property

The right to property is guaranteed by Article 14 of the African Charter and same was grossly violated in the course of the various assaults on the Plaintiffs and their Communities. Their properties and all they had ever owned in life were destroyed and burnt due to the Defendant’s failure to protect same. Properties worth over N1, 000, 000,000 (One Billion Naira) were destroyed in breach. Houses and entire villages were burnt. Farms, Food barns, livestock and economic trees were all destroyed and burnt. These are indisputable facts. 

The Right To Family; Health And Development

The rights to physical and mental health; family life and development as granted to the Plaintiffs and other victims in Agatu by Articles 16, 18 and 22 of the African Charter were all breached by the “Fulani herdsmen” and the Defendant herein. 

The facts of the violations of these rights – contrary to the provisions of African Charter and other international instruments – are indubitably before this Court. We submit therefore that the Plaintiffs are entitled to enforcement and enjoyment of all the rights provided for in Articles 3, 4, 5, and 28 of the African Charter and Articles 1, 2, 3, 5, 7 and 12 of the Universal Declaration on Human Rights. 

It is our respectful submission that the actions of the Defendant is a flagrant breach of these international instruments, which it is obligated to recognize, promote and protect. We humbly urge Your Lordships to resolve this Plea in favour of the Plaintiffs.

PLEA-IN-LAWS NO. 2:

The Plaintiffs have stated that their rights were violated on several occasions and despite the public outcries and condemnations, the Defendant failed and refused to protect them and therefore aided the breach of their rights. Did the Defendant’s conducts amount to violations of the Plaintiffs’ rights as enshrined in the African Charter of Human and Peoples Rights? 

We submit that it is the primary duty and responsibility of the Defendant, to at all times, recognize and protect the rights of the citizens. We refer the Court to Article 4 (g) of the Revised ECOWAS Treaty; Articles 1 and 2 of the African Charter and Article 30 of the Universal Declaration of Human Rights. We also rely on the case of SIDI AMAR IBRAHIM & ANOR v. THE REPUBLIC OF NIGER (2011) CCJELR 1, to establish this position of the law.

For emphasis, Article 1 of the African Charter on Human and Peoples’ Rights provides that:

“The Member States of the Organization of Arican Unity parties to the Present Charter shall recognize the rights, duties and freedom enshrined in this Charter and shall undertake to adopt legislative or other measures to give effect to them.” 

It is submitted that the above referred international instruments imposed an obligation on the Federal Republic of Nigeria to take all measures to recognize, promote and protect the fundamental rights of persons living within its territory. Did the Defendant meet the obligation to recognize and protect the rights of the Agatu people in all circumstances of this case? It did not. 

We submit that the Defendant’s actions and inactions had majorly aided the breach of the Plaintiffs’ rights in the course of the last three years. The Defendant’s refusal to prevent the rights abuses and to bring the perpetrators to justice emboldened the perpetrators to continue with the human rights violations. 

This refusal and failure to prevent the breach of the Plaintiffs’ rights, is in itself, a direct violation of the Revised ECOWAS Treaty; the African Charter on Human and Peoples’ Rights and the Universal Declaration of Human Rights. These instruments inure for the protection of the citizens and any refusal to respect the provisions is a direct abuse of the citizens’ human rights.  

Our point simply put is that the Defendant refused to take legislative and security measures to protect the rights of the Agatu people from the so called “Fulani herdsmen”. The Defendant’s refusal to carry out that duty should be blamed on it. 

In HADIJATOU MANI KORAOU v. THE REPUBLIC OF NIGER, Judgment No ECW/CCJ/JUD/06/08 at page 86, this Honourable Court held The Republic of Niger liable for the inaction of its administrative and judicial authorities in the breach of the Applicant’s right. We urge you respectfully, to rely on that case in the determination of this Suit. 

Also, Articles 3, 4, 14, 16, 18, 19, 22 and 25 of the African Charter placed direct and positive duties on the Defendant to prevent the abuse of basic rights by other citizens. Rather, in this instance, the Defendant looked the other way while the Plaintiffs’ rights were being violated.   

In further support of our submission above, we refer the Court to Article 19 (2) of the ECOWAS Protocol A/SP1/12/01 On Democracy and Good Governance which provides that-

“The Police and other Security agencies shall be responsible for the maintenance of law and order and the protection of persons and their properties.”

Did the Defendant’s Police and other security agencies protect the Plaintiffs and the victims? No they did not. Rather, the Defendant’s Police Chief noted that the perpetrators of these heinous violations are “foreigners” and thereafter did nothing further to protect the victims. 

We submit that one of the key measures to give effect to the protection of the Plaintiffs’ rights is the prosecution of the perpetrators of these rights abuses. The Defendant simply refused to act to give effect to measures that ensures protection, prevention and of course justice to the victims. 

The Plaintiffs have submitted facts to the Court to establish that the Defendant’s agents knew the perpetrators of the rights abuses and despite several agitations have refused to reveal their identities or prosecute them for their actions. The Defendant’s refusal to identify the “Fulani herdsmen” has effectively barred the Plaintiffs from seeking redress before Courts in Nigeria. This inaction, we submit is a clear violation of Article 7 of the African Charter and Article 8 of the Universal Declaration of Human Rights. 

The Policemen who were stationed in Agatu and its environs did nothing as the inhabitants were brutally killed, mercilessly beaten, maimed, dehumanized and whole communities burnt down by the so called “Fulani herdsmen”.  

The Defendant’s failure and inaction in providing the needed protection and security for the Plaintiffs in the face of the numerous human rights abuses, we submit is a breach of all the international treaties it entered into to protect the rights of citizens. 

We respectfully urge the Court to hold the Defendant liable for the human rights abuses in Agatu, Benue State. The Federal Republic of Nigeria carries a civil responsibility in the violations of human lives and destruction of properties in Agatu. We rely on SIDI AMAR IBRAHIM & ANOR v. THE REPUBLIC OF NIGER (Supra) pg 1 at 19; paras. 61

PLEA-IN-LAWS NO. 3:

The Plaintiffs have lost lots of family members and relatives; their houses, properties and even communities to the numerous rights abuses. Most of them do not have shelters and basic amenities of life as they now live in absolute neglect. Considering their inhuman conditions, are they entitled to compensation, rehabilitation and resettlement by the Defendant? 

It is our respectful submission that the Plaintiffs are entitled to compensation, rehabilitation and resettlement by the Defendant. If the Defendant had acted in good faith to prevent the rights violations, there would have been no need to demand for compensation, rehabilitation and resettlement of the Plaintiffs and other victims. 

My Lords, it is a settled principle of law that where there is a right, there must be a remedy for the breach of the right. In this case, there are injuries to the Plaintiffs and it is only fair and just that they be put in a position of recompense by the Defendant. There are injuries and there must be remedies for them. See MANNEH v. REPUBLIC OF GAMBIA (2009) CCJELR (Pt.2)116 at 139; paras.45; 140 paras. 25-40

The facts of the inhuman state of the Plaintiffs and other victims of the rights abuses are deplorable and sad. The victims were sacked completely from the villages, their houses and properties burnt and they now lived in camps without any basic amenities. They have lost all forms of economic activities and even family life. They have also lost family members and relatives that cannot be replaced.

It is only fair that they should be paid compensation to enable them revive their lives and economy. They are also entitled to be rehabilitated and resettled by the Defendant as it is a responsibility of the Defendant to provide basic human needs for its citizens.

On the relief for payment of damages, we submit that the Applicants deserve damages in view of the arbitrary, oppressive, illegal and cruel conduct of the Defendant. The Defendant stood by, not once or twice but on several occasions, while its citizens were massacred in the Agatu communities. 

We submit that once this Court finds the Defendant’s actions to be a breach of the Plaintiffs’ rights and against the letters and spirit of the binding international instruments; it is bound to pay damages to the Plaintiffs. An award of damages is justified in this regard. We find support in UKOR v. LALEYE (2009) CCJELR (Pt.2) pg 30 at 57; paras. 10-25. 

Conclusion

We submit that the Plaintiffs have established (i) that their rights were breached incessantly by the “Fulani herdsmen and the Defendant; (ii) that the Defendant failed in its responsibility to the Plaintiffs and the relevant international instruments, to protect the rights of the Plaintiffs and (iii), that the Plaintiffs are entitled to compensation, rehabilitation and resettlement by the Defendant.  

We respectfully urge Your Lordships to answer Pleas Nos. 1, 2 and 3 in favour of the Plaintiffs.

ORDER SOUGHT BY THE APPLICANTS

i) A DECLARATION that the incessant killings, maiming of Community citizens and the destruction of the properties of the inhabitants of Agatu in Benue State by persons referred to as Fulani herdsmen; and the inaction of the Defendant in restraining them, constitutes a breach of the Plaintiffs’ Fundamental Rights as guaranteed by Articles 4, 14 and 16 of the African Charter On Human and Peoples’ Rights and Articles 3 and 17 of the Universal Declaration of Human Rights.

ii) A DECLARATION that the deliberate inaction of the Defendant in its refusal to recognize and protect the rights of the Plaintiffs and other victims of the incessant killings, maiming and the destruction of properties by Fulani herdsmen in Agatu, constitutes a breach of the Plaintiffs’ Fundamental Rights as guaranteed by Articles 1, 3, 4, 14, 16, 18, 22 and 25 of the African Charter On Human and Peoples’ Rights and Articles 2, 3 and 17 of the Universal Declaration of Human Rights.

iii) AN ORDER of this Court directing or compelling the Defendant to immediately take legislative, administrative and judicial measures to recognize, promote and protect the rights of the Plaintiffs and all members of their communities from further breach of their rights by Fulani herdsmen or any other group of Citizens. 

iv) AN ORDER directing the Defendant to pay the sum of N10,000,000,000.00 (Ten Billion Naira only) as adequate compensation to the Plaintiffs for deaths, injuries and destruction of properties due to the inaction of the Defendant in preventing the gross violation of the Plaintiffs’ fundamental rights by Fulani herdsmen or any other citizens.

v) AN ORDER directing the Defendant to resettle rebuild and rehabilitate the Plaintiffs and all surviving victims of the Agatu Communities; and to provide basic amenities in the destroyed communities in accordance with the provisions of the African Charter of Human and Peoples’ Rights and relevant International Instruments.  

NATURE OF EVIDENCE OFFERED: 

Documentary:

Online Media publications of:

1. Agatu Killings.

2. Images of Agatu Massacres.

                Dated this             day of    June   2016

ADAKOLE EDWIN INEGEDU, ESQ

ALBERT ADE’EJEMBI IGAH, ESQ

PLAINTIFFS’ COUNSEL

IGAH-KWO & ASSOCIATES

E 4 Wodi Shopping Complex, Gwagwalada, Abuja FCT, Nigeria.

Telephone: 234 816-716 -1720, 234 -818-195-6249;

E-mail: einegedu29@gmail.com.

FOR SERVICE ON:

The Federal Republic of Nigeria

C/o The Attorney – General of the Federation

Federal Ministry of Justice, Abuja, Nigeria

IN THE COMMUNITY COURT OF JUSTICE OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS) HOLDEN AT ABUJA, NIGERIA

SUIT NO:………………..

BETWEEN

1. DANJUMA OLOTU

2. CHIEF MORU AKWUCHI

3. ALIDU ADAIKWU

4. YUNUSA SALEH

5. YAHAYA  MOMOH

6. MAIKASUWA AHMED EJEMA EGA                    PLAINTIFFS

(For themselves and as Representatives of the victims in Ogwumogbo, Egba, Okokolo, Akwu. Obagaji, Okpachenyi, Ejema Ega Communities in Agatu, Benue State of Nigeria)

AND

FEDERAL REPUBLIC OF NIGERIA                          DEFENDANT

SCHEDULE OF DOCUMENTS RELIED ON

1. Online Vanguard News of Feb 14, 2015 – The Agatu Killing fields.

2. Nairaland online edition of  March 6, 2016

3. Online Punch News of March 12, 2016 – Agatu Massacre: Genocide against my people, says Mark.

4. This Day Live of March 18, 2016 – Agatu Killings: Benue House Caucus condemns FG’s Attitude.

5. Vanguard News of March 19, 2016 – Agatu Massacre: Victims accuse Buhari’s govt of insensitivity.

6. Reports Afrique of April 04, 2016 and Today.NG of April 03, 2016 – Agatu Massacre: “My worst experience as a humanitarian”. UN Official

7. Punch New of May 26, 2016 – IG, Ortom shuns Reps hearing on Agatu.

8. Today.NG of 28 May 2016 – Herdsmen still occupying about 4 villages in Agatu.

9. Pictorials and internet images of the Agatu Massacre and destructions.

ANNEXURES

© Copyright 2016 www.elombah.com; Send eyewitness accounts/reports/articles to publisher@elombah.com; follow us on twitter handle @Elombah; like our Facebook page: “Elombah.com”

Share your thoughts in the comment box below: