18. On 24th January 2017, the Plaintiff was present in the Court but the defendant
was absent from court and its preliminary objection motion was struck out for want
of diligent prosecution. The court ordered therefore that subsequently, the case
will be determined mainly on the basis of Plaintiff’s claim. The case was adjourned
for hearing to 20th March, 2017 for hearing.
19. The case was subsequently called on 16th December 2017, plaintiff represented
himself in Court. The Defendant was absent and not represented. The case was
heard and adjourned to 5th December, 2017 for judgment.
20. On November 8th, 2018, the Court session was held again; this time constituted
by a new panel of judges. 1st Plaintiff was present in Court but Defendant was
absent, though earlier served with hearing notices to attend court. Plaintiffs
adopted all their pleadings and prayed the Court for a date for judgment. The Court
deemed all the submissions adopted and made an order that the judgment date
would be communicated to the parties in due time. Consequently, the court
ordered the matter to be fixed for judgment today after ordering hearing notices
to be served on the parties accordingly.
The pleas in law:
The Plaintiffs filed the summary of their pleas in law with the plan to canvass legal
argument during the hearing by way of written address, the case was heard in Court
on 16th October, 2017 but no written address was submitted on record.
Summary of pleas in law as filed by the Plaintiffs:
21. Plaintiffs summarized their pleas in law and relied on the following provisions:
a. Article XIX of the African Charter on Human and Peoples’ Rights.
b. Article 19 of the Universal Declaration of Human Rights
c. Article 19 of the International Covenant on Civil and Political rights.
e. ECOWAS Protocol on Democracy and Good Governance.
22. Pleas in law relied upon by the Defendant in their preliminary objection:
a. Article 19 of the Universal Declaration of Human Rights & International
Convention on Civil and Political Rights.
b. The Constitution of the Federal Republic of Nigeria 1999 (as amended)
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