I. THE PARTIES AND THEIR REPRESENTATION The Application was lodged before the Court on 6 September 2012 by twentyone (21) persons in their capacity as dependents, relations and children of 5 persons presented as deceased, namely the late Messrs. Ndubuisi Christian Nnalue, Godwin Chigbo lsidienu, Chukwudi Eke, Uche Onuwuesi and Chinedu Onwe. The Defendant is the Federal Republic of Nigeria. II. SUMMARY OF THE FACTS AND PROCEDURE In the terms of the Application filed by the Plaintiff, the five deceased persons mentioned above allegedly died after they were "taken into police· custody by officers of Nigerian Police Force at Oregbemi Police Station and State C.I.D., Benin, Edo State, Nigeria, on 13 October 2010, and subsequently executed in the early morning of 16 October 2010 by the said officers while under their custody." The Plaintiff equally averred that the deceased persons have not been seen by their families nor has any information been received concerning their whereabouts, since their arrest and detention; and that that was why in their capacity as dependents, relations and children of the presumed dead persons, they sued the Federal Republic of Nigeria before the ECOWAS Court of Justice, asking the Court to find that their fundamental rights, as guaranteed under Articles 1, 4, 5, 6 and 7 of the African Charter on Human and Peoples' Rights, are violated. At the time the case came before the ECOWAS Court of Justice, the Federal Court of Nigeria had already been seized with the same case in 2011 and the reliefs sought before the said the Federal Court of Nigeria were dismissed. Before the ECOWAS Court of Justice, the case was heard during two court sessions, one on 9 February 2015, and the other on 14 October 2015. At the first court hearing, the Court made an order that the Federal Republic of Nigeria must produce the arrest warrant and other documents relating to the arrest and interrogation of the persons considered to have "disappeared", the order having been served on the Parties on 17 February 2015. 2

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