to his attention. This investigation must meet the standards of natural justice principles as
was held by the European Court of Human Rights in the case of GUILIANI GAGGIO V
ITALY [GC]
(2011) no. 23458/02, &303, ECHR; where the Court found that the
investigation must be accessible to the victim’s family to the extent necessary to
safeguard their legitimate interests. There must also be a sufficient element of public
scrutiny of the investigation, the degree of which may vary from case to case. This Court,
in the instant case, notes that whilst the Respondent admitted to mounting an
investigation to into the allegation of death, the said investigation was inadequate.
The Applicant specifically pleaded that several complaints were made to relevant
agencies of the Respondent about the shooting incidence that resulted in the death of
their father but that the complaints were not addressed. They further alleged that the
police also refused to prosecute the unlawful killing of their father. The Court notes that
up to the time of the Application no such evidence to prove that the Respondent actually
investigated and prosecuted those responsible for the shooting that resulted in the
unlawful killing of the deceased was established.
The Respondent maintained however, that they mounted an investigation and that their
investigation showed that there were no army officers known as Corporal Aminu and Lt.
Col A.Y. Abdul who served on any task force. Agwan Rokuba had no existing records of
any shooting on the 26th December 2010 as claimed by the Applicants.
The Court therefore holds that the duty of the Respondent to investigate into the murder
of the deceased, father of the Applicants, was compromised. This compromise led to a
breach of its obligation and a violation of the right to life. The Court therefore holds that
the Respondent violated the right to life of the deceased.
ISSUE 5: Whether the Applicants can bring a claim for compensation in the
circumstances
That Applicants alleged that the deceased was the breadwinner in the family, indicating
that they were all dependents of the deceased. They further alleged that the death of the
deceased has caused them financial hardship and has subjected them to severe mental
torture and as such they qualify as victims by reason of the fact of them being dependents
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