side by side as to compare and find out whether an ill treatment
was concretely meted out to either one or both of them.”1
The Court notes from the facts of the case that the Applicant has not shown any
proof that the treatment he received from the Nigerian Army, was different from
the treatment meted to another person who was tried and convicted of a similar
offence. In other words the Applicant has not proved that the Respondent’s action
towards him during his trial by the Military Court Martial was discriminatory under
the applicable law, which is the Armed Forces Act. The Applicant having not
established this claim, the relief sought fails and is therefore dismissed and the
Court so holds.
b) Right to equal protection of the law.
On the other hand, the right to equal protection of the law in the context of the right
to a fair trial, as provided for under Article 14(5) of the ICCPR states that,
“Everyone convicted of a crime shall have the right to his conviction and
sentence being reviewed by a higher tribunal according to law.”
The court is unable find any documentary evidence before it to reach a conclusion
that this allegation has been established. The claim being unfounded and is
therefore dismissed and the Court so holds.
50. 0n the right to life
The Applicant alleges that his right under Article 4 of the Charter was violated.
Article 4 of the Charter provides:
“Human beings are inviolable. Every human being shall be entitled
to respect for his life and the integrity of his person. No one may be
arbitrarily deprived of this right.”
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