The Court notes that this provision deals exclusively with the fundamental right to
life and the prohibition of the deprivation of this right arbitrarily. It envisages a
complete annihilation of a human being which though must not be arbitrary, in
other words a victim of the violation of the right to life is expected to be dead and
not able to speak for him/her self. From the submissions of the Applicant, it is clear
that he is very much alive and well. Specifically, the Court notes his averment in
paragraph xl of his statement of fact, in which he stated that, “The Applicant aver
that following his irregular and unlawful dismissal from the Nigerian Army, he has
been made to be an idle young man residing at Bandawa Lugere Lamurde Local
Government Area of Adamawa State without no reasonable and feasible means of
sustenance.” This is a clear indication that the Applicant is alive and resides in
Adamawa state.
The Court finds that the Applicant’s claim is baseless, unfounded and therefore
holds that the Applicant’s right to life has not been violated.
51. On The right to respect of the dignity inherent in a human being and
prohibition from torture.
The Applicant alleges that while he was in detention, he was physically,
psychologically, mentally and emotionally traumatised, which is a violation of his
rights under Article 5 of the Charter. Article 1 (1) of the United Nations Convention
Against Torture (UNCAT), which is the internationally recognised instrument on
torture, defines torture as:
“…any act by which severe pain or suffering, whether physical
or mental is intentionally inflicted on a person for such
purposes as obtaining from him or a third person information
or a confession, punishing him for an act he or a third person
has committed or is suspected of having committed, or
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