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 22

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