deceased) was enlisted for training as a cadet officer by the Nigeria Defence
Academy(NDA) an institution of the Defendant established to train officers who
intend pursuing a career in the Armed Forces.
As part of the training, the NDA took the Applicant’s son and his mates to a camping
exercise which included participation in swimming. The Applicant’s son did not
know how to swim but was pushed into the water at Kanginni Dam in Kaduna –
Nigeria without any measures being taken for his safety. The deceased was forcibly
pushed into the water despite protests from him that he couldn’t swim. The deceased
as a result lost his life by drowning.
Following the incident, it took the help of local divers by the use of fish hook three
hours to bring out the corpse of the deceased from the water. The Applicant being
aggrieved brought this action seeking the reliefs already stated above. In support of
his claim the Applicant argued that:
i.
The right to life is a fundamental right guaranteed by the Constitution
of the Defendant as well as Article 4 of the African Charter on Human
and Peoples’ Rights and the International Covenant on Civil and
Political Rights.
ii.
The Defendant is under obligation by Article 1 of the African Charter
to recognize, protect the rights guaranteed by the Charter.
iii.
The failure of the NDA to provide safety measures like life jacket, life
guard or diver prior to letting the Applicants’ son into water at Kanginni
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