The facts of this case are not substantially in dispute. First the Applicants’ son applied and was admitted into the Nigerian Defence Academy, an Institution of the Defendant for the training of officers of its Armed Forces. The Applicant and his son entered into an undertaking not to bring any action against the Institution in the event of death or injury to the Applicant’s son during or after the course of the training. The training involved a camp which included watermanship (i.e. training in water). On the 30th of April 2015, the deceased and other cadets went to one Kanginni Dam in Kaduna State Nigeria where in the course of the exercise the deceased was drowned. The Applicant alleged that his son would not have died if safety measures were provided for the exercise and that it was due to the negligence of the Defendant’s Institution that led to the loss of life thereby violating Article 4 of the African Charter on Human and Peoples Rights. He therefore brought this action claiming compensation for the death of his son and other ancillary orders. The Defendant questioned the jurisdiction of this Court on two major grounds; i. That the action is founded on the tort of negligence and not on violation of fundamental human rights. ii. That the consent given by the Applicant and his son to the Nigerian Defence Academy amounts to a defence of volenti non- fit injuria, 15