Is not fatal to the claim.
In view of the foregoing, the Court holds, that the Plaintiffs have sufficiently proved
the allegation of physical assault inflicted on the Deceased by the Officers of the
Defendant to substantiate their claim. Consequently, this assertion fails.
On Right to Education
The Plaintiffs contend that the unlawful killing of Ikyase Chia by the agents of the
Defendant has become a threat to the continued enjoyment of the right to education
of his children the 5th-8thApplicants as well as the Applicants described as minors as
guaranteed by Article 17(1) of the African Charter.
In response, the Defendant contends that from the entire facts adduced, there is no
evidence in support of the Plaintiffs’ claim that they contravened their obligation to
provide education to its citizen nor denied any of the children of late Ikyase chia
their right to education. Furthermore, that the Defendant, have in collaboration with
its 36 States and the Federal Capital Territory Administration, offered free basic
education to all Nigerian Citizens, including the children of late Ikyase Chia.
Everyone has the right to education and this right is guaranteed under the
international and regional human rights laws. Article 17(1) of the African Charter
on Human and Peoples’ Rights provides for the Right to education.
The Plaintiffs allegation is based on the unlawful killing of Ikyase Chia by the
Nigeria Police which has adversely affected the right to education of the deceased
children. That before the death of Ikyase Chia, the 5th-8th Plaintiffs were in various
schools and his untimely death has made it practically impossible for the family to
continue funding the educational needs of his children thereby forcing them to drop
out of school.
The Plaintiffs in the instant case have not shown that the 5 th-8th Plaintiffs as well as
the minors were attending any school in Nigeria prior to the death of the deceased.
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