in contravention of Arlicle 4 of the African Charter on Human and Peoples'
Rights.
b,
s7.
Alleged breach of dutlt to investigate (Articles
I & 4)
The Applicants argqed that no prompt or thorough investigation was carried
out into the death of Mr. Nunugwo and that the officials involved in the arrest
and subsequent questioning of the deceased were neither identified nor
arrested in conneotion with his death. The Applicants further maintained that
the mere fact that a post-mortem was not performed immediately after Mr.
Nunugwo's death violated the requirement for an expeditious investigation
and thus constitutes a failure on the part of the Respondent to conduct a
prompt, effective, efficient and impartial investigation into the circumstances
58.
In addressing the Applicants claim, it is pertinent to review the relevant facts
surrounding this case before the Court can come to its finding. To this extent,
the Court notes that Mr. Desmond Nunugwo was arrested on the 9th of June
2016 at about 5 pm. Shortly after his arrest and subsequent detention, he
collapsed and was rushed to the hospital where he was pronounced dead. The
Applicants, through their lawyer, drew the attention of the authorities on the
unclear circurnstances leading to their brother's death and insisted that an
investigation be carried out to ascertain the cause of his death. Despite their
demands, no investigation was carried out by any State officials. On the 18tr
of April 2018, approxirnately (2) years after the death of Mr. Nunugwo, an
autopsy was conducted, and the report revealed that the deceased died as a
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