14. Summary of Pleas in Law of the Applicant
15. Applicant says the Federal Government of Nigeria has a duty and obligation
under the relevant statutes and conventions to take pre-emptive measures to protect
and guarantee the Applicants Rights to life. The failure of the Federal Government
of Nigeria to provide security for the deceased and those who are alive but lost their
assets and properties and their continued refusal to provide for those who are alive
now is contrary to Applicants Rights to life guaranteed under Article 4 (g) of the
Revised Treaty of the Economic community of West African States (ECOWAS)
1993 which provides for the applicability of the provisions of African Charter on
Human and people rights to members states of ECOWAS state as follows:
“Member States have obligation ....for recognition, promotion and protection
of human and people’s rights in accordance with the provisions of the African
Charter on Human and Peoples Rights.”
16. The Applicants argued that the Respondent has ratified the African Charter on
Human and People’s Rights Article 1 of which provides that:
“The member States of the Organisation of African Unity parties of the
Charter shall recognise the rights, duties and freedoms enshrined in this
Charter and shall undertake to adopt legislative or other measures to give
effect to them.”
17. Article 2 provides that:
“Every individual shall be entitled to the enjoyment of the rights and freedom
recognised and guaranteed in the present charter without distinction of any
kind such as race, ethic group, colour, sex, language, religion, political or
any other opinion, national, social origin, fortune, birth or other status.”
18. Article 3 provides for equality before the law and protection under the law,
while Article 4 provides that:
“Human beings are inviolable. Every human being shall be entitled to respect
for his life and the integrity of his person. No one may be arbitrarily deprived
of this right.”
19. The International Covenant on Civil and Political Rights provides that:
‘’every human being has the inherent right to life. This right shall be
protected by law. No one shall be arbitrarily deprived of his life’’
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