4. ARGUMENTS BY THE DEFENDANT.
In their argument in law, the Defendant formulated two issues for determination
in this application namely;
i.
Whether the Defendant(s) are in breach of International conventions and
law such as the African Charter on Human and Peoples’ Rights and other
International Conventions relied on by the Applicants.
ii.
Whether in the circumstance of this case, the Applicant has a cause of
action and locus standi to institute this action.
With regard to issue no 1, she submitted as follows:
i. That the Constitution of the Federal Republic of Nigeria 1999 provides
for the Supremacy of the Constitution over all other laws.
ii. That the Constitution also recognizes the right to life under s.33 thereof
thus:
“Every person has a right to life, and no one shall be deprived intentionally of his
right of life”.
Furthermore, it was submitted that the African Charter on Human and
Peoples’ Rights in Article 4 provides that;
“Human beings are inviolable, every human being shall be entitled to respect to
his life and integrity of his persons. No one may be arbitrarily deprived of his
right”.
Moving further, the Defendant cited s.33 (2) of the Constitution of Nigeria
1999 relating to the exceptions to the right to life as follows;
A person shall not be regarded as having been deprived of his
life in contravention of this section, if he dies as a result of the use to such
extent and in such circumstances as are permitted by law, such force as is
necessarya. For the defence of any person from unlawful violence or for defence of
property.
b. In order to effect a lawful arrest or to prevent the escape of a person
lawfully detained , or
c. For the purpose of suppressing a riot, insurrection or mutiny. He
specifically defined insurrection as distinct from an offence connected
by Mob violence by the fact that in insurrection there is an organized
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