persons (represented in this claim by the 1st Applicant on behalf of the deceased families) and injury to the 2nd to 12th Applicants. Their argument is that the agents of the Defendant, ought to have used non – lethal force in incapacitating suspected members of the Boko Haram Sect during the operation. Article 4 of the African Charter on Human and Peoples’ Rights, the most fundamental Provisions of the Charter encapsulates and safeguards the right to life. It provides as follows: 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 life. In the same vein, S.33 of the Defendant’s Constitution 1999 provides that: 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 of such extent and in such circumstances as are permitted by law, of such force as is reasonably necessary; a. For the defense of any person from unlawful violence or for the defense of property. b. In order to effect a lawful arrest or prevent the escape of a person lawfully detained; c. For the purpose of or suppressing a riot, insurrection or mutiny (we may equally add or terrorism); From the totality of the provisions especially the Charter, what makes a deprivation of life under Articles 4 unlawful is the arbitrariness of the act. The word ‘Arbitrariness’ is defined by the Black’s Law Dictionary (7th Edition) as “depending on individuals discretion rather than by fixed rules of procedure or law. In the same vein, S.33 (1) of the Defendant’s Constitution prohibits intentional deprivation of life and where intentional must be in accordance with S.33 (2) stated above. Deprivation of life is therefore unacceptable when not done in accordance with the law. 40