armed forces. Part of the training was an exercise in watermanship for which the deceased with other Colleagues were taken to a dam in Kaduna State. The Applicant alleged that the officials of the Nigerian Defence Academy (NDA) did not provide safety measures like life jacket or divers in case of an emergency. The deceased had never swam before and was reluctant to undertake the exercise but was pushed into the river by the officers. There is evidence supporting this allegation by PW1 (Haliru Ali) who stated that where a cadet is afraid of getting into the river he was usually pushed into it. Although the Defendant’s stated that safety gadgets were provided they could not substantiate that by evidence. More so, there is uncontradicted evidence that when the corpse of the deceased was removed from the water he was only wearing an underpant. Uncontroverted evidence also showed that the Plaintiffs’ son died of drowning due to the negligence of the officials of the Defendant. It is unreasonable to push a person into a deep water in the circumstances that it is evident he cannot swim. This is an unwarranted and unreasonable conduct by the Defendant. Accordingly, there is a casual link between the death of the deceased and the act or omission of the officials of the Defendant. Thus the refusal, neglect or omission of the officials to provide safety equipment for the training that led to the death of the deceased and that was a foreseeable consequence. The officials of the Defendants ought to have taken all possible measures to ensure the safety of the Applicants son, and this they failed to do. This in itself is sufficient on a preponderance of evidence to elicit the 24

Select target paragraph3