hours before bringing him out from the water via the services of a local diver who used a fish hook to pull him by the mouth like a fish dragging him out of the water dead. Following this incident, the Applicant brought this action before the Community Court of Justice seeking the following reliefs; 1. A DECLARATION that the killing of the Applicant’s son by the agents of the Defendant through drowning is illegal and a violation of Articles, 1, 3, 4. 5. 18 and 23 of the African Charter on Human and Peoples’ Rights. 2. A DECLARATION that the failure of the Defendant to investigate and prosecute those involved in the killing of the Applicant’s son is illegal as it violates 33 of the 1999 Constitution of the Federal Republic of Nigeria as well as Article 4 of the African Charter on Human and Peoples’ Rights 3. AN ORDER directing the Defendant to investigate and prosecute the individuals involved in the negligent killing of the Applicants son forthwith. 4. An ORDER directing the Defendants to pay the sum of USD 10 million to the Applicant as compensation for the unlawful killing of his son. 5(ii) THE DEFENDANTS CASE: In their statement of Defence, the Defendants denied all the allegations especially paragraphs 4, 5 and 6 of the Applicant’s narration of facts and required the Applicants to prove same. 4