237 of the Rules that guide the use of firearms by Police particularly section 3(d) and (e) which provides that:……. a police officer may use firearms if he cannot by any other means arrest a person being in lawful custody who escapes and takes to flight in order to avoid re-arrest,….. And if he cannot by any other means arrest a person who takes to flight in other to avoid arrest, provided the offence is such that the accused may be punished with death or imprisonment for seven (7) years or more.” The Defendant in support of its claim, claimed that Ikyase Chia was a suspected armed robber who has been on the run for the murder of one Sergeant Mohammed Ahmed. However, they could not adduce evidence suggesting that he was an armed robber. Even if he was the Defendant will still be liable for violation of his right to life if the circumstances under which he was killed was unlawful. The requirement under international law as well as domestic law on the use of force by State agents is that, if possible, non-violent means should be used to resolve an incident before. The use of force is a last resort and must be absolutely necessary. In McCann and Others v United Kingdom (1995) 21 EHRR 97 the European Court held that force can only be used where it is no more than absolutely necessary. Any use of force must be reasonable in the circumstances. This means that:  The use of force must be absolutely necessary for a purpose permitted by law, such as self-defence, defence of another, to prevent crime, or to effect a lawful arrest – force should be the last resort.  The amount of force used must also be reasonable and proportionate and the degree of force used must be the minimum required in the circumstances to achieve the lawful objective, otherwise, it is likely that the use of force will be excessive and unlawful. 21