bid to re-arrest him, as the last option, the suspect was fired on his leg by the police and he was re-arrested 8. That the suspect was brought to the Police Headquarters and was immediately taken to the clinic for treatment, while receiving treatment, the suspect Ikyase Chia died and the Doctor on duty Certified him dead. 9. That the matter was transferred from Divisional Police Headquarters TseAgberagba in Konshisha Local Government to Inspector Benjamin Yankyaa of State CID, Police headquarters, Makurdi Benue State for discreet investigation 10. The Defendants also deny paragraphs 26, 27, 28, to 37 of the plaintiffs statement of facts. In further answer, the Defendants state that late IKyase Chia was never a trader, nor a businessman, nor a community leader, nor a respected member of his community, nor the Secretary of his Ward party. Late Ikyase Chia was only known as a notorious robber, a bandit and a disdain 11.The Defendants further aver that the 1st Defendant, in collaboration with its 36 component states and its Federal Capital Territory Administration, offer free basic education to all Nigerian citizens, including the children of late Ikyase Chia. Their respective rights to education are specifically protected and are still provided In conclusion, the Defendants submit that the Plaintiffs have not provided this court with any proof of violation of their human Right as guaranteed under the Nigerian Constitution as well as the African Charter on Human and Peoples Right. Thus, the plaintiffs have failed to show international Human Rights Laws or treaties violated by the Defendants and in the absence of any such violation, urged the court to declare the Plaintiffs Application as inadmissible and dismiss same. Wherefore the Defendants sought the following Orders from the court (a) A declaration that the shooting of the deceased (late IKyase Chia) on his left leg while he was escaping from lawful arrest/custody, being the only option to effect his re-arrest, cannot by section 33(2) (a—c ) of the Nigerian Constitution and the African Charter, be classified as an unjustifiable or arbitrary action, in view of the facts and circumstances of this case 7