"Under International Law a State is responsible for the acts of its agents undertaken in their
official capacity and for their omission, even when those agents act outside the sphere of their
authority or violate internal law".
In Tidjani Konte V. Republic of Ghana, this court observed that:
"The State remains the sole obligator to respect, protect and fulfill
human rights under the Treaty and placed reliance on Article 6 of the
Report of the 53rd Session of International Law Commission which
provides "the conduct of an organ of State shall be considered as an act
of that State under International Law, whether that organ belongs to
the constituent, legislative, executive, judicial or other power, whether
its functions are of international or subordinate position in the
organization of the State".
The law is also well settled that where there is a wrong, there must be a remedy. To this
end and in this context as it relates to the facts of the case and the submissions of both
parties, the state is at all material times responsible for the actions and inactions of its
agents.
In view of the above, the contention of the Defence that they have been joined to
confer jurisdiction on this court is not tenable. The Defendant for all intends and
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