i, i 43. The import of the above-mentioned provision is that State agents are prohibited from arbitrarily taking life in any form or manner. According to Article 1 of the African Charter, States have the obligations to respect ald guarantee the human rights recognized therein. The obligation to guarantee the right to life presupposes the duty of States to protect, preserve and ensure that potential violation of this right is effectively considered as an unlawful act which should result in the punishment of the person(s) found culpable as well 44. as the obligation to compensate the victims. The crux of the present application is the alleged violation of the Applicants brother's right to life by agents of the Respondent. The Applicants claim that the late Mr. Desmond Nunugwo was arrested by the EFCC on an alleged crime he was never charged with. Shortly after he was detained, he died whilst in custody of the EFCC. Despite several demands made to the offrcials of the EFCC to give an account of the events leading to his demise, their demands 45. The Applicants maintained that it was incumbent on the Respondent to ensure the safety of Mr. Nunugwo whilst in custody and failure to do so, amounts to a 46. breach of its'obligation under Article 4 of the African Charter. The Respondent on the other hand contests this claim and denies the involvement of its agents in the death of late Mr. Nunugwo. According to the Respondent,'the autopsy conducted onthe deceaied revealed that he died as a reiult of rnalignant hypertension and severe hypertension cardiovascular disease and thus puts the Applicants to the strictest of proof. 47. The fundqenlal rule of evidence regarding burden of proof is that, the parfy alleging the existence of facts must lead evidence in affirmation of those facts. The Court held this position in the case GABNEL INYANG & ANOR v, THE FEDERAL REPUBLIC OF NIGERIA, ECW/CCJ/JUD/20/15 unreported that: 13 N{W @ \