5. FACTS AND PROCEDURE: 1. Facts as presented by the Plaintiff: The Applicant in this Application is Danladi Angulu Kwasu, the father of the deceased (the subject matter of this action), a Nigerian and a Community Citizen residing in Kaduna Nigeria. The Defendant is the Federal Republic of Nigeria, a member State of the Economic Community of West African States (ECOWAS). The Applicant avers that his son late Cadet El Shaddai Zishindung Kwasu (NDA/ 10037) was admitted by the Nigerian Defence Academy (NDA) an Institution run by the Defendant in September 2014 as a member of the 66 th Regular Course. As part of the training, on the 30 th of April, 2015, the NDA caused the deceased and his mates to participate in a camping exercise which included swimming. He further avers that the deceased who did not know how to swim, was pushed into the water of the Kangimi Dam in the outskirts of Kaduna Nigeria without the provision of life jacket and without any other measure being taken to ensure the safety of anyone inside the water. There were also no life guard or divers that could go into the water to save life in case of emergency. It is the case of the Applicant that his son (the deceased) who was pushed into the water despite protestation got drowned and that it took the NDA over 3 3