Is not fatal to the claim. In view of the foregoing, the Court holds, that the Plaintiffs have sufficiently proved the allegation of physical assault inflicted on the Deceased by the Officers of the Defendant to substantiate their claim. Consequently, this assertion fails. On Right to Education The Plaintiffs contend that the unlawful killing of Ikyase Chia by the agents of the Defendant has become a threat to the continued enjoyment of the right to education of his children the 5th-8thApplicants as well as the Applicants described as minors as guaranteed by Article 17(1) of the African Charter. In response, the Defendant contends that from the entire facts adduced, there is no evidence in support of the Plaintiffs’ claim that they contravened their obligation to provide education to its citizen nor denied any of the children of late Ikyase chia their right to education. Furthermore, that the Defendant, have in collaboration with its 36 States and the Federal Capital Territory Administration, offered free basic education to all Nigerian Citizens, including the children of late Ikyase Chia. Everyone has the right to education and this right is guaranteed under the international and regional human rights laws. Article 17(1) of the African Charter on Human and Peoples’ Rights provides for the Right to education. The Plaintiffs allegation is based on the unlawful killing of Ikyase Chia by the Nigeria Police which has adversely affected the right to education of the deceased children. That before the death of Ikyase Chia, the 5th-8th Plaintiffs were in various schools and his untimely death has made it practically impossible for the family to continue funding the educational needs of his children thereby forcing them to drop out of school. The Plaintiffs in the instant case have not shown that the 5 th-8th Plaintiffs as well as the minors were attending any school in Nigeria prior to the death of the deceased. 27

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