because, since they cannot, as a rule, be sued before domestic jurisdiction, the only avenue left to victims for seeking redress for grievance against those institutions is the Community Court of Justice”. It is a well established rule of international law that, the conduct of any organ of a State is regarded as the act of that State. State responsibility means that the act committed by an organ, agents and State officials should be attributed to the state party. A state cannot take refuge on the notion that the act or omissions were not carried out by its agents in their official capacity or that the organ or official acted contrary to orders, or exceed its authority under internal law In Tidjani Konte V. Republic of Ghana Judgment No. ECW/CCJ/JUD/11/14 unreported, the 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 organisation of the State". The Nigerian Police and its officers are agents of the 1st Defendant who carried out the alleged act in their official capacity. Therefore, the 1 st Defendant being responsible for the acts of its agents is a proper party in this suit. The 2nd Defendant not being a signatory to the ECOWAS Treaty is not a proper party and should be struck out. 15