(ii) WHETHER FROM THE TOTALITY OF EVIDENCE ADDUCED, THE DEFENDANT IS IN VIOLATION OF THE PLAINTIFFS’ RIGHTS AS ALLEGED The application before the Court borders on the alleged failure of the Defendant to protect the fundamental right to life and dignity of human person of one Ikyase Chia (Deceased) the Plaintiffs’ sole benefactor. The Defendant on the other hand contends that the late Ikyase Chia, during his life time was reasonably suspected to have committed offences of criminal conspiracy, armed robbery and culpable homicide and has been on the run. That upon receipt of information of his presence in town, the police arrested him and on their way to the police station, Ikyase Chia attempted to escape, as a result, he was shot and rearrested and taken to the hospital where he later died. There was no evidence to substantiate this claim. The right to challenge the unlawfulness or arbitrariness of deprivation of life is set out in a number of core International Human Rights instruments. Article 4 African Charter on Human and Peoples' Rights provides: "Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one shall be arbitrarily deprived of this right". Article 6(1) International Covenant on Civil and Political Rights provides: "Every human being has the inherent right to life. This right shall be protected by law; no one shall be arbitrarily deprived of his life". Section 33(1) of the Constitution of the Federal Republic of Nigeria (CFRN), 1999, provides that “every person has a right to life, and no one shall be deprived 16