PW2:
Yes, if you are in the barracks you can see our house.
The Applicants also alleged that the assailants were dressed in military fatigues and
carried guns. That one of the assailants (Cpl. Aminu) had shot her father, the deceased,
whilst the other (Lt. Col. A. Y. Abdul) had participated in beating her and her cousin Obeya
after they apprehended Corporal Aminu who had shot their father. That the assailants,
alleged soldiers, had been taken away by their boss who questioned the act of shooting:
TARFA:
So you were not even the one that saw the military officers
when they came with their boss. You were already
unconscious then or at what point where you unconscious? At
what point?
PW2:
I said before, by the time I held him and the colleagues wanted
to remove him that was the time the boss came when the boss
came he started to speak. I heard him when he said why?
Why did you shoot? And it was at that time that I lost
consciousness and they took me to the hospital.
The Respondent in reply corroborated by way of letter Exhibited as F, Paragraph 25 and
dated 3rd November, 2011. The said letter contained a denial that the named assailants,
Cpl. Aminu and Lt Col. A.Y. Abdul, were not agents in the Special Task Force. Further,
that there was no record of a shooting of the deceased at Agwan Rukuba on 26 th
December, 2010. They maintained that they had conducted an investigation into the
complaint of the Applicants and had come out with a finding.
The Court notes that state responsibility includes the State's power to protect its citizens
outside its national boundaries or a State's exercise of its right and duty to do so.
Naturally, obligatory rights under international law implies responsibilities which make
States liable for their obligations if they are breached, provided the breach is attributable
to the state. This makes the State responsible for direct violations of obligations under
international law either by its internal institutions, however they are defined by its domestic
law; by entities and persons exercising governmental authority; and by persons acting
under the direction or control of the state.
11