The Court further notes that a state is not internationally responsible if its conduct was
required by a peremptory norm of general international law. Or if its conduct was taken in
conformity with the right to self-defense under the United Nations Charter. Or if
it constituted a legitimate measure to pressure another state to comply with its
international obligations and if it was taken as a result of force majeure (greater force)
beyond the state’s control. If it could not reasonably be avoided in order to save a life or
lives, or if it constituted the only means of safeguarding an essential interest of the state
against a grave and imminent peril, where no essential interest of the states toward which
the obligation exists (or of the international community) was impaired.
In determining the issue, the Court analyzed the principle of states responsibility
alongside the facts, i.e. references to military uniforms and equipment; in particular the
imposition of a curfew; the conduct typical of security operations, such as the searches
of premises and questioning of residents. Further, the Respondent’s corroboration of
military operations in the area but had not reported any incidence of unlawful killing
concludes therefore, that the area was under military operations. By extension, this area
was under state responsibility, therefore a violation occasioned by persons acting under
the direction or control of the state against a citizen will render the state liable.
The Respondent, in the instant case maintained that there was State Control over the
area but submitted that its agents had no report of the incident resulting in the death of
Mr. Abutu Adamu. They denied knowledge of the named assailants and claimed to have
conducted an investigation to ascertain the facts as alleged. The Court notes that the
alleged unlawful and unjustified killing of Mr. Abutu Adamu by persons alleged to be
soldiers/agents, of the Respondent, is supported by a Death Certificate marked and
produced as Exhibit B states that the primary cause of death was “penetrating” and the
secondary cause of death was “gunshot”. The Respondent did not rebut this fact but
said that the incidence was unreported by their Special Task Force. The Court notes
however, that the facts denote that the Mobile Police Unit transported the deceased and
the first Applicant to Jos University Teaching Hospital where he was certified dead.
The Court recalls that in discharging its obligation the State is required to investigate any
alleged violation. The Court notes that the Respondent however, steadfastly claims to
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