of the deceased (their father). The Applicants, having lost their source of support and the
state having failed to investigate the allegations, puts the Respondent in a blameworthy
situation. The Court is obliged to consider whether the Applicants being found in such a
situation as deprivation of support, are entitled to compensation.
The Court notes that compensation in human rights cases is meant to put the claimants
in the position that they were before the violation occurred. This is meant to cater for any
proven hardships following the violation. In the present case, since the Applicants claim
that their support has been extinguished by the demise of their father, who was the
breadwinner for the family, it is incumbent upon the Court to consider the justification of
their entitlement to compensation or otherwise.
The Court notes that the Applicants had suffered variously since the death of the Mr.
Abutu Adamu. Though the Applicants failed to furnish the Court with their respective dates
of birth, the facts of the case are that they include children of school going ages, who
were deprived from going to school because their breadwinner was killed unlawfully. In
her attempt to clarify the issue of date of birth of the Applicants, the First Applicant who
herself did not provide documentary evidence in support of her age, during her oral
testimony on oath clearly submitted that her birth was unrecorded. The Court recalls that
the Respondent never controverted these facts neither in their defense nor during cross
examination. It is trite law that, uncontroverted oral evidence on oath concerning any fact
in issue in a trial renders the said fact as duly proven and the Court is unfettered to rely
on same for its decision. This is particularly so where the credibility of the witness stands
not impugned. Consequently, the Court deems that facts specifically pleaded by the
Applicants and not denied by the Respondent are deemed to have been admitted.
Having declared that the Applicants are indirect victims clothed with the requisite capacity
to bring their claims against the Respondent, and acknowledging that they have suffered
irreparable loss, and having been subjected to various degrees of hardship, both present
and in future, this Court finds that they are entitled to compensation and the Court so
holds.
Decision
15