refusal of the Defendant to investigate and arrest those responsible for the tragic incident, the Honourable Court ought to award colossal damages to the “Applicant”. In their own submissions, the Defendant submitted as follows; i. That the right to life is the most fundamental of all human rights since other rights can only be exercised by a person who is alive, See: Forum of Conscience Vs. Sierra Leone (2000) AHLR 293. ii. That the right to life is guaranteed by Article 4 of the African Charter iii. That S.2 of the Nigeria Defence Academy Act Cap N. 101 LFN 1990 provides that “The Academy shall provide each officer cadet with the knowledge skills and values necessary to meet the requirements of a military officer through military academic and character development”. The law also provides processes for enlistment and training as a member of the Armed Forces of the Defendant. iv. That the provisions emphasizes the importance of training the Applicant’s son (now deceased) was subjected to as was done to every other cadet officer in the Academy. v. That the Applicant and his son (now deceased) having consented to enlistment into the Academy, cannot be heard complaining and claiming damages for an alleged negligence, and this robbed the Court of jurisdiction as it has no jurisdiction to try allegations of negligence. He 13

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