police and security forces - that the complaints are made. That hierarchical relationship of authority creates, at any rate, a presumption of default on the part of the State in its obligations. Contrary to the affirmation made by the Federal Republic of Nigeria, in its written pleadings, it is indeed possible to sue a State for the "murder" or "disappearance" of human beings whose right to life the State is under obligation to protect. In that connection, it is not the first time the ECOWAS Court is entertaining an action filed on behalf of a "deceased" person, or for a person placed in a situation which makes it practically impossible for him to claim his rights. In Case Concerning Chief Ebrimah Manneh v. Republic of Gambia, whose judgment was delivered on 5 June 2008 in regard to a journalist who had been held in The Gambia's prisons- with the said journalist finding himself in a situation where it was impossible for him to plead, himself, for his rights- the Court ruled that: "... the Republic of the Gambia releases Chief Ebrimah Manneh, Plaintiff herein from unlawful detention without any further delay ... that the human rights of the Plaintiff be restored, especially his freedom of movement." (Paragraph 44 (i) and (ii)). In conclusion, the Court shall set aside the Defendant's argument that the interests and rights of a 11deceased" person cannot be defended before court, not even where there is a proven violation of the deceased person's right. The resultant effect is that, the Plaintiff's application before the Court for violation of the rights of persons presumed dead, is admissible and actionable. C- The weight of the evidence adduced by the Plaintiff Having examined the legal capacity for suing, both from the status of the Plaintiff and from the previous procedure already followed, the Court shall now turn its attention to the merits of the case. It is appropriate, at this stage, to recall the circumstances of the cause being pleaded before this Court. The Plaintiff, numbering 21, who are relations, heirs or dependents of the presumed victims, allege the "enforced disappearance" of 5 persons- Ndubuisi Christian Nnalue, Godwin Chigbo lsidienu, Chukwudi Eke, Uche Onuwuesi and Chinedu Onwe, who were allegedly detained and "executed" (Plaintiff Argument in Support of Application) by the Police Force of Edo State in the morning of 15 October 2010, an act perpetrated by the policemen who arrested them. The Plaintiff therefore sought the following reliefs before the ECOWAS Court of Justice in the suit filed against the Federal Republic of Nigeria: 10