Breaking: ECOWAS Court orders FG to pay $75,000 to family of dead 19-year old NDA cadet

- The ECOWAS Court of Justice mandates the federal government to investigate the circumstances that led to the death of NDA cadet, Elshadai Kwasu

- A three-member panel led by Nwoke Chijioke, rules that the death of the deceased was linked to acts of negligence on the part of the defendants

- The court says the late cadet was forced to swim, despite the defendant’s knowledge that he lacked the ability to do so

The Federal Government has been ordered by the ECOWAS Court of Justice to compensate Wing Commander Danladi Angulu Kwasu for the death of his son, Elshadai Kwasu4

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Elshadai was a 19-year old cadet at the Nigerian Defence Academy who drowned during the watermanship training at the academy, on April 30, 2015.

Premium Times reports that the court ordered the government to pay $75, 000 to the family of a deceased for alleged violation of the deceased right to life.

It also mandated the government investigate the circumstances that led to the death of the cadet and take punitive action against those responsible.

The case against the federal government and the NDA was instituted by father of the deceased cadet, who approached the court to demand the invocation of relevant sections of the African Charter on Human and Peoples Rights on the grounds of alleged violation of his child’s right to life.

But counsel to the federal government had contended that the family of the deceased had signed a prior agreement consenting to possible negative effects of the exercise, wherein they (Mr Kwasu’s family) agreed to understand any hazards that the program could result in.

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However, the court in delivering it’s ruling on the matter dismissed the argument of the government on the basis that the agreement entered into by parties, secretly, does not negate the requirement for carefulness on the part of government.

A three-member panel led by Nwoke Chijioke held that the facts before the court clearly indicated that the death of the deceased was linked to acts of negligence on the part of the defendants.

“There is a colossal link between the death of the deceased and the negligence on the part of the defendant. The defendant merely made a general denial of the act and depended on the consent of the applicant given to the NDA,” said Mr. Chijioke.

The court said documents had duly establishedthe fact that the late cadet was forced to swim, despite the defendant’s knowledge that he lacked the ability to do so.

Source: Naij.com

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