3.14. On the issue of exhaustion of local remedy, that the applicants’ Application narrated the impossibility that led to the applicants inability to appeal this matter at the local courts and that this court has held in numerous cases that Applicants are not bound to exhaust their right of appeal at the local Courts before approaching this court. 3.15. On the issue as to whether the applicants’ claims as contained in the Application fall under fundamental right, the applicant averred that the right to be protected against torture, cruel, dehumanizing, degrading treatment is a fundamental and inalienable right of every human being as recognised by the Federal Republic’s Constitutions, the African Charter and other international human rights instruments. 3.16. The applicants restated their prayers for relief as was enumerated in the Application. 3.17. On the May 30, 2018, ---days after oral hearing was had in this matter, an Affidavit Evidence in support of the applicants’ case sworn to by Mr. Arthur Angel and containing 18 counts was filed with the court. Mr. Angel swore that he is a friend of the applicants and that he is familiar with the facts of the case. 3.18. That indeed the applicants are been held by the defendant at the Enugu Prison and that he has on several occasion had extensive meeting with the applicants at the Enugu Prison. 3.19. That the applicants are traumatised, depressed, and not mentally stable due to prolonged detention on death row, and that second applicant is paralyzed and seriously sick. 3.20. That the applicants were tried by a Military Tribunal without access to the opportunity to defend themselves during the hurriedly conducted trial and that he is aware that the applicants were not given the opportunity to appeal since right of appeal did not exist at the time of their conviction. 3.21. That effort to get copies of the judgment or records of the proceeding before the Military Tribunal so as to enable the applicants to approach national court for review proved futile. Page | 6