recognizes that execution as the consequence of a judgment by a court does not constitute a violation of that right to life, this Court says that the crux of the applicants case does not revolved around whether or not the imposition of the death penalty is a breach of the Federal Government’s international human rights obligation. This court notes that the applicants, in count 9, and 10 only alleged threat of execution by the defendant without affording the applicants the right to fully exercise and exhaust their right to appeal, and resolutions by both the African Commission and the United Nation General Assembly requiring countries to adopt moratorium on execution of the death penalties. This can in no way be equated to an averment that the imposition of the death sentence is a violation of fundamental rights. While the applicants did not specify the resolution alluded to by them, it suffices to say here that resolutions are not binding instruments. 6.1.15. The Court therefore says that it sees no justification to refuse jurisdiction over this matter. 6.2.0. Whether or not the applicants fail to exhaust local remedies for the redress of allege wrong complaint of and therefore this court is impotent to enquire into this matter? 6.2.1. In count 3.06 of the Defense in opposition to the applicants’ Initiating Application, the defendant alleged in passing that the applicants not having exhausted all available remedies, the said matter is not as yet ripe for the consideration of this Court. 6.2.2. This Court has, on numerous occasions; expatiate on the issue of nonexhaustion of local remedies. This court has consistently held that there is no requirement for the exhaustion of local remedy before acquiring access to this Court. {See Professor Etim Moses Essien v. The Republic of the Gambia and the University of the Gambia (2007) ECW/CCJ/APP/05/05 pgs. 107 – 108, Hadijatou Mani Koraou v. The Republic of Niger (2008) ECW/CCJ/APP/08/08} 6.2.3. More besides, the applicants are averring the impartiality of the military Tribunal and the denial of the rights to appeal. Assuming these averments are true, what local remedies are available for the applicants to take advantage of in the local arena? Under the circumstances of this case as Page | 12

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