8. ANALYSIS BY THE COURT :
The crux of this case is that the Applicant who was sentenced to
death for the offence of murder in accordance with the laws of the
Defendant and who appealed up to the highest Court in Nigeria
unsuccessfully against the sentence of death imposed on her, and
who has been awaiting execution of the sentence for some years
now, brought this Application before this Court, seeking a
declaration against the Defendant for violation of her right to life and
for cruel, inhuman and degrading treatment.
The Defendant did not file any defence to the action but have raised
a preliminary
objection; even without the preliminary objection which in most parts
relies heavily on the provisions of the decisions of its Court, this
matter can be determined, without considering the merits of the
objection as in most parts, it raises substantive issues that can only
be determined on the merits.
Accordingly, it is our considered view that the mandate of this Court
is to determine interlia cases of violation of human rights occurring
in territory of a Member State of ECOWAS and not to interprete its
National laws. The laws that bind the Court in exercising its function
in the ECOWAS Treaty, the Protocols and Supplementary Protocols
relating to the Court and other Institutions of the Community,
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