4. The Provision on mandatory death sentence under the Defendant’s
Criminal law amounts to legislative judgment which deprives the
Court of its inherent discretionary powers in sentencing.
5. Mandatory death sentence violates the Principle of Separation of
Powers.
All these violates the Revised ECOWAS Treaty of 1993 and the African
Charter on Human and Peoples’ Rights.
6. ORDERS/ RELIEFS SOUGHT BY THE PLAINTIFFS :
Accordingly, the Plaintiff seeks the following reliefs from the Court;
i.
A Declaration, that the provisions for death sentence in the
laws of Nigeria (The Defendant) particularly section 319 of the
Criminal Code and S.1(2) (a) and (b) of the Robbery and FireArms (Special Provisions) Act are inconsistent with the
provisions of the Revised Treaty of ECOWAS, The African
Charter on Human and Peoples’ Rights, The International
Covenant on Civil and Political Rights and other laws and
treaties respecting the rights to life and freedom from torture,
cruel inhuman and degrading treatment.
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