VI. RESPONDENT’S CASE a) Summary of facts 17.The Respondent denies each and every allegation of facts contained in the Applicants’ narration of facts, asserting that they did not violate the Applicants’ rights to a fair hearing and that at no point were the Applicants denied their right to file an appeal as alleged. 18.The Respondent states that the Applicants were all convicted and sentenced to death upon their trial and conviction for murder by a competent court in Abia State of Nigeria. That the punishment for the offence of murder, if the elements of the offence are proved beyond reasonable doubt by any court in Nigeria is the death sentence. 19.The Respondent denies that second to fourth Applicants or any other person on a death row was ever made to undergo torture or any inhuman conditions except for the service of sentence handed down upon them. That none of the Applicants was recommended for amnesty by the Respondent. 20.They argue that the court of first instance that tried and convicted the Applicants is not a court of last resort, which means that the Applicants have the right to appeal their conviction at both the Court of Appeal and the Supreme Court if they are dissatisfied by the decision of the trial court that found them guilty and sentenced them to death. 21.They also argue that this Court is not an appellate court to local courts of Member States including the Respondent. That the action of the Applicants 8