procedural standards but also of the right to life. The UN Human Rights I 1 Committee in the case Reid v. Jamaica and the Inter-American Commission in the case Graham v. United States [Case 11.193, Report No. 97/03, Inter-Am C.H.R., OEA/Ser./L/V.II.114 Doc. 70 rev. 2 at 705 (2003)] also considered that a violation of due process invalidates a conviction and sentence. Therefore, military courts should not in any circumstances whatsoever have jurisdiction over civilians and Special Tribunals should not try offences that fall within the jurisdiction of regular courts. 32. That the plaintiffs further stated that in addition, no appeal of the sentence rendered by the Nigerian military tribunals is possible by virtue of section 11 (4) of Robbery and Firearms (Special Provision) Act. That until now, inmates sentenced to death by Nigerian military tribunal have been continuously denied the· rights to appeal against their conviction. ··'=" 0 -'''='-==c=c=He stated that:·the- 2nd_ Plaintiffs is therefore in imminent danger of b ein g executed and urged that it will be in the interest of justice to grant this application because the Defendants would not be prejudiced if the application succeeds. 33. Having set out the summary of the facts of the substantive case, and the pleas in law regarding same, we move to consider the instant - application of interim injunction, restraining the defendants from executing the death penalty on the 2nd plaintiff pending the hearing and determination of the substantive matter, to this effect, the plaintiffs' counsel filed a 37 paragraph affidavit to support the motion on notice dated 6th November 2013 wherein he deposed to the facts that he was 11

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