convicted by the Robbery and Firearms Tribunal Kaduna State, and I 1 · sentenced to death but that he filed an appeal against the conviction and sentence to the Court of Appeal, Kaduna Division which appeal is still pending for hearing. 34. He deposed that going by the practice in the Nigerian Prisons, a person convicted and sentenced to death may be executed while his appeal is still pending for hearing. Based on the fact that his rights to appeal to the Court of Appeal may be violated upon by the defendants, he sought for an interim injunction to ensure that he is not put to death before his appeal to the Court of Appeal is heard. PRELIMINARY POINT RAISED BY THE 1ST DEFENDANT 35. However 1st defendants counsel filed a counter affidavit of 20 paragraphs and an additional counter affidavit opposing the grant of the . --- --- ,motion for interim injunction on the grounds that paragraphs 16, 7, 24, 26, 27, 28, 30 and 32 of the plaintiffs affidavit dated 5th and 6th November 2013 contravened the law on how the facts of the affidavit should be deposed to, and that when the deposed facts are faulted, same should be struck out. He also deposed in paragraph 6 of the affidavit that there was no· valid and substantive appeal at the Court of Appeal Kaduna Division with Appeal No CA/K/274/M/2013 pending for - hearing and same was a motion seeking for an extension of time to file . an appeal against a substantive appeal and also in the additional counter affidavit, he deposed to facts that a motion for extension of time to file a Notice of Appeal cannot be said to hold as a substantive Notice of Appeal. He stated that the application for interim injunction should be 12