the· EC0WAS Court of Justice2 pursuant to the provisions of the Supplementary Protocol of 19th January, 2005 which was applied in the case of Koraou v. Niger (27th October, 2008) where the Court stated L that, ((the rule of exhaustion of local remedies is not applicable before the Court) and in the case of Essien v. The Republic of The Gambia (17th March 2007), the Court ruled that, ( the objection regarding the non-exhaustion of local remedies has no bearing with the requirement in bringing this action before this Court'. 25. The Plaintiff further averred that in June 24, 2013 in another matter while the appeals instituted at the Court of Appeal in Lagos by five inmates on death rows and on behalf of all inmates on death rows in Nigeria against Abia State governor and others were pending and also ·the appeal filed at Court of Appeal in Benin, in Olu Fatogun & others v Governor of Edo State which had been served on A.G. Edo State and the Controller of Prisons in Edo State, the executions of the said 4 -- inmates were still carried out in Benin Central Prisons. 26. The Plaintiffs further contended that the f1rst Defendant's allegations and that of the second Plaintiffs condemnation by the Robbery and Arms Tribunal was said to be a final judgment and that consequently, the ECOWAS Court would allegedly have no jurisdiction to adjudicate on violations of human rights resulting from the said - decision of a Nigerian Military Tribunal but the 2nd plaintiff refuted same and stated that the said allegation is a misconception. · 8 ..

Select target paragraph3