- a) whether the sentence of death passed on the Applicant/plaintiff by the defendant happened when she was a minor thereby making her conviction and sentence of death a violation of her fundamental rights as guaranteed under Articles 5 and 17 of the African Charter on the Rights and Welfare of the Child; A declaration that the condemnation of the mother of a young child to death is a gross violation of article 30 of the African Charter on the Rights and Welfare of the Child; b) whether a declaration that the condemnation to death by hanging is a form of torture cruel in human and degrading treatment or punishment; c) Whether Articles 5(3) and 17 of the African Charter on the Rights and welfare of the Child are applicable in this case to defeat the conviction and sentence of death passed on the applicant being a child below the age of 18 years. d) Whether by declaring or not that Article 5(3) and 17 of the said Charter are applicable amounted to reviewing the decision of the High Court of Dutsinma in - Katsina State, a judicial organ of Nigeria- a Member State. 36. Whether the provision of any national legislation can defeat the provision of a Treaty or the African Charter on Human and Peoples' Rights which have been domesticated under Section 12 of the Constitution of the Federation of Nigeria. 37· The submission of the 3rd defendant that it did not lie within the powers of this court to determine when and how a death warrant is to be executed is misconceived ; though the conviction and sentence is the exclusive preserve of the State Governors or the President of the country to amend or vary same. Sections 371 and 374 of the Criminal Procedure Act Cap C41 Laws of the Federation of Nigeria 2004 and sections 294-298 (criminal Procedure Code) are applicable to the proceedings in the national trial court and also section 204 of the 1999 constitution of the Federal Republic of Nigeria for such cases to lie on appeal at the Court of Appeal, from the High Court of a State in terms of violation of human rights pertaining The 3rd defendant relied on the case of Mousa Leo Keita v The State of Mali (2009) I CCJLR (PT2) 58: The Community Court of Justice held that it is not a Court of Appeal vis-a-vis the national courts of member states. Also, that it does not possess the power to revise decisions made by the domestic courts of member States; hence it was powerless and cannot adjudicate upon decisions of national courts. It therefore submitted that the jurisdiction of the Community Court does not extend to appeals from decisions of domestic courts of member States. 11