40. On the decision of the trial court being subject to appeal and that execution of the sentence 1 shall be stayed while the appeal to the Court of Appeal is yet to be determined, he urged the Court to hold that execution of the applicant should be halted until the appeal is determined. Plaintiff relied on the case of Bello v AG Oyo State (1986) 5 NWLR (Pf45) 828 @ 860-861, where the court held that the execution of an inmate while the appeal on his conviction was still pending to be unconstitutional thereby justifying that a judicial body shall stay execution of any sentence while the case is on appeal to a higher tribunal'. The sentence violates the rights of the plaintiff as a child resulting from article 5§3 and article 17 of the African Charter on the Rights and welfare of the Child. 41. Also, that death sentence cannot be pronounced for the crimes committed by persons below eighteen years of age. That Nigeria acted in violation of its international obligations when it agreed to include children in the scope of death penalties. Indeed, Article 6(5) of the International Covenant on Civil and Political Rights provide that: 'Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age'. And Article 5(3) of the African Charter on the Rights and welfare of the Child that: ' death sentence shall not be pronounced for crimes committed by children '. 42. ,He submitted that the plaintiff was below the age of 18 when the facts occurred. That special treatment due to minors has been denied to the plaintiff since the Nigerian judge did not take into consideration the fact that she was a minor when the fact occurred. Plaintiff claimed that under the African Charter on the Rights and Welfare of the Child 'A child means eve1y human being below the age of 18 years'. As provided in its Article 17 'every Child accused or found guilty of having infringed penal law shall have the right to special treatment in a manner consistent with the child's sense of dignity and worth ', and 'shall be afforded legal and other appropriate assistance in the preparation and presentation of his defence'. Moreover, Article 10 of the International Covenant on Civil and Political Rights provides that: 'Juvenile offenders - shall be segregated from adults, 'therein the plaintiff was presented and sentenced by a court as an adult, without any consideration of her young age. The African Charter on the Rights and welfare of the Child provides in Article 30 that mothers should not be imposed death sentence and that the detention of a mother with her infant would deprive them of access to basic care constitutes a form of torture, cruel, inhuman and degrading treatment or punishment. On Article 5 of the African Charter and Article 30 of the African Charter on the Rights and Welfare of the 13