Child justified the argument. The plaintiff submitted that death by hanging is a form of torture, cruel, inhuman and degrading treatment or punishment and urged the Court to grant the Applicant a perpetual injunction to restrain the defendants from infringement of her fundamental rights aforesaid ' 43. After reviewing the submission the Court hereby reiterates that this court is not an appellate court over the decision of the national courts as decided in Mousa Leo Keita v The State of Mali (2009) 1 CCJLR (PT2) 58 and rightly cited by the 3rd defendants C o u n s e l . However, by the provision of Article 4g of the Revised Treaty of ECOWAS which enjoined all member states of ECOWAS to, 'Recognize, promote and protect human and peoples ' rights in accordance with the provisions of the African Charter on Human Rights , the African charter became an important instrument for that regard. 44. On the whole this court holds that the application succeeds in part as enumerated above and the issue of her being a minor even though as opposed to other national laws of Nigeria succeeds and that at time the offence was committed she was below the age of 1 8 and the conflicting evidence as to whether she was 13 years or more is also resolved in her favour accordingly. 45. DECISION 1. Whereas the applicant filed an application seeking for three main reliefs albeit an order for accelerated hearing, an order for injunction restraining the defendants from executing the death sentence pending the decision of the Court and same was granted as set out hereinbefore under Article 20 of Protocol A/Pl/7/91 on the Community Court of Justice;; 2. Whereas an order that the death sentence be quashed and the plaintiff released until it can be ensured that she will benefit from fair proceedings as guaranteed by international standards which is not within the competence of this court and such order cannot be assented to; 3. Whereas the applicant sought an alternative order that the defendant commutes forthwith the sentence of death penalty to another sentence which will take care of the case's peculiarities, as the condemnation was pronounced for facts 16