1st defendant:
27.
The
1st
defendant relied on Section 29(4) of CFRN, 1999 (as amended) which
recognizes every married woman as of full age. Also, that decisions of High Courts lie on
appeal to the Court of Appeal Furthermore, that the constitution provides for prerogative of
mercy to be exercised
by the Governor upon the application
of section 212 of the
CFRN, 1999 as amended and that death penalty is still an extant law in Nigeria. It therefore
prayed that the application be dismissed for lack of merit.
2nd defendant:
28.
Relying on the case of Joseph lbidapo v Lufthansa Airlines (1997) 4 SCNJ Pg1 at pg
3, the 2nd defendant stated that in view of the decision in the above case, no law exists, which
prohibits passing death sentences on either adults or young persons. Also in the case of
Joseph Amoshima v The State (2011) 6 SCNJ Pg 245 at 247 held:
-
'Whereas in very · many jurisdictions the death sentence is frowned
upon or even abolished. In Nigeria, it is fairly enshrined in our
statutes'.
29.
Therefore, death sentence is constitutionally and statutorily recognized and permitted in
Nigeria. On the applicability of International Conventions, the 2nd defendant relied on the
·· - case of Harka Air-Service (Nig) -Limited v Emeka Keazor (20ll), 6 S C N J , 1 5 1 A T
155 where it was held that:
'The Warsaw Convention 1929 which is applicable and relevant to the
instant appeal was domesticated as a Nigerian Law by the carriage by air
(colonies, protectorates and Trust Territories) order 1953 Vol. XI laws of
the Federation 1958, as amended by the Hague protocol. It is still part of
the existing law in Nigeria pursuant to section 315 of the 1999 constitution
as it has not been repealed by any law or rendered invalid or incompetent
by any court of competent Jurisdiction'.
-
30.
The 2nd defendant stated consequently, that all the conventions mentioned with the
exception of the African Charter on Human and Peoples'
Rights (Ratification and
Enforcement) Act Chapter A9, Laws of the Federation of Nigeria, 2004, none of such
conventions was either ratified or domesticated as Nigerian Law to warrant its applicability
in the country, they therefore urged the Court to discountenance the submission made by
8