'The High contracting parties, in pursuit of the objectives stated in Article 3 of this Treaty,-solemnly affirm and declare their adherence to the following principles: ' 4(g) ... recognition, promotion and protection of human and peoples' rights in accordance with the provisions of the African Charter on Human Rights ' 21. . That the Federal Republic of Nigeria itself has ratified and adopted the African Charter on Human and Peoples ' Rights in 1990, implemented in the African Charter on Human and Peoples' Rights (Ratification and Enforcement) Act Chapter A9, Laws of the Federation of Nigeria, 2004. The Plaintiff avers that, being a citizen of Nigeria, she is entitled to the enjoyment of her fundamental rights as set out in the Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria and in the African Charter on Human and Peoples ' Rights The plaintiff avers that the sentence is a violation of the right to defence resulting from Article 7(c) of the African Charter and of the right to appeal a conviction. That this sentence violates her fundamental rights, the judge having ruled without considering the fact that her counsel did not effectively defend her nor represent her during the trial. 22. Also that Article 4 of the African Charter on Human and Peoples' Rights and Article 6 of the International Covenant on Civil and. Political Rights both protect the right to life and provide that no one may be ·arbitrarily deprived of this right. Further, that. Article. N. 10 of the Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa reads: 'Eve1yone convicted in a criminal proceeding shall have the right to review of his or her conviction and sentence by a higher tribunal' and more specifically 'Anyone sentenced to death shall ' have the right to appeal to a judicial body of higher jurisdiction.' 23. Therefore, being subject to a death sentence, the plaintiff must be awarded the possibility to appeal the ruling. Moreover, the appeals proceedings would stay the execution of the death sentence, as provided by the same text 'A judicial body shall stay - - execution of any sentence while the case is on appeal to a higher tribunal '. Plaintiff relied on the case of Bello v AG Oyo State (1986) 5 NWLR (PT45) 828@ 860-861, the court held that the execution of an inmate while the appeal on his conviction was still pending to be unconstitutional. The sentence violates the rights of the plaintiff as a child resulting from Article 5(3) and Article 1 7 of the African Charter on the Rights and Welfare of the 6