years now. The Respondent states that this Application was filed and
registered by the Registry of the Court on 25 January 2019, which is more
than the mandatory three years within which to initiate an action against
the Respondent as required by the provision of Article 9(3) as referred
above.
61.Consequently, they content that the above referred Article mandates an
action for violation of human rights to be commenced within three years of
the alleged cause of action. They submit that the issue of statute bar is a
jurisdictional matter and where a Court lacks jurisdiction it lacks requisite
powers to entertain same. They therefore urge the Honourable Court to
resolve this issue in their favour and so hold.
Applicant’s response
62.The Applicants in their response to the objection of the Respondent that the
Application is statute barred submitted that the violations of their rights are
continuous in nature. That the conditions of inmates on death row in
Nigerian Prisons is below standard and the living condition of death row
inmates have diminished inmates’ sense of humanity which depreciates
daily while waiting to be executed.
63.Secondly, the Applicants submit that they have continued to suffer
continuous violations of their rights, and undergo torture and extremely
inhuman conditions on a daily basis. They have lived daily in fear not
knowing when and at what time they would be executed. This has made
them to develop high blood pressure and other serious medical conditions.
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