14.The case of the Applicant is that the Respondent failed to adhere to
international standards by denying them the time and facility to appeal even
when subsequent investigations disclosed facts contrary to those which
were used to secure their conviction. They therefore allege that their rights
to a fair trial were violated as the Respondent did not follow the procedural
guarantees for a fair hearing during their trials, as required by the African
Charter on Human and People’s rights.
15.They further allege that they were convicted based on mere confessional
statements without corroboration, neither was any identification parade
conducted by the police, additionally the confession made was elicited
through torture. They therefore submitted that the Respondent violated
their rights to a fair trial guaranteed by the Constitution of Nigeria, the
African Charter and other international human rights instruments that the
Respondent is party to.
16.It is their claim that in the various years spent on death row, they have
endured torture and inhumane conditions in the prisons and live in daily
fear of not knowing when they will be executed. The Applicants state that
the conditions of the prison resulted in serious medical conditions for them
including high blood pressure and depression. A claim they say is
supported by the report of the Honourable Attorney General of the
Federation, wherein he acknowledged the lack of medical facilities in
Nigerian Prisons. They state that their condition is very critical and their
sense of humanity greatly diminished due the substandard conditions of the
prisons. These conditions they state is as bad as the death penalty itself,
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