d. The Applicant have not shown that she was subjected to torture
or any form of inhuman treatment while in custody and thus the
suit discloses no reasonable cause of action.
e. The Applicant lacks the locus standi to challenge the
constitutionality of the death sentence in Nigeria.
f. That this Court can neither exercise supervisory jurisdiction over
the National Courts nor act as an appellate Court over the
decisions of National Courts of member States of ECOWAS.
In his legal argument, the Defendant submitted as follows;
i.
That by virtue of the Constitution of the Defendant (S.1 (1) the
constitution is supreme and thus outside the jurisdiction of the Court.
He cited a plethora of local Nigerian decisions to buttress her point,
and it will be unnecessary to recite them here as they have no direct
bearing on the jurisdiction of this as stated by the International
instruments establishing it.
ii.
The Defendant also submitted that by Articles 9 and 10 of the
Supplementary Protocol 2005 relating to this Court does not authorize
the Court to deal with subject matter within the competence of National
Courts of member States; and concluded that by virtue of the subject
matter of the suit, the Court lacks jurisdiction to entertain it, and urged
the Court to dismiss the suit as being inadmissible.
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