Human beings are inviolable. Every human being shall be entitled to respect for his life and integrity of his person. No person shall be arbitrarily deprived of this right. Article 7(1) ‘Every individual shall have the right to have his cause heard’. This comprises; a. The right to an appeal to competent national Organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force ; The Plaintiff submits that Article 4 of the African Charter on Human and Peoples’ Rights was violated for the following reasons; 1. The imposition of death sentence on the Plaintiff is arbitrary because it was pre-determined by the legislature. 2. The death sentence provisions in the Criminal law statute of the Defendant subjected the Plaintiffs’ to torture, inhuman and degrading treatment. 3. Mandatory death sentence under the law violates the rights of the Plaintiff to fair trial as it derives the right to appeallate review of their sentence contrary to Article 7 (1) (a) of the African Charter on Human and Peoples’ Rights. 6