3. This Application is premised on the alleged violation of the Applicants’
rights to due process of law, fair hearing, judicial independence, right to
appeal and to effective remedy and the threat of secret execution by the
Respondent, guaranteed under Article 5 and 7 of the African Charter on
Human and Peoples’ Rights.
IV. PROCEDURE BEFORE THE COURT
4. The Initiating Application was filed on 7 April 2021 and served on the
Respondent on 8 April 2021.
5. The Respondent filed a Motion for Extension of Time within which to file
a Statement of Defence, on 1 June 2021, same was served on the Applicants
on 1 June 2021.
6. The Respondent filed their Counter Affidavit in Opposition to the
Applicants’ Affidavit Evidence and Statement of Defence on 1 June 2021
and both were served on the Applicants on 1 June 2021.
7. During the Court hearing on 27 October 2021, both Parties were
represented in Court and the Court heard their submissions on the merits,
after which the case was adjourned for Judgment.
V. APPLICANT’S CASE
a) Summary of facts
8. The second to fourth Applicants aged 50, 54 and 56 years old, were
allegedly convicted separately, by the High Court of Abia State of the
Respondent for the crime of murder for which they were sentenced to
4