recognizes that execution as the consequence of a judgment by a court does
not constitute a violation of that right to life, this Court says that the crux
of the applicants case does not revolved around whether or not the
imposition of the death penalty is a breach of the Federal Government’s
international human rights obligation. This court notes that the applicants,
in count 9, and 10 only alleged threat of execution by the defendant without
affording the applicants the right to fully exercise and exhaust their right
to appeal, and resolutions by both the African Commission and the United
Nation General Assembly requiring countries to adopt moratorium on
execution of the death penalties. This can in no way be equated to an
averment that the imposition of the death sentence is a violation of
fundamental rights. While the applicants did not specify the resolution
alluded to by them, it suffices to say here that resolutions are not binding
instruments.
6.1.15.
The Court therefore says that it sees no justification to refuse
jurisdiction over this matter.
6.2.0. Whether or not the applicants fail to exhaust local remedies for the
redress of allege wrong complaint of and therefore this court is
impotent to enquire into this matter?
6.2.1. In count 3.06 of the Defense in opposition to the applicants’ Initiating
Application, the defendant alleged in passing that the applicants not
having exhausted all available remedies, the said matter is not as yet ripe
for the consideration of this Court.
6.2.2. This Court has, on numerous occasions; expatiate on the issue of nonexhaustion of local remedies. This court has consistently held that there is
no requirement for the exhaustion of local remedy before acquiring
access to this Court. {See Professor Etim Moses Essien v. The Republic
of the Gambia and the University of the Gambia (2007)
ECW/CCJ/APP/05/05 pgs. 107 – 108, Hadijatou Mani Koraou v. The
Republic of Niger (2008) ECW/CCJ/APP/08/08}
6.2.3. More besides, the applicants are averring the impartiality of the military
Tribunal and the denial of the rights to appeal. Assuming these averments
are true, what local remedies are available for the applicants to take
advantage of in the local arena? Under the circumstances of this case as
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