3.22. That he is aware that during the course of the allege robbery no death
or injuries ensued.
3.23. That it is fact known to him that the cumulative effect of this court’s
failure to grant the relief sought by the applicant would lead to the
untimely death of the applicants and that it will serve the course of
justice for this court to grant the relief sought by the applicants.
3.24. That it is his understanding that this court possesses the competence
to grant the relief sought by the applicants.
4.0.
PLEAS IN LAW OF THE PARTIES
PLEAS IN LAW BY THE APPLICANTS
4.1.
The applicants invoked as their legal reliance in support of their
application Act Cap A9, Vol. 1 of the Federation of Nigeria 2004
(Ratification and enforcement of the African Charter on Human and
Peoples’ Rights), Article 4 of the Revised Treaty of the Economic
Community of West African States which provides for the
application of the terms of the African Charter to member states, and
Article 1, 2 and 5 of the African Charter.
PLEAS IN LAW BY THE DEFENDANT
4.2.
5.0.
The defendant invoked Article 11 of the Rules of Court, Economic
Community of West African States, Articles 6 & 7 of the African
Charter, Sections 33(1) & 35 (1)(a) of the 1999 Constitution of the
Federal Republic of Nigeria (as amended), The case Adekeya V.
F.H.A.(2008) 11 N.W.L.R. Pt. 1099 at pgs 439 to 539, Alhaj Madi
Mohammed Abubakar v. Bebeji Oil and Allied Products LTD ^ 2
others (2007) 18 N.W.L.R. part 1066 at p. 319, and Onuoha Kalu vs.
The State (1998) 13 NWLR (PT 583) 531.
ISSUES FOR CONSIDERATION
From a careful examination and perusal of the pleadings of the parties, this court
identifies the following issues as been determinative of this case:
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