. 'i of a motion for extension of time to appeal or by a substantive notice of I I 1 · appeal. The two options stated above did not reduce the fact that the 2 n d applicant has shown his desire to appeal against the conviction and sentence of death given by the trial Judge, Justice J.S. Abiriyi, on the 30th day of April 1995. Even though the period of conviction and sentence appeared to be very long, the notice for extension filed by the 2nd plaintiff made it difficult not to look on the side of justice, on such grievous matter as life and death. 50. The question of whether the Court can sit on appeal in respect of cases decided upon by the National Court is not a material point for a decision, because· this Court, times without number made it clear in its jurisprudence that its jurisdictional powers did not extend to hearing appeals from the decision of national Courts see Kaita v Republic of Mali delivered on 22nd March 2007 and Alimu Akeem delivered on 27th January 2014'. The originating application indicated. , a prima facie _ violation of human rights of the 2nd plaintiff under Articles 4 and 7 of the African Charter on Human and Peoples Rights, Article 9 (4) of the . Supplementary Protocol 2005 of Community Court of Justice and International Instruments. 51· These grounds upon which the 2nd plaintiff lodged the action are based on violation of human rights and not on grounds of appeal against - the conviction and sentence. Article 4 of the African Cha rter on Human and Peoples Rights states that, "Human beings are inviolable rights. Every human b eing shall be entitled to respect for his life and the integrity of his person no one may be arbitrarily deprived of this right" -, 20

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