- Where an applicant is deprived of the process of an appeal after I . I ... conviction and sentence of death, it may be an action of arbitral deprivation of the right to life as envisaged by the Article 4 of the said Charter. 52. Moreover Article 7 of the African Charter on Human and People Rights states: "Every individual shall have the right to have his cause heard. (a)The right to an appeal to competent national organ against acts violating his fundamental rights as recognized and guaranteed by conventions, laws regulations and customs in force......" In light of the facts stated herein before the application by the 2nd plaintiff satisfied the requirements for a grant of interim injunction or measures as provided in Article 20 of the Protocol and Article 7 9 of the Rules of Procedure of this Court. We therefore hold that the 2nd plaintiff's application succeeds and it is granted accordingly. 53. Decision 1. Whereas the 2nd plaintiff filed an application for interim injunction. 2. Whereas the application for interim injunction is the same as application for interim measure. 3. Whereas the 2nd applicant who was convicted and sentenced to death, filed an appeal to the Court of Appeal of the Federal Republic of Nigeria and whether it was a motion for extension of time to appeal to the Court of Appeal or a substantive subsisting 21