committed during the minority of age of the plaintiff and while she is also
actually the mother of a young girl and whereas this court was of the view that
the issue of age of a convict is not foreclosed by the fact of the marriage of
the applicant and where there is doubt as to the age of the applicant as in this
case, same shall be resolved by this Court in favour of the said applicant and
we so resolved her minority status in her favour.
4. Whereas the applicant sought for an order that being a minor at the time of the offence it
shall be necessary to keep the applicant in young persons' prison or home as the case
may be and we so grant it herewith.
5. Whereas the applicant sought for an order for injunction to restrain the defendants from
executing the death sentence pronounced on the applicant and whereas this court was
influenced by Article 6(5) of the International Covenant on Civil and Political
Rights provide that: 'Sentence of death shall not be imposed for crimes committed by
persons below eighteen years of age,' and also
Article 5(3) of the Mrican Charter
on the Rights and welfare of the Child that: death sentence shall not be pronounced for
crimes committed by children '; this Court holds that the said Article 5(3) stated above
applies herein.
6. Whereas the applicant sought for an order directing the defendant to pay adequate
monetary compensation of N10,000000, but considering the magnitude of the crime of
culpable homicide punishable by death in that a person died as a result of her action even
though this court is not an appellate court over that decision, we make an order of
compensation for 5million Naira for the Applicant against the Respondent accordingly.
The Court Decides that:
7. In view of the fact that her age was in doubt as to whether she was 13 years at the
time of the offence and as also stated by the trial court, Article 5(3) of the African
Charter on the Rights and Welfare of the Child applies.
8.
Consequently the Applicant is entitled to compensation in the sum of 5 Million
Naira against the Respondents.
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