the plaintiff counsel. Furthermore, that in the case of Abacha v Fawehinmi (2000) 6
-NWLR
PT (660) PG 228 AT PP 288-289 where it was held:
'Suffice to say that an International treaty entered into by the Government does
not become binding until enacted into lm1' by the National Assembly see Section
12 (1) of the 1979 Constitution'.
31. The fundamental rights as provided in Chapter IV of the 199 Constitution of Federal
Republic of Nigeria as amended were dully observed by the trial court bearing in mind that,
the offence of culpable homicide contrary to Section 221 of the Penal Code carries death
sentence. On enforcement of international human rights standards the 2nd defendant cited
the case of Segun Ogunsanya v The State (2011) 6 SCNJ PAGE 190 AT PAGE- 195
where the Court held that
r
A case is won on credible evidence and not on address. No amount of
brilliant address or playing to the gallery by counsel can make up for
lack of evidence to prove or defend a case in court. The main purpose
of an address is to assist the court, and is never a substitute for
compelling evidence. Failure to address will not be fatal or cause
miscarriage of justice '.
.
The 3rd defendant
The· 3rd defendant -relied on the provisions of regulation 2 of the Prisons. Regulation
made pursuant to section 15 of The Prison Act Cap P27 Laws of the Federation of Nigeria,
2004 which lays down the conditions by which a person may be admitted into Prison
custody Also, that the Prisons Standing Order 201 1 provides in Order 476 that the officer
who receives any prisoner must satisfy himself that the usual papers are brought with the
prisoners and that they are in order. Based on this, the 3rd defendant stated that they have
exhibited the warrant/commitment which the accused person was admitted into custody. The
3rd defendant also relied on the united Nations Minimum Standard Rules for the treatment of
Prisoners (UN MSR) adopted by the United Nations General Assembly Resolution 43/173 of
19th December 1988 which sets out what is generally accepted as being good principle and
-
practice in the treatment of prisoners and the management of penal institutions. The
provisions of Nigerian Prison Standing orders concerning treatment of infants complies
substantially with the UN MSR.
9