General and Minister of Justice of the Federal Ministry of Justice,
Abuja, Federal Republic of Nigeria.
3.0.
FACTS OF THE CASE
3.1.
On the 17th of January 2018, the applicant herein file with this court
a fourteen counts initiating application pursuant to Article 10 of the
Supplementary Protocol A/SP/01/05 amending the protocol
A/P1/7/91 relating to the Community Court of Justice, and Article
33 of the Rules of the Community Court of Justice. Substantially,
the applicants averred that they are citizens of the Federal Republic
of Nigeria who are among people on death row in Nigeria after been
sentenced by a Tribunal set up by the Military Government of
Nigeria in 1995. That the applicants were arrested on October 11,
1989 and were convicted on December 14, 1995 after their trial in a
proceedings with case file NO: E/13/1994 by a Tribunal set up by
the Military Government of Nigeria.
3.2.
That the applicants and others on death row are denied family
visitation and are kept in total isolation while been so held and
incarcerated by the defendant for the last 23 years. That as the
consequence of such detention conditions 2nd applicant is now
partially paralyzed.
3.3.
That the applicants are being denied unrestricted access to their
lawyers. That effort on the part of counsel for the applicants to
appeal the decision of the Military Tribunal has been frustrated due
to impossibilities imposed upon the said counsels in obtaining the
Certified True Copy of the Judgment of the said Tribunal from the
military authority which is a demand of the Prerogative Board for
the review of the said judgment.
3.4.
That the defendant has threatened to execute the applicants without
allowing the applicants to exhaust the appeal process and that such
threats constitute a violation of the applicants right to life, due
process of law, access to justice and judicial independence, to fair
hearing and to effective remedy.
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