14. He stated that Robbery and Firearms Act as amended Cap W16 LFN 1990 would allow room for appeal as the Nigerian Constitution - guarantees the 2 nd Plaintiffs right of appeal. The 2nd Plaintiff has a valid and subsisting appeal at the Court of Appeal Kaduna Division with Appeal CAI K I 274 I M I 2013. A copy of the notice of appeal is already before the Honourable Court and the 2nd Plaintiff s right to life is about to be permanently violated with the impending death execution which is I I I ' irreversible. 15. The 2nd Plaintiff who was taken to the gallows for execution on the 24th June, 2013 and would have been executed but he was taken back to prison cell because the gallows did not work. He stated that he the 2nd Applicant equally witnessed the execution of the other four death row inmates in Edo State prison whose appeals were pending at the Court of Appeal with appeal No CA/L/797 /M/2012 to wit, Godwin Pius and others v Governor of Abia State and 36 others. 16. He stated that despite the pendency of the matter the 2nd plaintiff filed at the Federal High Court and the Court of Appeal Kaduna ·Division, the Defendants had gone ahead to place the 2nd Plaintiff on death row and on a waiting list of those about to be executed. He stated ... _ __ the records show that defendants did not usually take cognisance · of pending appeals as most of the rime they proceed with execution despite the pendency of several appeals and referred to Documents showing such attitude. He stated that where there is no urgent pronouncement by this Honourable Court, the Defendants will proceed with the execution of the 2nd Plaintiff/ applicant. He further stated that 5

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