failed to give his final address on the basis that his address will not improve on the facts of the case. The plea of allocutus was made by her Counsel which the trial judge considered and rightly recommended prerogative power the executive Governor of mercy to commute of Katsina the sentence State to act under his to life imprisonment The 2nd defendant further claimed that the plaintiff intentionally decided to hold her baby girl until she has weaned her in order to call for local, national and international support for her release despite the initial demands for her to release the baby to her father, the plaintiff refused to do so. Furthermore, that there is no law that exists in Nigeria which prohibits passing death sentence on e1ther adult or young person, he therefore claimed that death sentence is constitutionally and statutorily recognized and permitted in Nigeria. 18. The 3rd defendant in its defence, claimed that the applicant was received into prison custody by a lawful court order. Also, that it is statutorily mandated to take and keep custody of persons legally interned. The 3rd defendant also claimed that the applicant was committed to its custody vide a valid commitment warrant. The 3rd defendant also claimed that the applicant was an adult above 18 years when she was received into prison custody. The 3rd defendant further claimed that it is not its duty to prosecute inmates in its custody hence it did not participate in the prosecution of the plaintiff. 19. Also that nothing m the Nigerian law prevents or prohibits a court from sentencing/committing a nursing mother to prison That going with an infant into prison custody is at a total discretion of the inmate/mother. The 3rd defendant claimed that the plaintiffs cell was reasonably decent, hygienic and standard being a new 7ell block That toiletries, beddings, mattress and mosquito nets were provided for all the inmates particularly the claimant and her infant The 3rd defendant also claimed that clean portable water is pumped by bore hole on daily basis. That the right of appeal against the decision of High Courts in Nigeria, lies to the Court of Appeal. - LEGAL ARGUMENTS OF COUNSEL: The plaintiff: 20. . The plaintiff s counsel based their arguments on the African Charter on Human and Peoples ' Rights which is applicable to all Member States of ECOWAS, pursuant to Article 4 of the Revised Treaty which provides that 5 ---·