1st defendant: 27. The 1st defendant relied on Section 29(4) of CFRN, 1999 (as amended) which recognizes every married woman as of full age. Also, that decisions of High Courts lie on appeal to the Court of Appeal Furthermore, that the constitution provides for prerogative of mercy to be exercised by the Governor upon the application of section 212 of the CFRN, 1999 as amended and that death penalty is still an extant law in Nigeria. It therefore prayed that the application be dismissed for lack of merit. 2nd defendant: 28. Relying on the case of Joseph lbidapo v Lufthansa Airlines (1997) 4 SCNJ Pg1 at pg 3, the 2nd defendant stated that in view of the decision in the above case, no law exists, which prohibits passing death sentences on either adults or young persons. Also in the case of Joseph Amoshima v The State (2011) 6 SCNJ Pg 245 at 247 held: - 'Whereas in very · many jurisdictions the death sentence is frowned upon or even abolished. In Nigeria, it is fairly enshrined in our statutes'. 29. Therefore, death sentence is constitutionally and statutorily recognized and permitted in Nigeria. On the applicability of International Conventions, the 2nd defendant relied on the ·· - case of Harka Air-Service (Nig) -Limited v Emeka Keazor (20ll), 6 S C N J , 1 5 1 A T 155 where it was held that: 'The Warsaw Convention 1929 which is applicable and relevant to the instant appeal was domesticated as a Nigerian Law by the carriage by air (colonies, protectorates and Trust Territories) order 1953 Vol. XI laws of the Federation 1958, as amended by the Hague protocol. It is still part of the existing law in Nigeria pursuant to section 315 of the 1999 constitution as it has not been repealed by any law or rendered invalid or incompetent by any court of competent Jurisdiction'. - 30. The 2nd defendant stated consequently, that all the conventions mentioned with the exception of the African Charter on Human and Peoples' Rights (Ratification and Enforcement) Act Chapter A9, Laws of the Federation of Nigeria, 2004, none of such conventions was either ratified or domesticated as Nigerian Law to warrant its applicability in the country, they therefore urged the Court to discountenance the submission made by 8

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