Child. Also, that death sentence cannot be pronounced for the crimes committed by persons below eighteen y ears of age. That Nigeria acted in violation of its international obligations when it agreed to include children in the scope of death penalties. Indeed, Article 6§5 of the International Covenant on Civil and Political Rights provide that 'Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age'. And Article 5§3 of the African Charter on the Rights and welfare of the Child that: 'death sentence shall not be pronounced for crimes committed by children '. 24. He submitted that the plaintiff was below the age of 18 when the facts occurred. That special treatment due to minors has been denied to the plaintiff since the Nigerian judge did not take into consideration the fact that she was a minor when the fact occurred. Plaintiff claimed that under the African Charter on the Rights and Welfare of the Child 'A child means - every human being below the age of 18 years'. As provided in its Article 17 'every child accused or found guilty of having infringed penal la>.1' shall have the right to special treatment in a manner consistent with the child's sense of dignity and worth ', and 'shall be afforded legal and other appropriate assistance in the preparation and presentation of his defence'. 25. More-over, Article 10 of the International Covenant on Civil and Political Rights provides that: 'Juvenile offenders shall be segregated from adults ', therein the plaintiff was presented and sentenced by a court as an adult, without any consideration of her young age. That the African Charter on the Rights and welfare of the Child also provides in its Article 30 that mothers should not be imposed death sentence. That the detention of a other with her infant deprived of any access to -basic care constitutes a form of torture, cruel, inhuman and degrading treatment or punishment. Plaintiff relied on Article 5 of the African Charter and Article 30 of the African Charter on the Rights and welfare of the Child to buttress their point. 26. - In conclusion, plaintiff avers that death by hanging is a form of torture, cruel, inhuman and degrading treatment or punishment. The plaintiff avers that she is entitled to perpetual injunction to restrain the defendants from infringing on her fundamental rights aforesaid. 7