3.5.
The applicants averred further that the actions of the defendant is in
violation of the resolution adopted both by the African Commission
on Human and Peoples Right, and the United Nations General
Assembly requiring countries to adopt Moratorium on execution of
the death penalty.
3.6.
The applicants alleged that the resolution referred to herein above
further provides that member state of the African Union that
maintained capital punishment should fully comply with their
obligations under the African Charter on Human and People’s Right,
and guarantee to every person accused of crime for which capital
punishment is applicable, fair trial standard. The applicants further
contended that their trial before the Military Tribunal did not meet
due process safeguard as required by the African Charter on human
and People’s Right and other relevant international standard having
been trial by a Military Tribunal even though the offense for which
they were tried could have been had by the regular judicial tribunal.
3.7.
That unless the relieve sought by the applicants is granted, the
defendant will continuously be in breach of its human rights
obligations, and that the applicants may be secretly executed away
from the public, and their families in violation of transparency
requirements.
3.8.
The applicants therefore pray this court for the following reliefs:
(a) A declaration that the trial of the applicants by a Military Tribunal constituted
by the Military Government as against the regular tribunal who has jurisdiction
to try the offense alleged against them constitutes a breach of his right to fair
hearing and fair trial as guaranteed by the African Charter on Human and People’s
Right.
(b) A declaration that the consistent and continuous denial of fair trial right and
the right to appeal of the applicants on death row and in prison under
dehumanizing and harsh conditions is in violation of the Federal Republic of
Nigeria’s constitution and Article 1, 2, 3, 4, 5, 7 and 26 of the African Charter on
Human and People’s Right.
(c) A declaration the public threat by the defendant to publicly execute the
applicants and other persons on death row amount to deliberate and wilful
disregard of the request by the African Commission on Human and Peoples’
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