created the said Court, the tribunal adopted unusual procedure that I I · resulted in the charging, convicting and sentencing thereon. 29. He referred to the high standards required in such trials and quoted thus: “'it is in the face of the heaviest penalties that respect for the right to a fair trial is to be ensured to the highest possible degree by democratic societies” and referred to European Court of Human Rights, Salduz v. Turkey 2008. The Plaintiffs stated that sentence by Nigerian military tribunals violates article 4 and article 7 of the African charter as an arbitrary deprivation of the right to life. 30. He stated that It is clear case law from the African Commission that proceedings before Nigerian military tribunals violate fair trial standards as provided by article 7 of the African Charter: “ Applying fair trial principles to special tribunals) the African Commission has held that they violate Article 7 (1) (d) of the African Charter because their composition is at the discretion of the executive branch” • 334/06 Egyptian Initiative for Personal Rights and Interights v. Egypt (May 2011), where it stated in these words1 “Given that the trial which ordered the executions itself violates Article 7 (fair trial standards), any subsequent implementation of sentences renders the resulting deprivation of life arbitrary and in violation of Article 4 (right to life)”, International Pen, Constitutional Rights Project, Interights on behalf of Ken Saro-Wiwa Jr. and Civil Liberties Organisation v. Nigeria; Nos - 137/94, 139/94, 154/96 and 161/97 (1998). 31. That the Plaintiff contends that taking the view that the imposition of death penalty following an unfair trial is a breach not only of 10