I warrants of execution by Edo's governor, Mr. Adams Ashiomole, four inmates on death row who were taken to the gallows for execution while second Plaintiff was also taken along. At the point of hanging him, the Sheriff discovered that he was to be executed by firing squad as provided in the judgment which sentenced him to death. He stated that r I I he now faces the psychological trauma for the experience he had in the gallows every day and with the threat from the prisons authority. I 21. The second Plaintiff contended that he has an Originating Motion I on Notice dated 26/6/213 pending before the Federal High Court in the Abuja Judicial Division for the enforcement of his fundamental right to appeal against his conviction and sentence. Therefore, executing him would result in a violation of his right to appeal his conviction as guaranteed by the African Charter Article 7. . -c_ ,_ . - 22. He the plaintiffs further contended that the executions of Chima Ejiofo, Daniel Nsofor, Osarenmwinda Aiguokhan and Richard Igagu were done while their appeals were pending, which showed that, while on death row, second Plaintiff can be executed at any moment with no / consideration of the pending proceedings. 23. The Defendant alleged that the second Plaintiff filed a suit at the Federal High Court seeking the same reliefs as those pending before this - Court and the plaintiffs contended that no exhaustion .of remedies 1s required before the ECOWAS Court. 24. The Plaintiffs further contended that there is no requirement regarding domestic remedies before an individual can bring a claim to 7

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