The Court has consistently stated that it adjudicates on concrete issues
especially ones relating to the violation of human rights occurring in Member
States of ECOWAS and not on violation of legislations.
The Court does not interprete the legislations of Member States or determine
their violation; but acts or omissions of States which violates the rights of its
citizens as contained in International obligations assumed by such Member
States (See; judgment of 18 November, 2010 on Hissein Habre Vs. Republic
of Senegal (48 and 49) and CPD Vs. Ors Vs. Burkina Faso (2015).
Further, as earlier noted, the Application does not cite any legal instrument
binding on the Respondent in respect of the Prohibition of death sentence.
Although such instrument(s) may exist in certain regional jurisdictions, (for
example Additional Protocol No. 6 of 28th April 1983 and Protocol No 13 of
13th May 2002, relating to the abolition of death sentence within the States
of European Union) but such convocations are neither found in Africa in
general nor with the ECOWAS Region in particular.
Thus, the provision for the death sentence as punishment for certain
offences within the jurisdiction of the Respondent States does not infringe on
the human rights of the Applicant or any other person.
As for the thesis according to which the death sentence is contrary to the
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