‘right to life, as envisaged by international Conventions, it is simply refuted by case law of comparable international Courts; particularly The European Court of Human Rights (which cites Article 2 of the European Convention, which after recognising the right to life, soon admits the death sentence under certain conditions), and the InterAmerican Court of Human Rights (Judgment on Neira Algeria and others Vs. Peru 19th January 1995 series C. No 20. The abolition of death sentence may be envisaged as a future project and as an ideal measure to be adopted, but nothing in law as of now, permits one to say that the Respondent violates human rights by maintaining the death penalty. This Court deals with lex lata and not lex feranda (i.e. law as it is not law as it ought to be). Accordingly, mere existence of the death penalty in the Criminal laws of the Defendant does not amount to the violation of the human rights of the Plaintiff under the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’ Rights or any known International human rights instrument to which the Defendant is a party and therefore the action must be dismissed. 9. DECISION : 19