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JUDGMENT
PARTIES

The plaintiff is Maimuna Abdulmumini a Nigerian and a Community Citizen who was

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convicted contrary to section 221 of the Penal Code of Nigeria for culpable homicide
punishable with death and sentenced to death by hanging.
The 1st Respondent is the Federal Republic of Nigeria.

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3· The 2ND Respondent is Katsina State Government where the Applicant was tried, convicted
and sentenced to death by hanging.

4· The 3rd Respondent is the Nigerian Prison Service where the Applicant is remanded m
custody pending the hearing of her appeal and/or execution of her death sentence.
PROCEDURE

5· The Applicant lodged her application pursuant to Articles 32-33 of the Rules of Procedure on
13th of August 2013. Marked Document no. l stating the violations and the reliefs sought in this
court.

6. The applicant filed a motion on notice pursuant to Article

59(1)(3) (7) 79 of the Rules for

accelerated hearing of the application marked Document No.2.

7· The 1st Defendant filed on 4th October, 2013 their Statement of Defence raising their plea in law
under Section 29(4) of CFRN of 1"999 that every married woman is of full age, marked
Document no. 3……….

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8. The 2nd defendant filed motion for e:A'tension of time and counter affidavit under Article 33 of
the Rules. Marked Document no. 4 and 5.

9· Records of proceedings of the High Court marked Document SA.
10.

.Statement of Defence of the 2nd Defendant marked Document no. 8.

11. Statement

of the 3rd Defendant under Article 1 (1) of the Rules. Marked Document no. 11.

SUMMARY OF THE FACTS OF THE APPLICATION
The plaintiff/Applicant lodged in the Registry of the Court an originating application

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dated 13th August, 2013 under Article 33 of the Rules of the procedure of this Court whereby she

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sought the following reliefs stated inter alia thus:
a)

A declaration that the pronouncing of death penalty against the plaintiff is a

violation of her right to be represented in court and of the right to due process as
guaranteed by article 7 of the African Charter;

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