HARUNA SIMON TSAMMANI, JCA (Delivering the Leading Judgment): The Appellant herein, was charged, tried, convicted and consequently sentenced to death at the Ogun State High Court. His appeal to the Court of Appeal and the Supreme Court was dismissed and the conviction and sentence of death meted on him by the High Court was affirmed. The appeal at the Supreme Court was determined on the 10th day of June, 2006. Consequent upon the dismissal of his appeal by the Supreme Court, the Appellant applied to the High Court of Ogun State for the enforcement of his Fundamental Rights to Freedom from torture, inhuman and degrading treatment as guaranteed by Section 34 of the Constitution of the Federal Republic of Nigeria, 1999 and Articles 3, 4, 5, 6 and 8 of the African. Charter on Human and Peoples' Rights (Ratification and Enforcement) Act, Cap.10 Laws of the Federation of Nigeria, 1990. By the said Application, the Appellant sought the following reliefs:-
1. A DECLARATION that as a citizen o…