The
Economic Community of West African States (ECOWAS) Community Court of Justice
has ordered the federal government and the Edo State Government to take Mr.
Thankgod Ebhos’s name off the death row.
Ebhos,
who has faced imminent threat of execution since June 24, 2013 when he was
taken to the gallows alongside four other inmates who were executed in Benin
Prison, had been on death row for 18 years.
Apprehension
of his transfer to another prison for the purpose of execution had been lurking
since then.
Avocats
Sans Frontières France, in a bid to preclude further executions in the state,
had instituted an action against the federal and state governments at the
ECOWAS Court of Justice on Ebhos’ behalf.
An
application was filed by Avocats Sans Frontières France, seeking an interim
injunction restraining the respondents from executing Ebhos pending the hearing
and determination of the substantive matter before the court.
The
court established proof of desire to appeal on the part of the convict and
stated that in the light of such a desire, any move to enforce the death
sentence would be a violation of article (4) of the African Charter on Human
and People’s Rights which states that if a convict is executed without
exhausting the avenues for appeal, it constitutes an arbitrary deprivation of
the right to life.
Furthermore,
the court held that the application satisfied the court in line with article 20
of the protocol of the court and article 79 of the laws of the procedures of
the court.
“Whereas
a conviction and sentence hanging on the second plaintiff when his intention to
appeal against the conviction and sentence is in the court’s estimation an extreme
gravity and urgency and to avoid irreparable damage to the second plaintiff,
the court shall grant interim measure or injunction by ordering that the
defendant shall suspend the death sentence until the case before the court is
determined,” the court stated.
The
court further ordered that his name be removed from death row, pending the
determination of the substantive matter before it.
Reacting to the ruling, Head of Office of Avocats Sans Frontières France, Angela Uwandu, expressed immense satisfaction and reiterated the commitment of ASF France to ensuring that rights of detainees and convicts are upheld.
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