This is an appeal against the judgment of the Court of Appeal, Ibadan division delivered on 20th February, 2014 - Coram: Chidi Nwaoma Uwa, JCA, Haruna Simon Tsammani, JCA, Obietonbero Daniel- Kalio, JCA wherein, in dismissing the appellant's appeal the court affirmed the judgment of the trial court delivered on Friday the 15th day of June, 2007 in suit No. M/105/2006.

The appellant herein had earlier been charged with offence of murder, tried, convicted and consequently sentenced to death at the Ogun State High Court. His appeal to the court below was dismissed and the subsequent appeal to this court was dismissed, whereby the conviction and sentence, passed on the appellant by the trial High court and affirmed by the court below was affirmed by this court on the 10th day of June, 2006. The applicant was then awaiting execution of the judgment of the court.

Subsequently, 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 had sought the following reliefs:

In support of the application were two affidavits and a Statement stating the grounds of the application. The respondent filed a counter affidavit to oppose the application and the applicant filed a further and Better Affidavit in response.

Learned counsel to both parties thereafter addressed the trial court. In its reserved judgment delivered on 15/06/2007, the trial court granted the declaration sought in relief 1 above, that, as a citizen of the Federal Republic of Nigeria, the applicant is entitled to protection against any form of infringement of his fundamental rights guaranteed under Section 34 (1) (a) of the Constitution of the Federal Republic of Nigeria, 1999. The declarations sought in reliefs 2,3,4, and 5 failed on ground of want of evidence. The two Orders sought in reliefs 7 and 8 above were adjudged without foundation and accordingly dismissed.

Dissatisfied with the judgment of the trial court led the applicant to appeal to the court below on five (5) grounds of appeal from which four (4) issues were distilled for determination. In their reserved unanimous decision handed down on 27/2/2014, the appeal was dismissed after resolving all the issues presented for determination against the applicant. The judgment of the trial court was then affirmed.

Further dissatisfied led the appellant to appeal to this court.