MAHMUD MOHAMMED, JCA (Delivering the Leading Judgment): This appeal is against the ruling of Ajakaiye, J. of the Federal High Court, Enugu delivered on 23-1-2001. The ruling was on a motion on notice filed by the respondents in this appeal as applicants seeking the following relief:-
"An order of mandamus against the 1st respondent directing him to give effect to presidential amnesty granted to death row inmates, which include the applicants, by the President of Federal Republic of Nigeria on the 4th of January, 2000".
The application was supported by the statement of the applicants and a 13 paragraph affidavit. The respondents who opposed the application filed a 6 paragraph counter affidavit while the applicants on being served with the counter affidavit filed a further 7 paragraph affidavit in support of their application. Thereafter, learned counsel on both sides filed written addresses containing their arguments in support of and in opposing the application. After considering the …