-- - --- -- I -- ~ Canst. Application No. CCZ 50/15 ............ .... In retaining the death penalty albeit under very restricted circumstances, the I .....,.... •• - ~ ..... 1........ ' ' ' new Constitution has laid out an elaborate procedure which must be meticulously followed under s 48 which provides as follows : "FUNDAMENTAL HUMAN Rl GHTS AND FREEDOMS 48 Right to life (I) Every person has the right to life. (2) (3) A law may permit the death penalty to be imposed only on a person convicted of murder committed i!1 aggravating circumstances, and(a) the law must permit the court a discretion whether or not to impose th~ penalty; (b) the penalty may be carried out only in accordance with a final judgment of a competent court; (c) the penalty must not be imposed on a person(i) who was less than twenty-one years old when the offence was committed; or (ii) who is more than seventy years old; (d) the penalty must not be imposed or carried out on a woman; and (e) the person sentenced must have a right to seek pardon or commutation ofthe penalty from the President An Act of Parliament must protect the lives of unborn children, and that Act must provide that pregnancy may be terminated only in accordance with that law." (Emphasis provided) { Both the judiciary and everyone concerned are dutifully obliged to scrupulously observe the above mandatory constitutional provisions. I now turn to determine the two issues which fall for determination in sequence. 1. Whether or not this court has the jurisdiction to grant the order requested by the applicants .